Terms of Use

Penelope's Arcade LLC ("Penelope's Arcade", "we") makes games, apps and a website (the "Services"). By using the Services, you agree to these terms and to our Privacy Notice. Some games or features may have additional terms; where they conflict with these, the additional terms apply.

Using the Services

If you follow these terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to download, install and use the Services for your personal, non-commercial use. You may not copy, modify, sell or redistribute the Services or their content; reverse engineer them or bypass their security; access them with robots, scrapers or other automated means except through our own apps; or use them or their content to develop or train machine learning or artificial intelligence models. We may update the Services, including automatically. If you are under the age of majority where you live, please use the Services with the involvement of a parent or guardian. This licence ends if you don't follow these terms.

Your conduct and content

You may share content through the Services, such as a display name or a game you send to others, as long as it isn't unlawful, offensive, threatening, defamatory, invasive of privacy or infringing, and isn't spam or harmful code. Don't impersonate anyone, cheat or tamper with the Services, or interfere with other people's use of them. We may remove content or refuse or suspend access at our discretion, but we don't review everything shared and aren't responsible for content others share.

Submissions

Anything you send or make available to us, including feedback, suggestions, ideas, recommendations, contributions and content, may be used by us for any purpose, without obligation or compensation to you. You grant us a worldwide, perpetual, irrevocable, royalty-free, transferable and fully sublicensable right to use, copy, modify, adapt, publish, distribute and display it in any media, along with any name you submit with it. You confirm that you have the right to grant this, and you agree to indemnify us against claims arising from what you submit.

Purchases and third parties

Purchases are made through the app store you use, under its terms, which govern billing and refunds. Using the Services may also involve third-party services, such as app stores and network providers, under their own terms. We aren't responsible for third-party services or for websites we link to.

Our content

The Services and their content, including software, artwork, music, text and names, belong to Penelope's Arcade or its licensors and are protected by copyright and other laws. Our names and logos may not be used in a way that suggests a connection with us or is likely to confuse. All rights not expressly granted are reserved.

Copyright complaints

We respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act. Send notices to our Copyright Agent at [email protected], including: your physical or electronic signature; a description of the copyrighted work; where the material you believe is infringing appears in the Services; your address, telephone number and email address; a statement that you believe in good faith the use is not authorized by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for them. We may remove material and, in appropriate circumstances, end access for repeat infringers. Other intellectual property concerns may be sent to the same address.

Communications

When you contact us or we contact you, communications may be electronic, and you agree that electronic communications satisfy any requirement that they be in writing.

Disclaimer and limitation of liability

The Services are provided "as is" and "as available". To the fullest extent permitted by law, we make no warranties of any kind, express or implied, including that the Services will be uninterrupted, error-free or free of harmful components, and we are not liable for any damages of any kind arising from your use of the Services, including direct, indirect, incidental, punitive and consequential damages.

Law and compliance

These terms are governed by applicable federal law and the laws of the State of Washington, USA, without regard to conflict of law rules, and disputes will be resolved in the state or federal courts located in Washington. You may not use the Services if you are subject to U.S. sanctions, and you must comply with applicable export laws.

General

We may change the Services, or these terms, at any time; continuing to use the Services means you accept the changes. If any part of these terms is found unenforceable, the rest remains in effect. These terms are written in English, and the English version prevails over any translation.

Contact

Questions: [email protected]