Artcade Terms of Service
✅ AUTHORITATIVE: WLG-edited Terms of Service dated 5/21/26 — the version attached as Exhibit B to the Pay.com Legal Opinion. WLG's tracked changes were ACCEPTED and Word comments REMOVED to produce clean publishable text; have WLG (or you) confirm the accepted version before publish. Body is verbatim; fills only: Artcade, entity → The Creator Good, Inc., Littleton address + inquiries@thecreatorgood.org in the Apple-notices block. TO DO: set ⚑ TO FILL: Effective Date; make
[...](#)clickable (per Larry's 6/3 note that website docs get published in-app with working links). This SUPERSEDES the 5/30/25 ToS from the prior batch.
Last Updated: ⚑ TO FILL: Effective Date
The Creator Good, Inc. (“we, us, our, ours, etc.”) is the owner and operator of the Artcade mobile application, and any affiliated websites, and all services provided thereon (“App”.) We are the owner or licensee of all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, content, information, or materials on the App (“Materials”), including the content shared on the App by you (“Content”) and our other users.
These Terms of Service constitute a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to your access to and use of the App. By accessing or using the App, you accept and agree to our website policies, including these Terms of Service, and you certify to us that (i) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction; (ii) you have the legal capacity to enter into and agree to these Terms of Service; (iii) you are using the App freely, voluntarily, willingly, and for your own personal enjoyment; and (iv) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.
We reserve the right to revise these Terms of Service at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms of Service, we will change the “Last Updated” date at the top of these Terms of Service. You agree to re-visit this page on a frequent basis, and to use the “Refresh” or “Clear Cache” function on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Service, then you may presume that nothing in these Terms of Service has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms of Service in their entirety. You must agree to any updated Terms of Service or immediately cease use of the App. If you fail to review these Terms of Service as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.
Accounts
Registration
All users may register for a single account on the App, provided you meet the requirements set forth herein and otherwise abide by these Terms of Service, and pass any age, identity, or identification verification procedures that we may implement from time to time.
Accuracy
If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may reject, suspend, or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user nor any Materials shared by our users.
No Account Sharing
You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss resulting from any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.
Termination by You
You may delete your account by clicking “Delete Account” in your account settings. You will not assign, transfer, sell, license, or share your membership to the App. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.
Termination by Us
We may suspend or terminate your account, membership, and any licenses herein, at any time, for any reason, in our sole discretion, including if you violate these Terms of Service or if your account becomes inactive for more than six months. If we terminate your account, you will be responsible for all charges to your account at the time of termination, and any remaining balance in the account will become non-refundable. We are not responsible for preserving terminated account information, and we may permanently delete your account and all information associated therewith, in our discretion.
Grant of Rights
Your Right to Use the App and to Access the Materials
You understand that all we are offering you is access to and use of the App, as we provide it from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access or use the App.
All users may access and use certain public areas of the App and public Materials, free of charge. We grant all users a limited, nonexclusive, revocable, and non-transferable license, for personal, private, non-commercial purposes, to access and use the features on the App which are provided free of charge. This free license does not include a license to access and use any paid features on the App.
If you purchase license(s) to access and use paid features on the App, we also grant you a limited, nonexclusive, revocable, and nontransferable license, for personal, private, non-commercial purposes, to access and use the paid features associated with the license(s) that you have purchased. These paid licenses do not include a license to access or use paid features that are not associated with the license(s) that you have purchased. The rights and limitations associated with, and the prices of, each paid license are displayed on the App at the time of purchase. You understand and agree that (i) all you are purchasing is a license to access and use the paid feature, (ii) we will remain the rightful owner of all copyrights in the Materials, and (iii) the Materials, and any portion thereof, including any portion related to the paid features, may be removed from the App, at any time, for any reason, by us, thereby terminating your license to access and use the paid features. We may change the fees and terms associated with your license to access and use the paid features. All previous offers and discounts for such licenses are unavailable once removed from the App.
Regardless of whether such features are paid or free, we reserve the right to limit the features that we make available to you, and your license to access and use the App, the features, and the Materials is not a transfer of title. You will not copy or redistribute any Materials, and you will prevent others from unauthorized access, use of, or copying of the Materials.
Our Right to Use Your Content
We may permit you to share your Content on the App. Except for personally identifiable information covered under our Privacy Policy, we will consider your Content non-confidential and nonproprietary. We will have no obligation regarding your Content, and we do not guarantee any confidentiality for your Content. You are solely responsible for your Content and the consequences of sharing your Content on the App.
