FoneArcade Terms of Use

The FoneArcade service is provided to you by Twisted Wrist Limited, a company registered in Ireland.

FoneArcade is a subscription service that provides our members with access to Android Games which are downloadable over the internet to Android Mobile devices such as Smartphones and Tablets.

Our service also provides recommendations, categorisations and other information regarding these Android Games.

These Terms of Use govern your use of our service. As used in these Terms of Use, "FoneArcade service", "our service" or "the service" means the service provided by FoneArcade for discovering and downloading and playing Android games, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

1. Membership.​

Your FoneArcade membership will continue month‐to‐month until terminated. Unless you cancel your membership before your monthly renewal date, you authorize us to charge your next month's membership fee to your Payment Method (see "Cancellation" below).

To use the FoneArcade service you must have Internet access and a compatible Android device, and you must provide us with a current, valid, accepted method of payment.

2. Free Trials

2.1. Your FoneArcade membership may start with a free trial. The free trial period is specified during sign­up and is intended to allow new members to try the service. You will be notified during sign­up whether you are eligible for a free trial.

2.2. We will bill your Payment Method for your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period.

To view the monthly membership price and end date of your free trial period, visit our website and click the "Billing details" link on the "My Account" page. You will not receive a notice from us that your paid membership has begun.

3. Billing

3.1. ​Billing Cycle.​

The membership fee for our service will be billed on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of your paid membership. In some cases the timing of your billing may change, for example if your Payment Method has not successfully settled. Visit our website and click on the "My Account" page to see your next payment date.

3.2. ​Payment Methods.​

Your payment method is via credit card. We do not store your credit card details. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

3.3. ​Cancellation.​

You can cancel your FoneArcade membership at any time, and you will continue to have access to the FoneArcade service through the end of your monthly billing period.

We do not provide refunds or credits for any partial month membership periods or for any Games that have not been accessed. To cancel, go to the "My Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click on the "My Account" page. Games downloaded are only available for use while subscribed to our service, if you cancel your account, we reserve the right to disable any games that you have previously downloaded.

FoneArcade reserves the right to terminate your account or put your account on hold in the case of a breech of these Terms and Conditions, or if we believe your account has been compromised, or if we deem this service is being abused.

3.3. ​Fair usage Policy.​

The FoneArcade service is created for personal use on your own personal Android devices, sign-in details should not be loaned or passed onto other parties for their use. The number of devices on which you may download and the number of downloads of a specific Android game is restricted and depends on your chosen subscription plan and is specified on the "My Account" page. Abuse of the service may result in your account being cancelled and all downloaded games being disabled.

3.4. ​Changes to the Price and Service Plans.​

We may change our service plans and the price of our service from time to time; However, any price changes or changes to our service plans will apply to you no earlier than 30 days following email notice to you.

4. FoneArcade Service

4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the FoneArcade service. Minors may only use the service under the supervision of an adult.

4.2. The FoneArcade service and any content downloaded through the service are for your personal and non-commercial use only. During your FoneArcade membership we grant you a limited, non­exclusive, non-transferable, license to access the FoneArcade service and download games to your personal Android device. Except for the foregoing limited license, no right, title or interest shall be transferred to you. The license to the content is only extended to you for the period of your subscription, if you cancel your subscription we reserve the right to disable the content on your device.

4.3. You may download an Android Game through the FoneArcade service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such Android games. The content that may be available to download will vary by geographic location and will change from time to time.

4.4. We continually update the FoneArcade service, including the Game available, we may add or remove titles.

4.5. You agree to use the FoneArcade service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the FoneArcade service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the FoneArcade service; use any robot, spider, scraper or other automated means to access the FoneArcade service; Decompile, reverse engineer or disassemble any software or other products or processes accessible through the FoneArcade service; Insert any code or product or manipulate the content of the FoneArcade service in any way; Or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e­mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the FoneArcade service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

4.6. The availability of the service is dependent on an active Internet connection. Android Games can range in size (the size of each game is displayed on the individual product page), we advise you to consider the size of the game before downloading over the mobile network.

4.7. FoneArcade is designed to enable downloading of Android Games to compatible Android devices. You acknowledge that the availability of certain Android games will be dependent on the specific Android device you use (not all games are available for All Android devices). Only Games that are available for your specific signed-in device will be available for download.

4.8 Use of the Website—By accessing the website, you warrant and represent to FoneArcade that you are legally entitled to do so and to make use of information made available via the website.

4.9 Trademarks—The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of FoneArcade of their partners owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of FoneArcade

4.10 External links—External links may be provided for your convenience on the website or inside a Game, but they are beyond the control of FoneArcade and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

4.11 Disclaimer of liability—The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website or game, any information contained on the website or game, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

Conflict of terms—If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Severability—Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

5. Passwords & Account Access

5.1. The member who created the FoneArcade account and whose Payment Method is charged (the "Account Owner") has access and control over the FoneArcade account. To maintain control over the account and to prevent anyone from accessing the account (which may include information on history for the account), the Account Owner should not reveal the password or the Payment Method details associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.

5.2. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the FoneArcade website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We can terminate your account or place your account on hold in order to protect you, FoneArcade or our partners from identity theft or other fraudulent activity.

6. Governing Law.​

These Terms of Use shall be governed by and construed in accordance with the laws of Ireland. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

7. Third-party Applications.​

You may encounter third party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Applications") that interact with the FoneArcade service. Your use of these Applications may be subject to third party terms of use or license terms.

8. Unsolicited Materials.​

FoneArcade does not accept unsolicited materials or ideas for Games, and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to FoneArcade.

9. Customer Support.​

To find more information about our service and its features or if you need assistance with your account, please visit the FoneArcade Help Centre on our website (www.fonearcade.com/help). In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

10. Survival.​

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

11. Changes to Terms of Use.​

FoneArcade may, from time to time, change these Terms of Use. We will notify you at least 30 days before these new Terms of Use apply to you.

12. Electronic Communications.​

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

Last Updated: 09 August 2016