Terms of Use

Last Updated: March 7, 2019

Digital Sampling Services Terms of Use

1. Acceptance of the Terms of Use
These terms of use are entered into by and between you and Arcade Digital Sampling Services, Inc. (“Company”, “we” or “us”). The following terms, disclaimers, waivers and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our digital platform, including any Web pages, information, content, functionality and services offered on or through our digital platform (the “Platform”). In these Terms of Use, “you” means you personally if you will exercise the license and/or rights granted for your own benefit, but it means your company (or you on behalf of your company) if you will exercise the license and/or rights granted for your company’s benefit.

Please read the Terms of Use (which contains a binding individual arbitration clause, waiver of the right to a trial by jury and class action waiver) carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, including giving up your right to represent other persons In a class action or similar proceeding, and our Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms of Use or, you must not access or use the Platform.

This Platform is offered and available to users who are 16 years of age or older. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

2. Changes to the Terms of Use
We reserve the right to revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Platform so you are aware of any changes, as they are binding on you.

3. Accessing the Platform and Information Governance
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users. You are responsible for: (i) making all arrangements necessary for you to have access to the Platform; and (ii) ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

4. Intellectual Property Rights
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for your lawful, personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes; (iii) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution; (iv) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; (iv) if we provide links to third party websites with certain content, you may take such actions as are enabled by such features. You must not: (i) modify copies of any materials from this Platform; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Platform. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. If you wish to make any use of material on the Platform other than that set out in this section, please contact us as specified in the “How to Contact Us” section below.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights and licenses not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. Trademarks
The Company name, the term ARCADE BEAUTY, the Company logo and all related names, logos, product and service names, trade dress, designs and slogans are trademarks of the Company or other affiliated companies doing business as “Arcade Beauty” and our and their respective parents and our and their respective subsidiaries worldwide (collectively, “Arcade Beauty Group”)” or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, trade dress, designs and slogans on this Platform are the trademarks of their respective owners.

6. Prohibited Uses
You may use the Platform only for lawful non-commercial purposes and in accordance with these Terms of Use. You agree not to use the Platform: (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (iii) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use; (iv) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (v) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability. Additionally, you agree not to: (vii) use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform; (viii) use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform; (ix) use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent; (x) use any device, software or routine that interferes with the proper working of the Platform or to surreptitiously intercept any system, data or personal information from the Platform; (xi) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (xii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform; (xiii) otherwise attempt to interfere with the proper working of the Platform; (xiv) use, share or provide access to the Platform or any content or service provided via the Platform (including, but not limited to, via links to any of our digital sampling campaigns) to, on, with or within any other application, Web site (e.g., freebie Web sites), Web page, platform or third party without our express written consent. You will promptly remove any links that the Company finds, in its sole discretion, to be objectionable. You agree not to use any Company logos, graphics, or trademarks as part of the link without our express written consent.

7. Monitoring and Enforcement; Termination
We have the right to: (i) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; and (ii) terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ALL OTHER MEMBERS OF THE ARCADE BEAUTY GROUP, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

8. Merchandise Availability; Orders
Availability of merchandise may vary on the Platform. Some featured items may be available only in limited quantities or only while supplies last. Display of an item on the Platform is not a guarantee that the item is currently available or in stock or that it will be available on our Platform when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to our Platform or if you have any questions concerning the availability of a particular item, please contact our Customer Services group as specified in the “How to Contact Us” section below. You are only allowed to order one sample per household. We will use commercially reasonable efforts to fulfill your requests whenever possible. Acknowledged orders may not be cancelled unless agreed to by one of our authorized representatives. As such, the information on this Platform does not constitute a binding offer to provide products or samples described on the Platform or to make such products and samples available in your area. We reserve the right at any time after receipt of an order to accept or decline the order, or any portion thereof, in our sole discretion and without liability, even after your receipt of an order confirmation. You may not order any item from this Platform for resale by you or any other person. Any outside sources (e.g., coupon sites) that post our sample offer are doing so without our permission and those orders will not be fulfilled. Notwithstanding anything else to the contrary, subject to applicable law, we reserve the right to refuse service, including fulfillment of any order(s), to anyone, without notice, reason or liability of any kind, in our sole and absolute discretion.

9. Your Content
You agree that you will only upload, transmit, or otherwise make available (“Share”) on or through the Platform, content that you have the right and authority to Share and for which you have the right and authority to grant to us all of the licenses and rights set forth herein. By Sharing content, you grant us an unrestricted, worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use and reproduce the content to fulfill your order and for our promotional purposes in any form, medium, or technology now known or later developed. You warrant that: (i) you have the right and authority to grant this license; and (ii) our exercise of the license and/or rights granted pursuant to this license will not infringe or otherwise violate any third party rights.

We do not want to receive confidential or sensitive information from you through or in connection with the Platform. Notwithstanding anything that you may note or state in connection with Sharing content, it shall not be considered confidential or sensitive information and shall be received and treated by us on a non-confidential and unrestricted basis and we shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in these Terms of Use.

10. Children Under the Age of 16
Our Platform is not directed to children under the age of sixteen (16) and we do not knowingly collect personal information from children under the age of sixteen (16) on the Platform. If we become aware that we have inadvertently received personal information from a visitor under the age of sixteen (16) on our Platform, we will take steps to delete the information as soon as possible; provided that such access is not unreasonably burdensome or expensive under the circumstances. We recommend that prospective users between the ages of 16 and 17 ask their parents or other legal guardians for permission before sending any information about themselves to anyone over the Internet. In addition, we reserve the right to limit participation in particular programs or promotions to visitors eighteen (18) years of age, twenty one (21) years of age, or older. If you believe we might have any information from or about a child under the age of 16, please contact us as specified in the “How to Contact Us” section below.