You retain all ownership rights in your Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content for our business (and the business of our successors), including for promoting and redistributing any part of the App (and derivative works of it) in any media formats and through any media channels for the purposes set forth in these Terms of Service. This license includes the right to (i) copy, transfer, and display your Content on different pages of the App or to any of our affiliate, related, or partner sites, and (ii) to sublicense your Content to third parties for publication on third party platforms, for use as training materials in generative artificial intelligence software, or for any other purposes. We may freely use your Content for any purpose. You represent and warrant that you are the sole, legal, and beneficial owner of the entire right, title, and interest in and to your Content, and the copyrights purported to be granted by you hereunder are free and clear of any lien, security interest, option, charge, pledge, assignment, covenant, or other encumbrance.
You grant each user of the App a worldwide, nonexclusive, royalty-free license to access, use, view, display, and perform your Content through the App.
Acceptable Use Policy
Prohibited Uses
You agree that you will only use the App for purposes expressly permitted and contemplated by these Terms of Service. We encourage artistic creativity by our users, however certain Content and activity is prohibited for legal reasons and to protect the interests of us, our users, and the public, as determined in our sole and absolute discretion. Without our express prior written authorization, you will not:
use the App in any way that violates these Terms of Service, or any applicable law, regulation, or treaty of any applicable governmental body, nor any credit card association rules, including:
laws prohibiting illegal gambling;
laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property rights, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers in order to disguise the origin of your Content;
laws against obscene, lewd, defamatory, or libelous speech; and
laws protecting confidentiality, privacy rights, publicity rights, or data protection.
fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
link to the App on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.
share Content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, hateful, menacing, sexual, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise objectionable or inappropriate.
share any Content that encourages, threatens, or suggests another user commit suicide or engage in self-harm.
share Content with the intent to extort money, Credits, or other benefit from a third party in exchange for removal of your Content.
share any employment ads or Content which violates anti-discrimination laws.
share or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in these Terms of Service.
use slang, acronyms, abbreviations, emojis, GIFs, or other media to communicate any activity that violates these Terms of Service.
engage in antisocial, disruptive, or destructive behavior, including “doxing,” “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.
access the accounts of other users.
engage in any fraudulent activity, including impersonating any real or fictitious third party, falsely claiming affiliation with any third party, misrepresenting the source, identity, or contents of your Content.
circumvent, disable, damage, or otherwise interfere with the operations of the App, any user’s enjoyment of the App, or our security-related features or features that prevent, limit, restrict, or otherwise enforce limitations on the access to, use of, or copying of the App, by any means, including sharing, linking to, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
reverse engineer, decompile, disassemble, or otherwise discover the source code of the App or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
access or use any automated process (such as a robot, spider, scraper, or similar) to access or use the App in violation of our robot exclusion headers or to scrape all or a substantial part of the App (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).
use the Materials or any user-generated content for training large language models or otherwise using the Materials or any user-generated content for any purpose in relation to any artificial intelligence programs.
modify, adapt, translate, or create derivative works based on the App, except and only if applicable law expressly permits that activity despite this limitation.
commercially exploit or make available, mirror, or frame the App.
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
attempt to do any of the acts described in this section or assist or permit any person engaging in any of the acts described in this section.
Engaging in any Prohibited Use will be considered a breach of these Terms of Service and may result in immediate suspension or termination of the user’s account and access to the App or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or otherwise violate these Terms of Service or any international, foreign, or domestic laws, including civil, criminal, or injunctive relief, and termination of your account.
Reporting Materials and User Activities
If you are aware of any of the Materials or any user engaging in activities that violate these Terms of Service, please send an email to inquiries@thecreatorgood.org and provide as much detail as possible, including a description of the objectionable Materials or activities, the location where the Materials or activities may be found, the username of the individual who posted the Materials or who is engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable Materials or investigate the suspicious activities, and a statement certifying the accuracy of the information you provided to us.
Law Enforcement
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Service, in accordance with our privacy policies, law enforcement policies, and applicable law. If we receive a subpoena, discovery request, production order, search warrant, or court order in response to your activities which causes us to incur legal expenses, costs, or fees for compliance, you agree to reimburse us for any such legal expenses, costs, and fees upon our request.
Billing and Payments
Credits
We offer you the opportunity to purchase differing amounts of Credits for differing prices. The price of Credits is displayed on the App. If you provide valid and current payment information, you may purchase Credits at the currently displayed price, and you may exchange Credits for the opportunity to use certain paid features. The exchange rate and terms and conditions applicable to any exchange of money for Credits, or vice versa, are displayed on the App at the time of the exchange. Unused Credits may be deleted from inactive accounts.
Fees, Taxes, and other Charges
You agree to pay all fees and charges related to any purchases made on your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent.
You further agree to pay all taxes, duties, import fees, shipping fees, and any other charges associated with the purchase of any goods or services on the App, whether physical or digital. You acknowledge that the charge on your banking statement may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due immediately upon cancellation or termination of your account.
