Terms of Service

Last updated: November 15, 2025

Welcome to Indie Cade. These Terms of Service govern your access to and use of our website, services, and platform. By accessing or using our services, you agree to be bound by these terms. Please read them carefully before proceeding.

If you do not agree with any part of these terms, you should not use our website or services. We reserve the right to modify these terms at any time, and your continued use of our services constitutes acceptance of any changes.

Acceptance of Terms

By accessing or using Indie Cade's website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy and Cookie Policy. These terms create a legally binding agreement between you and Indie Cade.

If you are accessing or using our services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms, and your acceptance of these terms will be deemed an acceptance by that entity.

Description of Services

Indie Cade provides publishing services, funding programs, and marketing support for independent arcade game developers. Our services are designed to help creative professionals bring their game projects to market through established distribution channels and industry networks.

Website Services

Our website provides information about our publishing services, allows you to contact us for inquiries, and offers resources for game developers interested in potential partnerships.

Publishing Services

We offer various publishing programs that may include distribution support, marketing assistance, funding opportunities, and industry connections for qualified game development projects.

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We are not liable for any modification, suspension, or discontinuance of services.

Acceptable Use Policy

When using our website and services, you agree to use them only for lawful purposes and in accordance with these terms. You agree not to:

Use our services for any illegal, fraudulent, or unauthorized purpose

Violate any applicable laws, regulations, or third-party rights

Transmit any harmful code, viruses, or malicious software

Attempt to gain unauthorized access to our systems, networks, or data

Interfere with or disrupt our services or servers

Collect or harvest information about other users without their consent

Impersonate any person or entity, or falsely represent your affiliation

Use our services to distribute spam, unsolicited messages, or promotional materials

Account Terms and Responsibilities

Account Security

If you create an account with us for accessing certain services, you are responsible for maintaining the security of your account credentials. You must notify us immediately of any unauthorized access or security breach.

Keep your login credentials confidential and secure
Do not share your account access with unauthorized individuals
You are responsible for all activities conducted through your account

Account Suspension and Termination

We reserve the right to suspend, restrict, or terminate your account and access to our services at any time, with or without notice, if we believe you have violated these terms or engaged in conduct that we deem inappropriate or harmful. You may also terminate your account at any time by contacting us.

Multiple Accounts

You may not create multiple accounts for the purpose of circumventing restrictions, evading enforcement actions, or engaging in deceptive practices. We reserve the right to merge or close duplicate accounts.

Service Availability and Modifications

Uptime and Maintenance

While we strive to maintain continuous availability of our services, we do not guarantee uninterrupted access. Our services may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We will make reasonable efforts to minimize disruptions and provide notice when possible.

Feature Availability

Not all features and services may be available to all users or in all geographic locations. We reserve the right to limit feature availability based on various factors including technical capabilities, business decisions, and legal requirements.

Service Updates and Changes

We continuously work to improve our services and may add, modify, or remove features at our discretion. We will make reasonable efforts to notify users of significant changes that may impact their use of our services.

Geographic Restrictions

Our services may not be available in all countries or jurisdictions. We reserve the right to restrict access to our services from certain geographic locations due to legal, regulatory, or business considerations.

Intellectual Property Rights

Our Content and Trademarks

All content on our website, including text, graphics, logos, images, software, and designs, is the property of Indie Cade or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our content without express written permission.

The Indie Cade name, logo, and related marks are trademarks of Indie Cade. You may not use these marks without our prior written consent.

User-Generated Content

When you submit content to us, such as inquiries, project information, or feedback, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display that content for the purposes of providing our services and improving our offerings.

You represent and warrant that you own or have the necessary rights to any content you submit, and that such content does not infringe on the intellectual property rights of any third party.

Copyright Notices and DMCA

We respect intellectual property rights and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes infringement, please contact us with detailed information about the alleged infringement.

Payment Terms and Pricing

If you engage our publishing services or other paid offerings, the following payment terms apply:

Service Fees and Pricing

Pricing for our services is clearly stated on our website or in service agreements. All fees are quoted in United States Dollars (USD) unless otherwise specified. We reserve the right to modify our pricing at any time, but changes will not affect services already contracted under existing agreements.

Payment Processing

Payment terms will be specified in individual service agreements. We may use third-party payment processors to handle transactions. By providing payment information, you authorize us to charge the agreed-upon amounts through these processors.

Refund Policy

Refund eligibility depends on the specific service and circumstances. Generally, fees paid for services already rendered are non-refundable. Any refund requests will be evaluated on a case-by-case basis according to the terms of your service agreement.

Late Payments

If payment is not received by the due date specified in your service agreement, we reserve the right to suspend services until payment is made. Late payment fees may apply as outlined in your agreement.

Limitation of Liability

To the fullest extent permitted by law, Indie Cade and its officers, directors, employees, and agents shall not be liable for:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Damages arising from your use or inability to use our services
Damages resulting from unauthorized access to or alteration of your data
Damages caused by errors, omissions, or inaccuracies in our content

In no event shall our total liability to you for all damages exceed the amount you paid to us in the twelve months preceding the claim, or one hundred dollars ($100), whichever is greater.

Indemnification

You agree to indemnify, defend, and hold harmless Indie Cade and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to:

Your use or misuse of our services
Your violation of these Terms of Service
Your infringement of any third-party rights, including intellectual property rights
Your violation of any laws or regulations
Any content or information you submit through our services

Dispute Resolution and Governing Law

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these terms shall be brought exclusively in the federal or state courts located in Brooklyn, New York. You consent to the personal jurisdiction of these courts and waive any objection to venue.

Informal Resolution

Before pursuing formal legal action, we encourage you to contact us to seek an informal resolution. Many disputes can be resolved quickly and amicably through direct communication.

General Provisions

Entire Agreement

These Terms of Service, together with our Privacy Policy and any additional service-specific terms, constitute the entire agreement between you and Indie Cade regarding your use of our services.

Severability

If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Indie Cade.

Assignment

You may not assign or transfer these terms or your rights and obligations under these terms without our prior written consent. We may assign these terms without restriction.

Survival

Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Changes to These Terms

We reserve the right to modify these Terms of Service at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and may provide additional notice through our website or direct communication.

Your continued use of our services after any modifications indicates your acceptance of the updated terms. If you do not agree with the changes, you should discontinue using our services.

We recommend reviewing these terms periodically to stay informed of any updates that may affect your rights and obligations.