Last updated: May 18, 2025

INTRODUCTION AND ACCEPTANCE

Welcome to DigiArcadia.com. These Terms of Service (“Terms”) constitute a legally binding agreement between you and DigiArcadia.com (“Company,” “we,” “us,” or “our”) governing your access to and use of the DigiArcadia.com website, services, applications, and digital video game products (collectively, the “Services”).

By accessing or using our Services, creating an account, or making a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

These Terms include our Privacy Policy, Cookie Policy, and Refund Policy, which are incorporated by reference. We encourage you to read these documents carefully as they govern your use of our Services and contain important information about your rights and obligations.

You must be at least 18 years old to create an account and purchase digital products from DigiArcadia.com. If you are between 13 and 18 years old, you may use our Services only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

USER ACCOUNTS AND ELIGIBILITY

Account Creation

To access certain features of our Services, you must create an account with DigiArcadia.com. When you create an account, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Security

You are responsible for safeguarding your password and for restricting access to your account from your devices. You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your account information, including your password.

Age Restrictions

You must be at least 18 years old to create an account and purchase digital products from DigiArcadia.com. If you are between 13 and 18 years old, you may use our Services only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms. DigiArcadia.com does not knowingly collect information from or direct any of our content specifically to children under 13. If we learn or have reason to suspect that a user is under 13 years of age, we will promptly delete any personal information in that user’s account.

Account Verification

We reserve the right to verify your identity and eligibility at any time, including by requesting additional information or documentation. Failure to provide such information may result in the suspension or termination of your account.

One Account Per Person

Each user is permitted to maintain only one active account with DigiArcadia.com. Creating multiple accounts, creating an account on behalf of someone else, or providing false information during the registration process is prohibited and may result in the termination of all associated accounts.

USER CONDUCT AND PROHIBITED ACTIVITIES

General Rules of Conduct

When using our Services, you agree to behave in a respectful and lawful manner. You are solely responsible for your conduct and any content you submit, post, or display through our Services.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  1. Violating Laws or Regulations: Using our Services for any purpose that is illegal or prohibited by these Terms, or to promote illegal activities.
  2. Intellectual Property Infringement: Infringing upon the intellectual property rights of others, including copyright, trademark, patent, trade secret, or other proprietary rights.
  3. Unauthorized Access: Attempting to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to our Services.
  4. Malicious Code: Uploading or transmitting viruses, malware, or other types of malicious code that may interfere with or disrupt our Services or any user’s enjoyment of our Services.
  5. Fraud and Misrepresentation: Engaging in any fraudulent activity or misrepresenting your affiliation with any person or entity.
  6. Harassment and Abuse: Harassing, threatening, intimidating, or abusing any other user of our Services or our staff.
  7. Cheating and Exploitation: Using cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with our Services.
  8. Reselling Digital Products: Selling, renting, leasing, or otherwise transferring your account or any digital products purchased through our Services to another person or entity.
  9. Reverse Engineering: Reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying software or other intellectual property used in our Services.
  10. Interfering with Service Operation: Disrupting, overburdening, or aiding in the disruption or overburdening of any computer or server used to offer or support our Services.

Monitoring and Enforcement

We reserve the right, but have no obligation, to monitor any user’s use of our Services, including a user’s conduct and any content posted through our Services. We may, in our sole discretion, remove content or restrict, suspend, or terminate a user’s access to all or part of our Services if we determine that a user has violated these Terms or engaged in conduct that we consider inappropriate or unacceptable.

INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, are owned by DigiArcadia.com, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

License to Use Our Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your personal, non-commercial use. This license does not include any resale or commercial use of any part of our Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of our Services or their contents; or any use of data mining, robots, or similar data gathering and extraction tools.

Digital Products License

When you purchase a digital video game or other digital content from DigiArcadia.com, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the purchased digital content for your personal, non-commercial entertainment purposes only. This license is conditioned upon your compliance with these Terms and does not constitute a transfer of ownership of any intellectual property rights.

User Content

By posting, uploading, or otherwise making available any content through our Services (“User Content”), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license above.

Copyright Infringement

If you believe that any content on our Services infringes upon your copyright or other intellectual property rights, please contact us at [email protected] with the following information:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing
  • Your contact information, including your address, telephone number, and email
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

PURCHASES, PAYMENTS, AND BILLING

Pricing and Payment

All prices for digital products on DigiArcadia.com are listed in the applicable currency and are subject to change without notice. We reserve the right to correct any pricing errors or inaccuracies, even if payment has already been processed. If a correction results in a higher price, we will notify you and provide you with the option to cancel your order for a full refund.

Payment Methods

We accept various payment methods as indicated during the checkout process. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is true and accurate. You authorize us to charge your designated payment method for the total amount of your purchase, including any applicable taxes and fees.

Taxes

You are responsible for paying all taxes associated with your purchases through our Services. The purchase price displayed may not include sales tax or other applicable taxes, which will be added to your total purchase price and shown during the checkout process.

Order Confirmation

After placing an order, you will receive an email confirmation with your order details. This email confirms that we have received your order but does not confirm acceptance of your offer to purchase the digital product. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or problems identified by our fraud and verification team.

Digital Delivery

Upon completion of your purchase, you will receive access to the digital product(s) through your DigiArcadia.com account. Some products may require download and installation on your device. You are responsible for meeting the system requirements necessary to use the purchased digital products.