Account Balances
You understand and agree that (i) we do not provide any licensed or regulated financial services, (ii) we do not act as your broker, intermediary, agent, custodian, or advisor in any fiduciary capacity, (iii) your account is not a bank account, (iv) your account balance does not earn interest, (v) your account balance may not be returned or paid to you if we become insolvent, and (vi) your account balances and transactions are only reported to you through the App, and we are under no obligation to issue any other report regarding your account balance or transactions.
Cryptocurrency
We may permit you to use one or more cryptocurrencies, such as Bitcoin, for some or all your transactions. Any transaction in cryptocurrency is irreversible. Refunds of cryptocurrency transactions are in our sole discretion, and, if allowed, may take the form of cryptocurrency transfer, or corresponding cash value of the requested refund, at our option. Additional administrative fees may apply to cryptocurrency transactions. You acknowledge that the value of cryptocurrencies is highly volatile and that there is a substantial risk of loss associated with using cryptocurrencies. You assume the risk that the value of cryptocurrencies may be influenced by activity outside our control, including fluctuating public interest in cryptocurrencies, potential regulation of cryptocurrencies, and risks associated with hardware, software, or Internet connection issues, malicious software, unauthorized access, or other communication failures, disruptions, errors, distortions, and delays. We do not represent, warrant, or guarantee the accuracy or fairness of the value of any cryptocurrency. You are solely responsible for making your own independent appraisal and investigations into the value of any purchase on or withdrawal from the App.
Third-Party Payment Processing
We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process all payments associated with the App. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
Changes to Your Billing and Payment Information
You must promptly inform our third-party billing and payment agents of all changes, including changes in your address, debit or credit card, and other banking information used in connection with billing or payments through the App. You are responsible for any debit or credit card charge backs, dishonored checks, and any related fees that we incur with respect to your account, along with any additional fees or penalties imposed by our third-party billing or payment agents.
Chargebacks
If you make a purchase on the App that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback.
Changes to Our Billing and Payment Methods
We reserve the right to make changes at any time to our fees and billing and payment methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.
Refunds
You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.
Billing and Payment Errors
If you believe that you have been erroneously billed for activity associated with your account, please notify us of such error immediately. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These Terms of Service shall supplement and be in addition to any terms and conditions imposed by third party billing entities we engage to provide billing services. You are responsible for reviewing and complying with such entity’s terms and conditions in addition to those contained in these Terms of Service.
Fraudulent Use of Credit Cards
We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.
Anti-Money Laundering
We prohibit and seek to prevent money laundering and the funding of criminal activities, and we have implemented internal security policies to monitor for and prevent money laundering. We may require you to provide certain identification, documents, or other information that we deem necessary for us to perform our Know Your Customer (“KYC”) verification procedures. If you submit a photo identification and verification image or video, you agree that we, or our third-party verification service providers, are authorized to collect, store, or maintain certain biometric information including a scan of your facial geometry. If you have not passed our KYC procedures, or if we suspect that you are engaged in money laundering, we may (i) prohibit you from creating an account, (ii) prevent you from using certain features, (iii) refuse to process your transactions, (iv) request additional information from you, or (v) suspend or terminate your account. The most common reasons for such actions include (i) your failure to provide any requested KYC information in a timely manner, (ii) your provision of fraudulent or incomplete account or payment information, (iii) one or more of your transactions being flagged, and (iv) your inclusion on OFAC’s list of Specially Designated Nationals and Blocked Persons or a similar sanctions or terrorism watch list. We may provide any evidence of your suspicious activities to financial regulators or law enforcement as deemed necessary by us. By transacting on the App, you represent and warrant that the funds are not sourced from any illegal source or the proceeds of any crime.
Dispute Resolution and Damages
Governing Law and Venue
These Terms of Service and all matters arising out of, or otherwise relating to, these Terms of Service shall be governed by the laws of the United States and the State of Delaware, excluding any conflict of law principles. Any and all disputes must be, without exception, resolved in Delaware, and the parties agree to exclusive jurisdiction and venue therein. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, these Terms of Service in any other jurisdiction. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Service whatsoever. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Service. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject matter and may be enforced in any manner provided by law if such enforcement becomes necessary.
Waivers
You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury.
Rights to Injunctive Relief
You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms of Service, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity. You stipulate to a finding of irreparable injury in any claim by us for injunctive relief.
Additional Fees
If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to (i) collect any damages or any other amount of money from you, (ii) pursue any claim against you involving your use of the App or any breach of these Terms, or (iii) defend any claim brought by you involving your use of the App or any alleged breach of these Terms, then you additionally agree that you will reimburse us for all fees, costs, and expenses incurred if we prevail. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.
Disclaimers
We Disclaim All Warranties
We provide access to and use of the App “as is” and “with all faults.” We make no warranty that the App will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to or use of the App will be uninterrupted, timely, secure, error-free, or that loss of Content will not occur, to the greatest extent provided by applicable law. We may change any of the information found on the App at any time or remove any or all Materials. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through the App or any transaction entered into through the App. There are no warranties of any kind that extend beyond the face of these Terms of Service or that arise because of course of performance, course of dealing, or usage of trade.
