Terms and Conditions - Raster Works

Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Raster Works regarding your use of our website and services. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree with any provision of these Terms and Conditions, you must discontinue use of our website and services immediately. These terms work in conjunction with our Terms of Service and Privacy Policy to establish the complete framework governing our relationship with users and clients.

User Obligations and Conduct

Legal Compliance

You agree to comply with all applicable local, national, and international laws and regulations when using our services. This includes intellectual property laws, export control regulations, privacy laws, and any industry-specific regulations that may apply to your use of our arcade game development services.

You are responsible for ensuring that your use of our services and any content you provide does not violate the rights of third parties or applicable laws in your jurisdiction. We reserve the right to refuse service or terminate agreements if we believe your intended use may violate legal requirements.

Content Responsibility

When engaging our services, you represent and warrant that all content, materials, and intellectual property you provide:

Are owned by you or properly licensed for your use
Do not infringe upon any third-party intellectual property rights
Do not contain unlawful, defamatory, or offensive material
Are accurate and not misleading

Prohibited Conduct

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

Using our services to develop content that promotes illegal activities or violates regulations
Attempting to reverse engineer, decompile, or extract proprietary methodologies from our work
Using our services in a manner that could damage our reputation or business relationships
Sharing confidential information about our development processes without authorization
Misrepresenting the nature or extent of our involvement in your projects

Age Requirements

Our services are intended for businesses and individuals who are at least 18 years old or the age of majority in their jurisdiction, whichever is greater. By using our services, you represent that you meet these age requirements and have the legal capacity to enter into binding agreements.

Indemnification

You agree to indemnify, defend, and hold harmless Raster Works, its affiliates, contractors, and team members from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

Your violation of these Terms and Conditions or any applicable laws or regulations
Your infringement of any intellectual property or other rights of third parties
Any content or materials you provide that result in legal claims against us
Your misuse of developed games or services in ways not intended or authorized
Claims from third parties related to your business operations or implementations

This indemnification obligation survives termination of your relationship with Raster Works and applies to claims brought at any time. We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate fully with our defense of such claims.

Disclaimers and Warranties

Service Disclaimer

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. While we strive for excellence in arcade game development, we do not guarantee that our services will be error-free, uninterrupted, or meet all your specific requirements. We make no warranties regarding the accuracy, reliability, or completeness of any content or materials provided through our services.

Performance and Results

We disclaim any warranty that our services will meet your expectations or achieve specific outcomes. The success of arcade game projects depends on numerous factors beyond our control, including market conditions, player reception, platform policies, and implementation decisions. We do not guarantee:

Commercial success or profitability of developed games
Specific player engagement metrics or retention rates
Approval by specific platforms, venues, or distribution channels
Freedom from technical issues across all hardware configurations

Third-Party Services

Our services may integrate with or reference third-party platforms, tools, or services. We are not responsible for the availability, accuracy, or reliability of these third-party services. Any reliance on third-party services is at your own risk. We disclaim all warranties regarding third-party products or services referenced or integrated into projects.

Limitation of Liability

To the maximum extent permitted by applicable law, Raster Works and its affiliates, contractors, and team members shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities arising from or relating to:

Your use or inability to use our services
Delays or interruptions in service delivery
Technical issues or defects in developed games or services
Market performance or commercial results of projects
Third-party actions, platform decisions, or external market factors

In no event shall our total liability exceed the amount paid by you for the specific service that gave rise to the claim during the twelve months preceding the claim. This limitation applies regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise.

Force Majeure

Neither party shall be liable for any failure or delay in performing obligations under these Terms and Conditions to the extent that such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to:

Natural disasters, pandemics, or other acts of nature
War, terrorism, civil unrest, or government actions
Internet service disruptions or telecommunications failures
Power failures or equipment malfunctions beyond normal wear
Changes in third-party platform policies or availability

The affected party shall provide prompt notice of such circumstances and make reasonable efforts to minimize delays. If the force majeure event continues for more than 90 days, either party may terminate the affected agreement without penalty.

Governing Law and Jurisdiction

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which Raster Works operates, without regard to its conflict of law provisions. Your use of our services may also be subject to other local, national, or international laws.

Dispute Resolution

In the event of any dispute, controversy, or claim arising from or relating to these Terms and Conditions or our services, the parties agree to first attempt to resolve the matter through good-faith negotiation. If negotiation fails to resolve the dispute within 30 days, the parties may pursue mediation or arbitration as mutually agreed, or seek resolution through appropriate legal channels.

Jurisdiction

You agree to submit to the exclusive jurisdiction of courts in our operating location for resolution of any legal matters that cannot be resolved through alternative dispute resolution. However, we retain the right to seek injunctive or equitable relief in any jurisdiction to protect our intellectual property rights.

Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent. If modification is not possible, the provision shall be severed from these terms. The remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. When we make changes, we will update the "Effective date" at the top of this page and may provide additional notice for significant modifications. Material changes will be communicated through prominent website notices or direct communication to active clients.

Your continued use of our services after changes are posted constitutes acceptance of the modified terms. If you do not agree with the modified terms, you must discontinue use of our services. For ongoing projects, modifications will apply subject to the terms of existing project agreements.

Questions or Concerns

If you have questions about these Terms and Conditions or need clarification on any provisions, please reach out through our contact page. We're committed to maintaining transparent relationships with our clients and users.

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