Terms & Conditions

Please read this Terms of Use Agreement (“Agreement”) carefully because it sets forth the legally binding terms for your use of the Arcade Evolution. By using the Arcade Evolution, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Purchaser” (which means that you have purchased products or services from the Website or Arcade Evolution). All Visitors are required to read the User Agreement. The term “User” refers to a Visitor. You are only authorized to use the Arcade Evolution (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this entire Agreement and keep a copy for yourself. If you do not agree with it, you should discontinue use of the Arcade Evolution.

Arcade Evolution may periodically modify this Agreement and such modification shall be effective upon posting by Arcade Evolution.com on the Website. You agree to be bound to any changes to this Agreement when you use the Arcade Evolution after any such modification is posted. Therefore, you should review this Agreement regularly to ensure you are updated as to any changes. Arcade Evolution assumes no responsibility or liability for material that is publicly available for download and/or material that is in possession of a User. Contact Arcade Evolution at contact@arcade-evolution.com if you become aware of misuse of the Arcade Evolution by any person.

  1. Eligibility. By using the service by Arcade Evolution, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of Arcade Evolution services does not violate any applicable law or regulation. Use of Arcade Evolution services is void where prohibited.
  2. Content & Arcade Evolution. Arcade Evolution does not claim any intellectual property rights to any material that may be included and/or linked with Arcade Evolution. All rom sets originate from Archive.org. Any included roms (game files) are not included in the charge of this service or product. Arcade Evolution only charges for consulting fees and for the price of any parts or hardware that is included with the service and configuration. All hardware parts are new (unless otherwise specified) and contain full manufacturer’s 1-2 year warranty where applicable.

By using Arcade Evolution, you acknowledge, warrant, and represent that (1) you have permission to download, install, and configure Hyperspin for all rom sets that can be found on archive.org for your personal research and backup purposes; (2) you own a physical copy of each and every original game and system downloaded for use with Arcade Evolution arcade machines, a list which can be given on request. (3) you will abide by Archive.org’s terms of use, https:/ /archive.org/about/terms.php; (4) once you have completed your research or you no longer own or have the physical game in its original media, you will immediately delete that game file; (5) that you agree to pay for all royalties and fees owing to any person or entity for your use of any rom file for which you did not have permission.

  1. Content/Activity Prohibited. Arcade Evolution reserves the right to investigate and take appropriate action against anyone who, in Arcade Evolution’s sole discretion, violates this provision. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Arcade Evolution in any medium, including without limitation by any automated or non-automated “scraping”; (ii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (iii) interfering with the proper working of the Arcade Evolution; (iv) bypassing the measures we may use to prevent or restrict access to the Arcade Evolution, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Arcade Evolution or the content therein; (v) Reverse engineering any aspect of the Arcade Evolution or do anything that might bypass or circumvent measures employed to prevent or limit access to any area of the Arcade Evolution.
  2. Copyright / Intellectual Property Policy. The Arcade Evolution Copyright / Intellectual Property policy is strictly enforced. You may not copy, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior WRITTEN consent of the owner of such proprietary rights. It is the policy of Arcade Evolution to terminate privileges of any User who infringes the copyright rights of others upon receipt of prompt notification to Arcade Evolution by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied through the Arcade Evolution, in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  3. Limitation on Liability. IN NO EVENT SHALL ARCADE EVOLUTION (or agent of ARCADE EVOLUTION) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE ARCADE EVOLUTION, EVEN IF ARCADE EVOLUTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARCADE EVOLUTION’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ARCADE EVOLUTION FOR THE ARCADE EVOLUTION.
  4. Indemnity. You agree to indemnify and hold Arcade Evolution, its subsidiaries, and affiliates, and its respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Arcade Evolution in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Arcade Evolution causes Arcade Evolution to be liable to another.
  5. Other. This Agreement is accepted upon your use of the Website, purchase of any Arcade Evolution Service or product, or any use of the Arcade Evolution. This Agreement constitutes the entire agreement between you and Arcade Evolution regarding the use of the Arcade Evolution. The failure of Arcade Evolution to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is personal to You and is not assignable by You without the prior written consent of Arcade Evolution. Arcade Evolution is permitted at its sole discretion to assign this Agreement or any rights hereunder to any entity.

Returns

Returns are accepted in the event of damage or hardware failure upon notification of 48 hours after receiving the item. Please note if you have used the item, this will most likely have an effect on our ability to re-sell it to someone else, and if this reduces the value of the product we may only be able to make a partial refund reflecting this reduction in value. So please check that you are happy with the product before you begin any assembly or begin to use it.

All hardware parts come with a manufacturers standard warranty of 1 year. Miss use of any part is not covered by this warranty and will be chargeable. Returns are based on a 12 month RTB warranty.

Software issues are covered free of charge and can arrange to be repaired/fixed upon request for up to a year from purchase date. Software support can be extended past 1 year on request.