Terms & Conditions

At Arcade Ads NJ, we understand the importance of clear and comprehensive Terms & Conditions (“T&C”) to govern the legal relationship between our company and our clients. 

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For our locations, the following terms and conditions apply:

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1. Equipment. Owner owns a modified Arcade1up gaming machine (“AGM”) and owns or has the right to utilize all software needed for the operation of the AGM. Location agrees that owner may install, operate, and maintain it’s AGM at Location’s premises in an indoor location or locations as mutually agreed. The AGM shall be located to provide an unrestricted view of the AGM from the front entrance of the Premises. Location shall provide such space for the AGM as is necessary to enable customers to have unobstructed access to the AGM and for maintenance and servicing of the AGM.
2. Availability. Location agrees that the AGM shall at all times remain available for use by Location’s customers during Location’s normal business hours for the term of this Agreement. Owner reserves the right to schedule reasonable downtime to accomplish necessary maintenance or system improvements, not to exceed five percent (5%) of available time each calendar month.
3. Installation/Training. Owner agrees to ship and install the AGM, train Location’s staff as necessary, and deliver initial supplies to Location. The AGM shall be and remain the sole property of Owner. Owner shall have the right to install appropriate signage at the Premises and online to advertise the availability of the AGM.
4. Maintenance/Repair. Owner will arrange for necessary servicing and repair of the AGM. In the event of any AGM failure, damage, or other problem requiring repair, replacement, adjustment or maintenance, Location shall notify Owner within twenty-four (24) hours of first becoming aware of such failure or problem, Location will not permit anyone, other than an authorized representative or designee of owner, to perform any service or repair work on the AGM without Owner’s prior written approval. Owner or its representatives shall at any reasonable time and at all times during business hours have the right to enter into and upon the premises for the purpose of inspecting, repairing, maintaining, or upgrading the AGM and observing its use.
5. Wi-fi & Electrical Requirements. Location shall provide and maintain an internet connection for the AGM. Location shall provide one (1) dedicated operating electrical power outlet. The electrical power outlet shall be within three (3) feet of the AGM site. Unless otherwise agreed in writing Location shall pay for monthly charges incurred for such electrical and internet connection.
6. Exclusivity. Location shall not permit the removal of the AGM from the premises, nor allow the placement of any other arcades or video gaming systems on the premises (whether inside or out) during the term of this Agreement, except as may be specifically approved by Owner in writing.
7. Insurance Requirements. Location agrees to protect the AGM from damage, loss, theft, or destruction. Unless otherwise agreed in writing, Location shall provide and maintain property insurance against loss, theft, damage, or destruction of the AGM in an amount not less than the full replacement value of the AGM ($1000.00). Location waives any rights of recovery against Owner arising from such loss, theft, damage, or destruction. The insurance policy shall be endorsed to name of Owner as an additional loss payee and shall provide for notification to Owner of cancellation. Location shall provide Owner with evidence of such insurance prior to installation of the AGM. Location is solely responsible for providing security against theft at the premises and owner shall have no liability to Location in the event of theft or damage. Reasonable wear and tear is expected from customer use of the equipment and is not considered damage of the AGM.
8. Equipment Relocation. In the event Location transfers or moves its business from the premises, or if Location sells its business, Location shall notify Owner not less than thirty (30) days prior to any such event. This Agreement shall be deemed amended to apply to Locations new business location for the remaining term of this Agreement. The AGM shall be placed in a mutually agreed upon indoor location.
9. Term. This agreement shall be for a term of one (1) year from the date of installation unless amended or terminated by written agreement signed by both Owner and Location or terminated as set forth below.Upon the expiration of the initial term, this Agreement will automatically renew for subsequent additional terms of one (1) year each on the same terms and conditions as provided herein unless canceled by written notice at least ninety (90) days prior to expiration of the term.
10. Termination: Notice. Either party may terminate this Agreement, effective thirty (30) days after giving written notice of intent to terminate, upon the occurrence of a material breach provided that such breach continues for thirty (30) days after notice of such breach. In addition, Owner may terminate this agreement upon giving thirty (30) days prior written notice to Location due to lack of advertising demand or immediately in the event of damage, destruction, vandalism, or misuse. All notices hereunder shall be in writing and shall be deemed given upon personal delivery or upon deposit in the United States mail, first class postage fully prepaid, return receipt requested, addressed to Owner and Location at their respective addresses as listed below. Any party may change its address for notice in accordance with the terms of this paragraph.
11. Attorney Fees. If suit or action is instituted to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to costs, such sums as the court may adjudge reasonable for legal fees at trial and in any appellate or bankruptcy proceeding. Location agrees to pay all costs of collection for sums due to Owner under this Agreement, including attorney fees, whether or not suit or action is commenced.
12. Disclaimer. LOCATION UNDERSTANDS AND AGREES THAT OWNER MAKES NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF THE AGM. OWNER SHALL IN NO EVENT BE RESPONSIBLE FOR ANY LOST PROFITS OR INCIDENTAL, CONSEQUENTIAL SPECIAL OR INDIRECT DAMAGES THAT LOCATION MAY INCUR. OWNERS’S SOLE LIABILITY TO LOCATION HEREUNDER, EXCEPT AS OTHERWISE PROVIDED, SHALL BE TO REMEDY ANY BREACH OF THIS AGREEMENT IN A TIMELY MANNER. Neither party will be liable for failure to perform its obligations under this Agreement if such failure is due to acts or events beyond such party’s reasonable control.
13. Not Assignable. Location shall not assign or dispose of any of its rights or obligations under this agreement without prior written consent of Owner. This Agreement is binding on the successors and permitted assigns of the parties.
14. Waiver. A waiver by either party of a breach of any provision of this Agreement shall not constitute a waiver of that party’s rights to otherwise demand strict compliance with this Agreement and any and all provisions hereof.
15. Entire Agreement. This Agreement, constitutes the entire agreement of the parties with respect to the subject matter hereof. There are no other promises, representations, terms or obligations other than those contained herein. This agreement supersedes all prior communications, representations or agreements, oral or written, between the parties and shall not be modified except in writing signed by both parties.
16. Controlling Law. This Agreement shall be construed, interpreted, and enforced in accordance with the laws of the state of New Jersey. The jurisdiction and venue for any legal proceeding to interpret or enforce this Agreement shall be in the county where Owner (Ocean County) maintains its principal place of business or residence.