Terms and Conditions

Date of last changes: 21/04/2020

Welcome to our Site!

Please read these Terms and Conditions (“Terms”, “these Terms”) carefully before using arcadewaves.com website, including all of its pages (“Site”). The Site is operated by Bonmedia Limited (“we”, or “Company”), so are a legal agreement between you (referred to herein as “you” or “your”), on the one side, and Bonmedia Limited, with its registered address Stasinou, 2, Flat/Office 203, 2014, Nicosia, Cyprus on the other side.

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms become binding on you from the point at which you start using the Site as a registered user, either with or without subscription, and will remain in full force and effect unless and until they are terminated or until you use the Site.

  1. How you can access to your account with us?

Access to certain features of our Site may require registering an account with us. Please, provide accurate, complete, and updated registration information for the account you intend to use.

Your password (and any other piece of security identification information for your account on this Site) is confidential, non-transferable and is for your personal use only. Any transfer or misuse of your password is strictly prohibited. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred as the result of the unauthorized use of your password by any third party.

Please note that your use of the Site may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to configure or improve the Site, or due to legal proceedings or regulatory authorities, including to protect the interests of any third party.

You acknowledge and agree that due to the nature of Internet the security, availability and integrity of Internet data transmissions cannot be guaranteed. We do not accept any liability or responsibility for any loss or failure, lost data, or any other harm caused by any delays in access to the Site, the rendering of content or interruptions or technical failures of any kind, including without limitation those related to issues involving viruses, worms, bugs, tampering, unauthorized intervention, technical difficulties, hardware or software failures or delays, delays or failures resulting from the use of the Site or of any transmission of data within it.

  1. How can you use our Site?

Our Site and its content is intended for your personal non-commercial use only. Some user activities are restricted on our Site. Please refer to the information as described below:

(i) Illegal activities

You may connect and use the Site in legal way only. You are answerable for any sending you get, post, access, or store via the Site. Company strictly forbids the use of the Site for the sending, distribution, retrieval, or storage of any information, data, or other content in violation of any governing law or regulation (including, where applicable, any tariff or treaty). This prohibition covers but is not limited to, the use or sending of any information that is protected by copyright, trademark, trade secret, patent or other intellectual property right without appropriate permission and the transmission of any content that form an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful.

(ii) Unauthorized access/Interference

You shall not try to get unwarranted access to, or try to intrude with or compromise the normal functioning, operation, or security of any section of the Site. You may not use the Site to join in any activities that may violate right of others to access or use the Site or the Web. You shall not use the Site oversee any data, information, or communications on any network or system. You are strongly prohibited from attempting to get access to the user profiles of other users, or violating system or network security, each of which may result in criminal and civil liability. Company will investigate incidents involving such violations and may involve and will cooperate with law authorities in a case of criminal violation. We also may, but are not obliged to, monitor equipment, systems and network equipment at any time for security and management purposes.

(iii) Spoofing/Fraud

Customers and Users are prohibited from willfully or carelessly providing false data into the Internet via the Site, for instance in the form of bad routing information (including, but not limited to, the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or wrong DNS data.

You shall not try to send e-mail messages or transmit any electronic communications using a personal data of someone other than the your for purposes of fraud via the Site. Any attempt to imitate someone else by changing a source IP address data or by using falsified headers or other identifying information is forbidden. Any attempt to fraudulently mask, falsify, or otherwise falsify a user’s identity in connection with use of the Site is also prohibited.

We reserve the right to immediately suspend or terminate your access to the Site or to remove your account information, data from our services and any other records in case of your breach of these Terms, without notice. In case your account is terminated, you agree that all fees paid to us are final and all outstanding or pending payments will immediately be due.

  1. What is the Subscription?

We offer our users subscription packages for further access to features and areas within the Site (“Subscription”).

You may find detailed information regarding different packages and pricing plans in the relevant part of the Site (registration form, payment page, My Account section).

In general, we offer trial 3 days period option (£1) and monthly renewal packages (£59.99). You will be asked to input your billing information to sign up for the test period. We will charge you a discounted subscription cost according to the conditions of any test period. However, upon the expiration of any such test period or discounted subscription cost, you agree to the terms and conditions of the appropriate Subscription plan and agree to pay subscription fees accordingly.

Unless you notify us before the renewal date of the Subscription that you wish to cancel, your Subscription will automatically renew. You may cancel your trial or monthly Subscription renewal either through your online account management page, submitting a Cancelation of Subscription form or by contacting our customer support team [email protected].

The Company may change the conditions of these test periods and Subscription plans at any time at its sole discretion, provided however that the test period or Subscription period already started at that moment shall stay till the end of such period.

  1. How are payments arranged?

At the beginning of each Subscription plan we will charge the subscription fees to your credit card or debit card on file as provided in your account. We process the transactions with the help of online payment processing system that is given by a third-party vendor(s) and accessible through the payment page of the Site.

The payments are made on the renewal basis, which means that your card will be charged periodically so that your Subscription could be automatically renewed at the end of the billing period of your Subscription Plan. This feature is active by default unless it’s cancelled by you.

The prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. Company assumes no responsibility for the payment of bank or any other third party service fees or charges.

Keep in mind, that if transaction is unsuccessful, we may try to charge your card which is on file with your account, again, but for not more than 5 times. Accounts that remain past due may be suspended and discontinued at our sole discretion.

