Terms and Conditions
1. Your Agreement With Rent My Arcade
Your use of Rent My Arcade’s website (“Service”) and/or your rental and use of an Rent My Arcade game (“Arcade Rental”) is subject to these terms and conditions (“Terms”). “Rent My Arcade” and/or “we” and/or “our” and/or “us” means Rent My Arcade, a property of PAR Cade, LLC.
Your acceptance of the Terms is a precondition to your use of our Service and/or Arcade Rental, and your acceptance is demonstrated by either you accepting these terms as part of the application process or by your use of the Services. We may change these terms at any time, and new terms will be located at http://rentmyarcade.net/terms. You agree that your use of the Service after new terms are posted constitutes your agreement to the new terms whether or not you have read the new terms. All of the users of our Service, including yourself, are identified as”Users”.
2. Your Qualifications for Arcade Rental
(A) In order to register as a User and obtain an Arcade Rental, you must be at least 18 years of age and an authorized user of a credit/and or debit card with sufficient charging authority to pay the initial deposit, monthly rental charges for the arcade game(s) you request and the Liquidated Damages (see Section 3G) that may be assessed in the event you fail to return our Arcade Game(s) in compliance with these Terms.
(B) You warrant that the Arcade Game(s), while in your possession, will be located in your home or your place of business, without access to third parties unless authorized by you and which can be delivered to the location where it placed, remain and used without requiring disassembly and without requiring delivery by transiting more than three steps (up or down)
(C) We reserve the right to refuse delivery of an Arcade Game to you and/or to cancel the rental of an Arcade Game already delivered, if in its sole discretion it determines that the conditions and circumstances of the security and safety of the location poses an unreasonable risk of loss of the Arcade Game. This discretion may be exercised at any time including, but not limited to, the time of delivery or after delivery.
3. Terms of Arcade Game Rental
(A) You may use our Website to identify available Arcade Games. You may contact us to confirm the availability of your chosen Arcade Game and confirm a delivery date and time.
(B) MONTHLY RENTALS
(i) The rental period for arcade games is one calendar month (“Rental term”) for your personal, non-commercial use. Your credit card will be charged on the date you sign up and will renew on the same day each month until you cancel service. The charges to your card will include payment for the Rental Term and a $75 per game refundable deposit.
(ii) Your credit card will be charge $75 per Rental Term for each Arcade game you rent from us. Your rental will be automatically renewed for a new Term, unless you notify us that you are terminating the rental, no less than three business days prior to the expiration of the term.
(iii) After holding a game for a minimum of one rental period, Customers have the option to exchange their games for different ones if they would like.
(iv) We do not charge for delivery or pickup within the Twin Cities metro area, as defined by the I494/I694 loop, but we do charge a fee of $50 if you or your authorized adult is not present at the delivery or pickup location on the delivery date. The decision to deliver outside the Twin Cities metro area will be at our sole discretion and will be subject to a one-time per-game $50 extended area delivery fee.
(C) SPECIAL EVENT RENTALS
(i) Upon request of a Special Event Rental, a written quote will be provided to define the Rental Term, rental rate, damage deposit sales tax, and delivery fee (if applicable).
(ii) A $75 per game reservation fee will be required in advance to hold the game(s) for the event. The reservation fee is non-refundable but will be applied toward the rental balance, which will be due in full the day prior to the event. A delivery fee may apply and will be determined by the number of games rented, the location and duration of the event. A $75 damage deposit fee is required for each game and will be fully refunded after the event if there is no damage to the games.
(iii) We reserve the right to provide a substitute game if the requested game is unavailable on your event day due to damage or defect.
(iv) Short-term, Special Event Rentals may not be suitable for all types of events and will be considered on a case-by-case basis.
(D) We accept credit and debit card payment through 2Checkout.com, a third-party payment processor. In no event will we be liable for unauthorized use of your Card by a third party.
(E) If you properly terminate a rental at the end of a Term in accordance with this agreement, you will be contacted to confirm a pickup date and time. Before picking up the game, we will assess it for any damage that is beyond normal wear and tear and if it’s in similar condition to what it was delivered in, we will process a refund for your deposit. The damage deposit will be issued by bank check and mailed within five days of the end of the rental Term.
(F) In the event the rented Arcade Game ceases working during the rental period, you will contact us in accordance with instructions on the website. We may first attempt to troubleshoot the problem with you over the phone, and if the issue is not otherwise resolved, a representative of ours will come to your location within three days of the call, and repair or replace the game. Unless we determine, in our reasonable discretion, that the cause of the breakdown was your failure to properly secure or use the Arcade Game, you will not be charged for the repair and you will receive a pro-rate reimbursement for days the Arcade Game remained unusable beyond three days, after notice to us of the problem. If we determine in our reasonable discretion that you are responsible for the repair to the Arcade Game, you will be charged for the cost of repair in accordance with Section 3G.
(G) You are responsible for all damage or casualty loss to the Arcade Game during the rental term. In the event the Arcade is repairable, you will reimburse us for the cost of repair, including service fees at the rate of $75 per hour and the cost to us for parts. In the event the Arcade Game is not repairable or is a total loss or has been stolen or not otherwise returnable, you agree to reimburse us for the full replacement cost of the game, to be determined by Rent My Arcade based on current market value at the time of loss. In the event that damages exceed your initial deposit amount, you will be billed or invoiced for the difference over the deposit paid for any remaining costs or liquidation damages.
(H) You waive any claim of personal injury and/or property damage from any cause in connection with the Arcade Game you rent from us, regardless of the cause, and further agree that in the event a Court imposes liability on us for property damage or personal injury that the maximum award you will be entitled to is One Hundred Dollars ($100.00).
(I) You agree to indemnify us and hold us harmless from any claim for personal injury or property loss brought against us by one or more third parties in connection with the Arcade Game you have rented.
(J) You will maintain and use the Arcade Game in a careful and cautious manner, including but not limited to the following:
- You will turn off the Arcade Game when not in use
- You will not place, drinks, other liquids or other foreign objects on the Arcade Game.
- You will not “manhandle” the Arcade Game or otherwise operate in an unsafe manner.
- You will not allow children to use the Arcade Game except under your direct supervision and you will not place small children on the game surface.
- You will not use the Arcade Game for any purpose other than as an Arcade Game.
- You will not use the Arcade Game for commercial purposes.
- You will not open or disassemble the arcade cabinet doors, control panels, bezels, marquees or other components of the game.
- You will not use the machine or any of its components to test your own equipment or to play other games that were not included in your rental.
- You will not move the game, once it has been delivered.
4. Modification and Termination of Service
(A) You acknowledge and agree that the form and nature of Our Service may change from time to time without prior notice to you.
(B) You may discontinue your use of Our Service at any time. We may, at any time, terminate your use of Our Service if (A) You have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to or are unable to comply with the provisions of the Terms) or (B) if we are required to do so by law *for example, where the provision of Our Services to you is, or becomes, unlawful). Furthermore, we may terminate your use of Our Service for any reason with or without notice.