PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the Canada and other copyright laws, and is the property of Man Cave Arcade. The collective work includes works that are licensed to Man Cave Arcade. Copyright 2018, Man Cave Arcade ALL RIGHTS
RESERVED. Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing an order with Man Cave Arcade or purchasing Man Cave Arcade products. You
may display and, subject to any expressly stated restrictions or
limitations relating to specific material, download or print portions of
the material from the different areas of the site solely for your own
non-commercial use, or to place an order with Man Cave Arcade or to
purchase Man Cave Arcade products. Any other use, including but
not limited to the reproduction, distribution, display or transmission
of the content of this site is strictly prohibited, unless authorized by Man Cave Arcade. You further agree not to change or delete any
proprietary notices from materials downloaded from the site. Man Cave Arcade does not supply or include roms and emulators of any kind for any purchases whatsoever. Also, any artwork/graphics (licensing, design, theme, etc..) that are not owned by Man Cave Arcade are the sole responsibility of the purchaser.
trademarks, service marks and trade names of Man Cave Arcade used
in the site are trademarks or registered trademarks of Man Cave Arcade
No refunds or exchanges with the exception of: Parts can be exchanged within 30 days from the invoice date provided they are defective. Exchanges are to be approved upon the discretion of Man Cave Arcade. Shipping charges for exchanges are at the expense of the customer. Please note that the original and return shipping and handling charges will NOT be refunded under any circumstances. Custom graphics are non refundable Customer signature required as proof of product satisfaction upon delivery or pick up.
Delivery/White Glove Warranty
Delivery estimates are good faith estimates only. Upon delivery, customers must be available to accept the delivery during a scheduled 4 hour window period for carriers to arrive. Man Cave Arcade Ltd will not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery. There may be additional costs for evening or weekend delivery, weekend delivery is not always available.
If any damages occur during "White Glove Service" you will have to notify the courier right away during the delivery/assembly and contact Man Cave Arcade Ltd, otherwise it will not be covered under warranty. At that time the courier can either fix the machine on site or delviery back to Man Cave Arcade Ltd. With LTL shipments (Curb Side) the customer has 24-48hrs to open the pacakge and inspect for any damages.
Warranty Disclaimer This site and the
materials and products on this site are provided "as is" and without
warranties of any kind, whether express or implied. To the fullest
extent permissible pursuant to applicable law, Man Cave Arcade
disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular
purpose and non-infringement. Man Cave Arcade does not represent or
warrant that the functions contained in the site will be uninterrupted
or error-free, that the defects will be corrected, or that this site or
the server that makes the site available are free of viruses or other
harmful components. Man Cave Arcade does not make any warranties or
representations regarding the use of the materials in this site in
terms of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some countries/states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability Man Cave Arcade shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if Man Cave Arcade has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of liability or
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Typographical Errors In
the event that a Man Cave Arcade product is mistakenly listed at
an incorrect price, Man Cave Arcade reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price. Man Cave Arcade reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, Man Cave Arcade shall issue a credit
to your credit card account in the amount of the incorrect price.
Terms and Conditions Notes: No refunds or exchanges with the exception of: Parts can be exchanged within 30 days from the invoice date provided they are defective. Exchanges are to be approved upon the discretion of Man Cave Arcade. Shipping charges for exchanges are at the expense of the customer. Please note that the original and return shipping and handling charges will NOT be refunded under any circumstances. Custom graphics are non refundable Customer signature required as proof of product satisfaction upon delivery or pick up.
Term; Termination These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Man Cave Arcade without notice at any time, for any reason. The provisions relating
to Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice Man Cave Arcade may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address
you have provided to Man Cave Arcade.
use of this site shall be governed in all respects by the laws of Canada without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of Man Cave Arcade
products) shall be in the state or federal courts located in Canada. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of Man Cave Arcade products) must be commenced within one (1) year after
the claim or cause of action arises. Man Cave Arcade's failure to
insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any of these terms and conditions. Man Cave Arcade may assign its rights and duties under this Agreement to
any party at any time without notice to you. Man Cave Arcade does not supply or include roms and emulators of any kind for any purchases whatsoever.
Use of Site Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a Man Cave Arcade or other licensed employee,
host, or representative, as well as other members or visitors on the
site is prohibited. You may not upload to, distribute, or otherwise
publish through the site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a
criminal offense, violate the rights of any party or which may otherwise
give rise to liability or violate any law. You may not upload
commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other
Participation Disclaimer Man Cave Arcade does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not
in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to
view and distribute user-generated content on the site, Man Cave Arcade is merely acting as a passive conduit for such distribution and is
not undertaking any obligation or liability relating to any contents or
activities on the site. However, Man Cave Arcade reserves the right
to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Man Cave Arcade in its sole discretion.
agree to indemnify, defend, and hold harmless Man Cave Arcade, its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Third-Party Links In an
attempt to provide increased value to our visitors, Man Cave Arcade may link to sites operated by third parties. However, even if the
third party is affiliated with Man Cave Arcade, Man Cave Arcade has no control over these linked sites, all of which have separate
privacy and data collection practices, independent of Man Cave Arcade. These linked sites are only for your convenience and therefore you
access them at your own risk. Nonetheless, Man Cave Arcade seeks to
protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites
it links to as well (including if a specific link does not work).