11. Terms of Delivery
All items ordered from the Platform are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Our delivery and performance dates are estimates only. We will use commercially reasonable efforts to deliver in accordance with the delivery or performance dates, but may change those dates as we deem necessary. We will not be liable for failure to deliver or perform by the estimated dates. Failure to deliver or perform by the estimated dates does not give you the right to cancel an order or any part thereof nor to claim any damages. We reserve the right to make partial deliveries.

12. Reliance on Information Posted
The information presented on or through the Platform, including, but not limited to product and sample descriptions, is made available solely for general information purposes and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We and all other members of the Arcade Beauty Group disclaim all liability and responsibility arising from any reliance placed on such information and materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

Without limiting any of the foregoing, the products and samples promoted on the Platform, including cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. The results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the Platform.

We endeavor to display products and/or other images on this Platform as accurately as possible. However, because we are unable to control the capabilities and limitations of your monitor and/or other viewing source, we do not guarantee that your display of any color, texture or detail of anything on the Platform will be accurate. Colors are not guaranteed, and due to color variability in computer and screen monitors, we have no liability if colors of products and/or merchandise do not look as they do on this Platform.

This Platform may include content provided by third parties, including materials provided by product manufacturers, other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

13. Changes to the Platform; Monitoring
We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. We also have no obligation to monitor the Platform or screen content that is Shared on or through the Platform. However, you consent that we reserve the right to review the Platform and content and to monitor all use of and activity on, to and from the Platform, and to add, revise, update, remove or choose not to make available on or through the Platform any Shared content in our sole discretion. We may remove Shared content that is confidential, sensitive or proprietary to a third party without that third party’s permission.

14. Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. Disclaimer of Warranties
YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PLATFORM OR ANY FEATURE OR PART THEREOF AT ANY TIME. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE PLATFORM ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE PLATFORM WILL BE SECURE; THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION AND CONTENT ON THE PLATFORM WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS PLATFORM, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY OF ANY KIND. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION, CONTENT AND MATERIALS ON THIS PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

16. Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PLATFORM MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK AND THAT THE PLATFORM IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES (DEFINED BELOW) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE PLATFORM, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS PLATFORM OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE PLATFORM, OR FOR ANY INFORMATION, PRODUCTS, SAMPLES OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE PLATFORM, OUR REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER AND LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY PERSONAL INJURY (INCLUDING DEATH), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE PLATFORM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE PLATFORM. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

17. Indemnification
You agree to promptly defend, indemnify and hold us and all other members of Arcade Beauty Group and our and their respective directors, officers, employees, agents, licensors, service providers, clients, subcontractors, suppliers and representatives (individually and collectively, the “Indemnified Parties”) harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys’ and professionals’ fees and court costs as incurred, (collectively, starting with the word “losses” “Claim”) in any way arising from, related to or in connection with: (i) your use of the Platform, (ii) your violation of these Terms of Use, (iii) the content that you Share, or (iv) your violation or infringement of any third party rights, including intellectual property rights. You shall not, without the prior written consent of the Indemnified Parties, settle or compromise any Claim, or permit a default or consent to the entry of any judgment in respect thereof, unless such settlement, compromise, or consent includes, as an unconditional term thereof, the giving by the claimant to the Indemnified Parties an unconditional release from all liability in respect of such Claim. The Indemnified Parties reserve the right, at its/their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to fully cooperate with the Indemnified Parties in the defense of such matter.

18. Governing Law and Jurisdiction; class action and jury trial waiver
The laws of the State of New York govern these Terms of Use and your use of the Platform. We recognize that it is possible for you to obtain access to this Platform from any jurisdiction in the world, but we have no practical ability to prevent such access. This Platform has been designed to comply with the laws of the State of New York and of the United States. If any material on this Platform, or your use of the Platform, is contrary to the laws of the place where you are when you access it, the Platform is not intended for you, and we ask you not to use the Platform. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York City and County of New York County although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. To the fullest extent permitted by law, the controlling language, at all times, for these Terms of Use is English, U.S.A. We each agree that: (I) any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action; and (ii) we each waive any right to a jury trial.

19. Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding individual arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

20. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21. Force Majeure
We will not be liable for any cause beyond its control, including but not limited to acts of God, acts of civil or military authority, fires, epidemics, floods, riots, wars, terrorism, sabotage, labor disputes, yield problems, or inability to obtain materials, components, energy, manufacturing services or facilities, or transportation on commercially reasonable terms. In the event of any such delay, the estimated date of delivery or performance hereunder will be extended by a reasonable period of time.

22. Entire Agreement
The Terms of Use constitute the sole and entire agreement between you and Arcade Digital Sampling Services, Inc. with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

23. How To Contact Us
This Platform is operated by Arcade Digital Sampling Services, Inc. All feedback, comments, requests for technical support and other communications relating to the Platform please contact us at: [email protected]

24. Acknowledgement
You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Platform and/or receipt of product, content and/or services available at, via or through the Platform.

Contact Us

1740 Broadway #14A
New York, NY 10019

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*not for receiving free consumer samples