Subscription Services

If we offer subscription services, the following terms apply:

  1. Subscription fees will be billed at the beginning of each subscription period.
  2. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current subscription period.
  3. You can manage and cancel your subscriptions through your account settings.
  4. No refunds will be provided for partial subscription periods if you cancel during an active subscription period, unless required by law.

Pre-orders

When you pre-order a digital product, you will be charged at the time of pre-order unless otherwise specified. You can cancel a pre-order at any time before the release date for a full refund. After the release date, our standard refund policy applies.

REFUNDS

Refund Policy

Our refund policy for digital video games and related products is detailed in our separate Refund Policy, which is incorporated by reference into these Terms. You can access our full Refund Policy at Refund Policy.

Eligibility for Refunds

In general, digital video game purchases may be eligible for a refund if requested within fourteen (14) days of purchase and with less than two (2) hours of playtime. However, certain products and circumstances may not be eligible for refunds, as specified in our Refund Policy.

Refund Process

To request a refund, you must follow the process outlined in our Refund Policy. All refund requests are subject to review, and we reserve the right to deny any refund request that does not meet our eligibility criteria or that we determine, in our sole discretion, constitutes an abuse of our refund system.

Non-Refundable Items

Certain items are generally not eligible for refunds, including but not limited to:

  • In-game purchases, virtual currency, or consumable items that have been used or redeemed
  • Downloadable Content (DLC) that has been consumed, modified, or transferred
  • Products clearly marked as “non-refundable” at the time of purchase

Effect of Account Termination

If your account is terminated for any reason, you will not be entitled to a refund for any purchased digital products unless they independently meet our refund criteria prior to the account termination.

ACCOUNT TERMINATION

Termination by You

You may terminate your account with DigiArcadia.com at any time by contacting us at [email protected]. Upon termination, you will lose access to your account and any digital products associated with it. No refunds will be provided for previously purchased digital products unless they independently meet our refund criteria prior to account termination.

Termination by Us

We reserve the right to suspend or terminate your account and access to our Services at any time, without notice, for conduct that we determine, in our sole discretion, violates these Terms, infringes on the rights of DigiArcadia.com or others, or is otherwise inappropriate or illegal. We may also terminate your account if it has been inactive for an extended period.

Effects of Termination

Upon termination of your account for any reason:

  1. Your license to use our Services will immediately terminate
  2. You will lose access to your account and all digital products associated with it
  3. Any outstanding payments or fees owed to us will become immediately due
  4. We may delete or retain your account information and content as required by law or for legitimate business purposes

Survival

All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

DISCLAIMERS AND WARRANTIES

No Warranties

THE SERVICES AND ALL CONTENT, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

DIGIARCADIA.COM DOES NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

Digital Content Quality

While we strive to provide high-quality digital products, we do not guarantee that all digital products will function perfectly on all systems or be free from minor defects. You are responsible for ensuring that your system meets the minimum requirements specified for each digital product.

Third-Party Content

Our Services may contain links to third-party websites, services, or content that are not owned or controlled by DigiArcadia.com. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that DigiArcadia.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

User Interactions

You are solely responsible for your interactions with other users of our Services. DigiArcadia.com does not monitor or control the content of communications between users and does not guarantee the accuracy, quality, or appropriateness of user-generated content. We reserve the right, but have no obligation, to monitor disputes between you and other users.

LIMITATION OF LIABILITY

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGIARCADIA.COM, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY DIGITAL PRODUCTS PURCHASED THROUGH THE SERVICES.

UNDER NO CIRCUMSTANCES WILL DIGIARCADIA.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGIARCADIA.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

Cap on Liability

IN NO EVENT SHALL DIGIARCADIA.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DIGIARCADIA.COM IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF DIGIARCADIA.COM.

DISPUTE RESOLUTION

Informal Resolution

If you have any concerns or disputes about our Services, you agree to first try to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute through customer support before resorting to more formal methods of resolution.

Binding Arbitration

If we cannot resolve a dispute informally, you and DigiArcadia.com agree to resolve any disputes through binding arbitration rather than in courts of general jurisdiction. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.

Arbitration Procedures

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules for consumer-related disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court. Nothing in this section precludes you from bringing issues to the attention of federal, state, or local agencies.

Waiver of Jury Trial

YOU AND DIGIARCADIA.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DigiArcadia.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Opt-Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your DigiArcadia.com username (if any), and a clear statement that you want to opt out of this Arbitration Agreement.

GOVERNING LAW

Applicable Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law provisions.

Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts located in [County], [State], and you consent to the personal jurisdiction and venue of such courts.

Compliance with Local Laws

You are responsible for complying with all local laws, regulations, and rules that apply to your use of the Services. DigiArcadia.com makes no representation that the Services are appropriate or available for use in locations outside the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws.

CHANGES TO TERMS

Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Notice of Changes

We will notify you of any changes to these Terms by posting the new Terms on our website and updating the “Last updated” date at the top of these Terms. We may also provide notification of changes via email to the email address associated with your account or through a notice on our website.

Continued Use

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Services, and your only recourse is to stop using the Services and terminate your account.

CONTACT INFORMATION

How to Contact Us

If you have any questions, concerns, or feedback regarding these Terms or our Services, please contact us using the following information:

Email: [email protected]

Customer Support

For customer support inquiries, please contact us through your account dashboard or by emailing [email protected]. We strive to respond to all inquiries within 48 hours during business days.

Legal Notices

Any legal notices must be sent to the mailing address listed above or to [email protected] with the subject line “Legal Notice.”

Updates to Contact Information

We may update our contact information from time to time. The most current contact information will always be available in these Terms on our website.