Effective / Last Updated: January 1, 2016
McInteer & O'Rear PLC, 2209 Crestmoor Rd., Suite 310 Nashville, TN 37215
Homearcadesystems.com is a service and technology platform that makes it easier for content owners to setup and configure Hyperspin and other computer-based gaming models. The services offered by Homearcadesystems.com (“Homearcadesystems.com ” or “we”) include the Homearcadesystems.com website (the “Website”), and any other features, product, hard drives, phone consultations, content, or applications offered from time to time by Ntense Consulting and Development Services, LLC (“Ntense”), (collectively, the “Ntense Services”).
Please read this Terms of Use Agreement (“Agreement”) carefully because it sets forth the legally binding terms for your use of the Ntense Services. By using the Ntense Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Purchaser” (which means that you have purchased products or services from the Website or Ntense). All Visitors are required to read the User Agreement. The term “User” refers to a Visitor. You are only authorized to use the Ntense Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this entire Agreement and keep a copy for yourself. If you do not agree with it, you should discontinue use of the Ntense Services.
Ntense may periodically modify this Agreement and such modification shall be effective upon posting by Ntense.com on the Website. You agree to be bound to any changes to this Agreement when you use the Ntense Services after any such modification is posted. Therefore, you should review this Agreement regularly to ensure you are updated as to any changes. Ntense assumes no responsibility or liability for material that is publicly available for download and/or material that is in possession of a User. Contact Ntense at support@homearcadesystems.com if you become aware of misuse of the Ntense Services by any person.
1. Eligibility. By using the Ntense Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Ntense Services does not violate any applicable law or regulation. Use of the Ntense Services is void where prohibited.
2. Fees. You acknowledge that Ntense reserves the right to charge for the Ntense Services and to change its fees from time to time in its discretion. If Ntense performs its services and it determines that the User breached the Agreement, you shall not be entitled to the refund of any unused portion of fees.
3. Content & Ntense Services. Ntense does not claim any intellectual property rights to any material that may be included and/or linked with the Ntense Services. All rom sets originate from Archive.org. Any included roms (game files) are not included in the charge of this service. Ntense only charges for consulting fees and for the price of any empty hard drive that is included with the service and configuration. All hard drives are new and contain full manufacturer’s 2 year warranty. In case of a failure, you may send the drive back to Ntenese and it will re-image it free of charge and do everything it can to assist you.
By using Ntense Services, you acknowledge, warrant, and represent that (1) you have permission to download, install, and configure Hyperspin for all rom sets that can be found on archive.org for your personal research and backup purposes; (2) you own a physical copy of each and every original game and system downloaded for use with the Ntense Services. (3) you will abide by Archive.org’s terms of use, https:/ /archive.org/about/terms.php; (4) once you have completed your research or you no longer own or have the physical game in its original media, you will immediately delete that game file; (5) that you agree to pay for all royalties and fees owing to any person or entity for your use of any rom file for which you did not have permission.
4. Content/Activity Prohibited. Ntense reserves the right to investigate and take appropriate action against anyone who, in Ntense’s sole discretion, violates this provision. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Ntense Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (iii) interfering with the proper working of the Ntense Services; (iv) bypassing the measures we may use to prevent or restrict access to the Ntense Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Ntense Services or the content therein; (v) Reverse engineering any aspect of the Ntense Services or do anything that might bypass or circumvent measures employed to prevent or limit access to any area of the Ntense Services.
5. Copyright / Intellectual Property Policy. The Ntense Copyright / Intellectual Property policy is strictly enforced. You may not copy, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior WRITTEN consent of the owner of such proprietary rights. It is the policy of Ntense to terminate privileges of any User who infringes the copyright rights of others upon receipt of prompt notification to Ntense by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied through the Ntense Services, in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Ntense’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:copyright@homearcadesystems.com, PO Box 1368, La Vergne, TN 37086.
6. Disclaimers. The Ntense Services are provided “AS-IS” and Ntense expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Ntense cannot guarantee and does not promise any specific results from use of the Ntense Services. Ntense is not responsible for any incorrect or inaccurate content in connection with the Ntense Services, whether caused by Users of the Ntense Services or by any of the equipment or programming associated with or utilized in the Ntense Services. Ntense is not responsible for any damage in any way related to an alteration and/or change in the Ntense Services, including, but not limited to, software, API, and/or intellectual property. Ntense is not responsible for any electronic or technical malfunction related to the Ntense Services. You understand that Ntense cannot and does not guarantee or warrant that files available for downloading, uploading, and/or viewing on the Ntense Services will be free of viruses, works, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. You will be solely responsible for the security of your password and the private settings related to Content.
7. Limitation on Liability. IN NO EVENT SHALL NTENSE (or agent of NTENSE) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE NTENSE SERVICES, EVEN IF NTENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NTENSE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NTENSE FOR THE NTENSE SERVICES.
8. Conflict Resolution/Arbitration: The parties shall attempt in good faith to resolve any dispute arising out of or relating to the Ntense Services or Website promptly by negotiation between persons who have authority to settle the controversy. Any party may give the other party written notice of any dispute not resolved in the normal course of business. If not resolved, any dispute, claim or controversy (i.e., contractual, tort, and/or statutory) arising out of or relating to the Ntense Services and Website, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined EXCLUSIVELY by arbitration in LaVergne, Tennessee before one arbitrator. The arbitration shall be administered by either AAA or JAMS. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Tennessee, exclusive of conflict or choice of law rules. If a court determines that this binding agreement to arbitrate is not enforceable, you agree that the dispute shall be governed by the laws of the State of Tennessee, USA, without regard to conflict of law provisions and you agree to EXCLUSIVE personal jurisdiction and venue in the state and federal courts of the United States located in the State of Tennessee, City of LaVergne.
9. Indemnity. You agree to indemnify and hold Ntense, its subsidiaries, and affiliates, and its respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Ntense Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Ntense Services causes Ntense to be liable to another.
10. Other. This Agreement is accepted upon your use of the Website, purchase of any Ntense Service or product, or any use of the Ntense Services. This Agreement constitutes the entire agreement between you and Ntense regarding the use of the Ntense Services. The failure of Ntense to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is personal to You and is not assignable by You without the prior written consent of Ntense. Ntense is permitted at its sole discretion to assign this Agreement or any rights hereunder to any entity.
11 LifeTime Updates. LifeTime Updates. The lifetime updates contain wheel images, database, media (preview videos) and any additional custom work created by Ntense, or subsidiaries. Games, Roms, ISO’s and any other physical game media is not included in the Lifetime Update. All updates and consulting services by Ntnese are non-assignable and non-transferable.
Please contact us at: support@homearcadesystems.com with any questions regarding this Agreement.
