Terms & Conditions - Disclaimer
General
The following are the terms of use that govern consumers' use of the Website (the “Site”). Retailers are subject to different terms of use. You represent that you are: (i) at least 18 years of age; and (ii) of legal age to enter into a binding contract as determined by the laws of the State in which you reside. Your use of the Site constitutes your agreement to these terms. Retro Arcade Factory reserves the right to revise these terms and conditions. We will post any changes here as they are made. Because your use of the Site following any changes constitutes your agreement to be bound by any changes, you may wish to check this section periodically. Site content Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Retro Arcade Factory. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned or licensed by Retro Arcade Factory. All other Retro Arcade Factory trademarks appearing on this Site are trademarks of Retro Arcade Factory or its licensors. The Contents of the Site, and the Site as a whole, are solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site only for your personal use. No right, title or interest in any downloaded materials or software is given to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Product descriptions
V strives to provide accurate descriptions of Products displayed on the Site. Retro Arcade Factory does not, however, warrant that the descriptions are accurate, complete, reliable, current or error-free. If a product offered on the Site is not as described, your sole remedy is to return the item for a refund of the purchase price plus tax and related delivery costs.

Colours
We have made every effort to display the colors of our products that appear on the Site as accurately as possible. Because the actual colors you see will depend on your computer and monitor, we cannot guarantee that your computer and monitor’s display of any color will be accurate.

Product protection
No rights in any design aspect of, or incorporated in, any Products shall pass to you except as an integral part of the Products themselves. You agree that you will not copy or reproduce, or cause to be copied or reproduced, directly or indirectly, any Products (including fabrics and materials used in connection with the Products); construction or fabrication of the Products; packaging for the Products; or print designs incorporated in the Products. The restrictions set forth in this provision shall apply whether or not such Products, packaging and/or print designs are protected or protectable under copyright, patent or trademark law. In the case of Products, or portions thereof, that are not protected by law (e.g., copyright, patent or trademark), such restrictions shall apply until three years following your last use of the Site. This Product Protection provision shall survive termination of this Agreement.

Disclaimer
Although Kodi is supplied with fully legal and official add-ons. As we ship worldwide and laws can vary from country to country, we encourage customers to check their laws & regulations in regards to emulation and streaming, when using such features on one of our devices, and we cannot be responsible for any unlawful misuse of the device once it reaches the customer.

Although where possible we use the latest "verified working" version of titles we are unable to test them all, so from time to time you may come accross a title which won't load, although this will be less than 1% overall and we guarantee we have more working titles than anyone else.

< Our gaming consoles come with preloaded emulators, but no games or software are included. The initial setup of the device may take longer as the emulator software on the SD Card decrypts and installs, causing the system to restart several times during this process. We do not charge for any software; our prices are based solely on hardware and building labor.

As a user, you are responsible for adhering to copyright and licensing laws pertaining to the use of emulator software and game ROMs. Our gaming consoles are intended for use with legally obtained software or "backup" copies of games you already own, especially those that are no longer in production, available for purchase, or from developers and/or publishers that cease to trade and/or exist. We do not condone or support the distribution or use of pirated software.

By using our gaming consoles, you agree to comply with all applicable copyright and licensing laws and acknowledge that you are solely responsible for any legal repercussions arising from the use of emulator software and game ROMs.

IN NO EVENT SHALL RETRO ARCADE FACTORY OR ANY OF ITS AFFILIATED ENTITIES, SUPPLIERS OR RETAILERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF RETRO ARCADE FACTORY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. 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, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Inaccuracy Disclaimer
From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Third-party trademarks
Third-party trademarks, trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners. Notices for reporting and making claims of copyright infringement and other concerns Retro Arcade Factory will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Please send any concerns regarding our products or services to info@retroarcadefactory.com

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Comments and submissions
Your offering or submitting to Retro Arcade Factory comments, feedback, suggestions, ideas, and other material (collectively, “Comments”), shall constitute your assignment to RETRO ARCADE FACTORY of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Retro Arcade Factory is under no obligation to: (1) maintain any Comments in confidence; (2) pay you any compensation for any Comments; or (3) respond to any Comments. You agree that Comments offered or submitted by you will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that Comments offered or submitted by you will not be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Termination
This Agreement is effective unless and until terminated by either you or Retro Arcade Factory. You may terminate this Agreement at any time after which time you agree that you shall not access the Site. Retro Arcade Factory may terminate this Agreement at any time, may do so immediately, without notice, and may deny you access to the Site.

Entire agreement
These Terms constitute the entire agreement of between you and Retro Arcade Factory regarding the specific matters herein. All prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms. Severability If any provision of these Terms are declared to be unenforceable by a court of competent jurisdiction, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such unenforceable provision(s) shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws. Last Updated: June 2024

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.