  1. What about refunds?

We do not provide any refunds for any partial-month subscription periods or unused services. If you cancel your Subscription or trial membership, you will have access to the services till the end of the paid period. No payments will be charged by us in the following months.

Company may consider certain refund requests for Subscriptions connected with technical problems or fault on the individual basis at the discretion of the Company. We will only refund the most recent payment within the Subscription plan. In such case your subscription or trial membership will be instantly cancelled. The refunds are made to the original form of payment used for purchase.

As a current or prior client of the Company, you agree to allow the Company to attempt settlement of any billing dispute for thirty (30) days before disputing with any third party, credit card company or bank. Company simply requires that it be the first option in billing disputes. If you want to dispute any payment, please contact us at [email protected].

  1. Your Content on our Site

“Your Content” shall mean any audio, video text, images or other material you choose to display on this Site or share with us. By displaying Your Content, you grant us a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Company reserves the right to remove any of Your Content from this Site at any time without notice.

Please contact us at [email protected] if you think that any content on our Site breaches these Terms.

  1. Intellectual property rights

Other than the content you own, under these Terms, Company and/or its licensors own all the intellectual property rights and materials contained in this Site (“Content”).

You are granted limited license only for purposes of viewing the materials contained on this Site.

You agree:

  • To use the Content only for your personal, non-commercial purposes;
  • To use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the Content;
  • Not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in the applicable Terms and to advise Company promptly of any such unauthorized use;
  • Not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or its identifying information;
  • Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;
  • Not to give out your password or otherwise allow other people to access the Content. The restrictions on copying that apply to applicable media also apply to the Content accessed as part of the Service.

By submitting any ideas, feedback and/or proposals (“Feedback”) to Company through the Site or other means, you acknowledge and agree that: (1) Company may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) Company is not under any obligation of confidentiality with respect to the Feedback; (4) Company may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from Company.

The name “Bonmedia Limited” or any derivatives thereof, and any other names and logos and all related product and service names, design marks and slogans, trademarks (whether registered or not) which are owned or controlled by the Company and made available to you through the Site or otherwise are also protected by intellectual property laws. You are granted no right or license with respect to any of the aforesaid trademarks.

  1. Availability and Technical Requirements

The availability of Content and the Service may vary and is subject to Company’s sole discretion. Company expressly disclaims any representation or warranty that any particular Content or Service will be available. The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.

Company may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times.

Company may disable any Content contained in your account for any reason and remove any Content on the Site.

  1. Confidentiality and Security

The Company respects your privacy information, so we do not sell the privacy data of our users to third parties, except if the Company is sold, merged, bought by the third party, to whom your data is transferred. In these occasions, we will notify you of any change in ownership. For other details of our attitude towards privacy of our users, please refer to our Privacy Policy.

We are committed to protecting our customers and their cardholder data. Therefore, we pay attention to the security of payments you may make on the Site. We cooperate with trusted credit card processing providers to ensure that transactions are safe. All the payment transactions are processed in accordance with the PCI DSS. When you make a payment on our Site, you may be subject to terms and conditions and privacy policy of the payment service provider. We disclaim any and all liability that could arise from the actions of such providers.

  1. Disclaimer and Limitation of liability

We make no representations or warranties of any kind or nature with respect to the information or Content posted on this Site.

This Site, the Content and the products and services provided on or available through this Site are provided on an “as is” and “as available” basis, with all faults. In no event shall the Company, or its subsidiaries, affiliates, vendors, or their respective directors, employees or agents be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, this Site, the Content, any materials, products or services provided on or through this Site or any linked site, including any special, direct, indirect, punitive, incidental, exemplary or consequential damages, including, but not limited to, personal injury, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in this Site or the Content, whether or not there is negligence by the Company and whether or not the Company has been advised of the possibility of any such damages.

We shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any suspensions or terminations of the Site or Services (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content).

  1. Indemnification

You agree to defend and indemnify Company from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.

  1. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply stop using the Service, to cancel your Subscription please refer to sections above.

  1. Amendments

We may supplement, amend or otherwise modify these Terms at any time. Such modifications will be posted on this or a similar page of the Site, or sent to you by e-mail, as applicable. Your continuing visit, access, registration or use of the Site reaffirms your acceptance and agreement in each instance.

  1. Validity

The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. In the event one or more provisions of these Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole.

  1. Assignment

You may not assign, transfer or sub-contract any of your rights under the Terms. Company may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with Company. Additionally, Company may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.

  1. Entire agreement

The Terms, including any legal notices and disclaimers contained on this Site, are the entire agreement between you and us relating to your use of and our provision of the access to the Site and Services and supersede any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter.

  1. Governing law

These Terms shall be governed and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of law provisions and the parties shall submit to the exclusive jurisdiction of the courts of the Republic of Cyprus.

  1. No waiver

Our inability to enforce any right or provision of these Terms will not be considered a waiver of those rights.

  1. Links to Third Party Sites and Content

Company may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of these sites or services before using these sites or services.

Company has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that Company endorses the site or the products or services referenced in the site.

  1. Contacts

Should you have any questions, complaints, or claims with respect to the Services and these Terms, please contact us at:

E-mail: [email protected]

By post: Stasinou, 2, Flat/Office 203, 2014, Nicosia, Cyprus