Terms of Service for Top Arcade

Last Updated: 14th October 2025

These Terms of Service ("Terms") govern your access to and use of the Top Arcade platform ("Platform"), including all games, content, software, and services provided thereon (collectively, the "Services"). By accessing or using the Services, you ("User," "you," or "your") agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with these Terms, you must not use the Services.

2. Eligibility (Minimum Age Requirement)

• General Eligibility: You must be at least 13 years old to use the Services. By using the Services, you represent and warrant that you are 13 years of age or older.
• COPPA Compliance: If you are under 13 years old, you may not use the Services, as we do not knowingly collect personal information from children under 13 in compliance with the Children's Online Privacy Protection Act (COPPA). Parents or guardians of children under 13 must not allow such children to use the Services.
• Age of Majority: If you are between 13 and the age of majority in your jurisdiction, you may use the Services only with the consent of your parent or legal guardian, who shall be responsible for your compliance with these Terms.

3. Account Registration & Responsibilities

• Account Creation: To access certain features of the Services, you may need to register for an account ("Account"). You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.
• Account Security: You are responsible for maintaining the confidentiality of your Account credentials (e.g., username, password) and for all activities conducted under your Account. You agree to notify us immediately of any unauthorized use of your Account.
• Prohibited Account Actions: You may not: (i) share your Account with others; (ii) use another User's Account without permission; (iii) create multiple Accounts to circumvent restrictions; or (iv) use false or misleading information to register an Account.

4. User Conduct & Platform Rules

You agree to use the Services in a lawful and responsible manner. You shall not, in connection with the Services:

• Violate any applicable laws, regulations, or third-party rights;
• Upload, transmit, or distribute content that is illegal, harmful, offensive, defamatory, infringing, or otherwise objectionable (e.g., hate speech, violence, discrimination);
• Engage in unauthorized access, hacking, or disruption of the Services or other Users' Accounts;
• Circumvent security measures, reverse engineer, or modify the Services or related software;
• Use bots, scripts, or automated tools to access or interact with the Services; or
• Impersonate any person or entity, or falsely state or imply an affiliation with any person or entity.

5. Intellectual Property Rights

• Top Arcade's IP: All content on the Services, including but not limited to logos, trademarks, graphics, text, software, and games owned or licensed by Top Arcade, is the exclusive property of Top Arcade or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute such content without prior written permission.
• Third-Party IP: Games and content provided by third parties ("Third-Party Content") are the property of their respective owners. Use of Third-Party Content is subject to the terms of use of the respective third-party owners.
• User IP: By submitting content to the Services (e.g., reviews, comments), you grant Top Arcade a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content in connection with the Services.

6. Third-Party Games & External Links Disclaimer

• Third-Party Games: The Services may include games provided by third-party developers ("Third-Party Games"). Top Arcade does not control, endorse, or guarantee the availability, quality, or legality of Third-Party Games. Your use of Third-Party Games is governed by the third party's terms of service and privacy policy. Top Arcade shall not be liable for any losses or damages arising from your use of Third-Party Games.
• External Links: The Services may contain links to external websites or services. Top Arcade is not responsible for the content, policies, or practices of such third-party sites. You access external links at your own risk.

7. Advertising, Monetization & Sponsorship Policies

• Advertisements: The Services may display advertisements, which may be targeted based on your usage or preferences. Advertisers are responsible for the content of their ads. Top Arcade does not endorse any products or services advertised on the Services.
• Sponsorships: Third-party sponsorships or promotions displayed on the Services are subject to additional terms provided by the sponsor. Top Arcade reserves the right to reject or remove any advertisement or sponsorship that violates applicable laws or these Terms (e.g., misleading, offensive, or non-compliant content).
• User-Generated Content (UGC) Ads: If you upload UGC with embedded advertisements, you warrant that you have the right to include such ads and that they comply with these Terms and applicable laws. Top Arcade may block or remove non-compliant ads.

8. User-Generated Content (UGC) Rules

• License to Use: By uploading or submitting UGC (e.g., game mods, reviews, comments), you warrant that: (i) you own or have the necessary rights to the UGC; (ii) the UGC does not infringe any third-party rights; (iii) the UGC is not illegal, harmful, or objectionable; and (iv) you comply with all applicable laws.
• Moderation: Top Arcade reserves the right to review, edit, or remove any UGC at its sole discretion, including but not limited to content that violates these Terms or applicable laws. We are not obligated to monitor UGC, but we may do so.
• Non-Commercial Use: UGC must be uploaded for non-commercial purposes unless explicitly authorized by Top Arcade in writing.

9. DMCA Copyright Notice & Takedown Procedure

Top Arcade complies with the Digital Millennium Copyright Act (DMCA) and will respond to valid copyright infringement notices. To report alleged copyright infringement:

• Notice Requirements: A copyright owner or agent must submit a written notice containing: (i) a physical or electronic signature of the copyright owner or authorized agent; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the material on the Services that is claimed to be infringing, including its location; (iv) contact information (name, address, phone number, email); (v) a statement that the complainant has a good faith belief that the use is not authorized by the copyright owner, its agent, or law; and (vi) a statement that the information in the notice is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the copyright owner.
• Counter-Notice: If you believe material was removed or disabled by mistake, you may submit a counter-notice with: (i) your signature; (ii) identification of the removed material and its prior location; (iii) a statement under penalty of perjury that you have a good faith belief the material was removed due to mistake or misidentification; and (iv) your contact information and consent to jurisdiction.
• Contact for DMCA Notices: Submit notices to privacy@arcade.top (see Section 16).

10. Privacy & Data Protection (GDPR/CCPA Reference)

• General: Top Arcade's collection, use, and disclosure of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.
• GDPR Compliance (EU Users): If you are located in the European Union (EU) or European Economic Area (EEA), you have rights under the General Data Protection Regulation (GDPR), including the right to access, rectify, or delete your personal data, restrict processing, and object to processing. These rights may be exercised via the methods outlined in our Privacy Policy.
• CCPA/CPRA Compliance (California Users): If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including the right to request disclosure of your personal data, deletion of your data, and opt-out of the sale of your data (if applicable). These rights may be exercised via the methods outlined in our Privacy Policy.

11. Termination of Accounts

• Top Arcade's Right to Terminate: Top Arcade may terminate or suspend your Account and access to the Services at any time, with or without notice, if: (i) you violate these Terms or applicable laws; (ii) your use of the Services causes harm to Top Arcade or others; (iii) the Services are discontinued; or (iv) required by law.
• User's Right to Terminate: You may terminate your Account by contacting us (see Section 16). Upon termination, your right to use the Services will cease, and we may delete your Account data in accordance with our Privacy Policy.
• Effect of Termination: Sections 5 (Intellectual Property), 9 (DMCA), 12 (Disclaimers), 13 (Indemnification), and 14 (Governing Law) shall survive termination.

12. Disclaimers & Limitation of Liability

• Disclaimers: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Top Arcade does not warrant that the Services will be uninterrupted, error-free, or secure.
• Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOP ARCADE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Third-Party Claims: Top Arcade shall not be liable for any claims or damages arising from Third-Party Games, ads, or external links.

13. Indemnification

You agree to indemnify, defend, and hold harmless Top Arcade, its affiliates, licensors, and service providers, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of the Services; (ii) your violation of these Terms or applicable laws; (iii) your UGC or Third-Party Content; or (iv) your infringement of any third-party rights.

14. Changes to Terms

Top Arcade reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Services and updating the "Last Updated" date above. Your continued use of the Services after the effective date of the changes constitutes acceptance of the revised Terms.