Use at Your Own Risk
You expressly agree that access to and use of the App is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that the App will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, generally, or the App, specifically. You understand and agree that any Materials downloaded or otherwise obtained through the App is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.
Parental Controls Notice
You acknowledge your responsibility to prevent minors under your care from accessing harmful, inappropriate, or adult content. You agree not to allow minors to view the App, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful, inappropriate, or adult content. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take steps to prevent minors from viewing the App if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep the App from being displayed or accessed by your children or wards.
Fraud and Scam Warning
While we take efforts to prevent our services from being used for any fraudulent purposes, we specifically and emphatically warn members never to send money to anyone that they interact with on the App. We have no way of determining the validity of any communication that you may receive from other users, and we cannot discern the validity of the person or intentions behind such communication. It is a violation of our policy for you to solicit money from or to send money to any other user. You expressly understand and agree that if any other user that you are in communication with on the App requests money from you for travel, medical assistance, subsistence or for any other reason, it is likely a scam or a fraudulent scheme, and you are at a very high risk of being defrauded. You agree to report such request along with the username of the requesting user to us immediately. While we are not obligated to investigate any such report, we may do so in our sole discretion.
No Responsibility for Materials Shared by Our Users
We expressly disclaim all liability for any Materials shared by our users. You understand that much of the App is populated with Materials that were shared by our users, and that we do not endorse (expressly or implicitly) the opinions expressed in any Materials that were shared by our users. Thus, you understand that you may be exposed to Materials shared by a variety of users, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of any Materials shared by our users. You further understand that you may be exposed to Materials that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We are under no obligation to prescreen, review, or preemptively monitor the Materials shared by our users. However, we reserve the right to demote or terminate you, and to demote, remove, or refuse to publish your Content, at any time, for any reason, with or without prior notice. If we choose to monitor the App at any time, we assume (i) no responsibility for the Materials shared by our users, (ii) no obligation to modify or remove any inappropriate Materials shared by our users, and (iii) no responsibility for the conduct of the user sharing those Materials.
Privacy / Security Warning
No website or server is immune to hacking or other breaches of security protocols, which can result in the wrongful public release of your information and data. Your Content may be illegally recorded by users or third parties, and your Content may be posted online or otherwise distributed without your permission. Such actions may cause humiliation, mental / emotional distress, identity theft, and other significant damages. You therefore acknowledge and agree we shall not be liable for any recording or release of private information, personal data, or your Content, and you hereby release us from all liability and claims associated therewith.
Third-Party Links
The App may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from all damages and liability that may result from use of third-party links that appear on the App and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the policies of those third parties, not by these Terms of Service or our other policies. We reserve the right to demote or remove any link at any time.
Violations of Law
Access to and use of the App in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any goods or services in violation of any law, your ability to access and use the App will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.
Indemnification
You agree to defend, indemnify, and hold harmless us and our officers, directors, shareholders, employees, independent contractors, telecommunication providers, attorneys, and agents, from and against all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use the App, or any breach of these Terms of Service by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.
Limitation of Liability
You acknowledge that we will not be liable to you for any Materials shared by our users or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of any Materials shared by our users or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of the App including claims relating to the following:
Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, illegal gambling, any financial loss not due to our willful misconduct, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the App, unavailability of the App, its functions and any other technical failure that may result in inaccessibility of the App, or any claim based on vicarious liability for torts committed by individuals met on or through the App, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in our favor, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
You agree that any damages awarded in connection with any claim arising from these Terms of Service shall be limited to the amount paid by you to us within the six (6) months preceding the claim, or one hundred dollars ($100), whichever is less.
We expressly disclaim any liability or responsibility to you for any of the following:
Any loss or damage of any kind incurred because of the Materials, including errors, mistakes, or inaccuracies thereof or any Materials that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.
Personal injury or property damage of any nature resulting from your access to and use of the App.
Any third party’s unauthorized access to or alterations of your account, transmissions, data, or Content.
Any interruption or cessation of transmission to or from the App and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions through the App.
Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through the App by any third party.
Any incompatibility between the App and your other services, hardware, or software.
Any claims arising from identification of you based on your Content, regardless of whether you utilize any of our tools to mark certain Content private or block, restrict, or otherwise limit access to your Content in certain geographic locations.
Intellectual Property
Trademarks
ArtcadeTM is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on the App may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.
Copyrights
The Materials are our proprietary information and valuable intellectual property. We retain all rights, title, and interest in the Materials. You retain all rights, title, and interest in your Content, subject to the licenses herein. The App and the Materials are protected by copyright law. The Materials may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms of Service violates our intellectual property rights.
Notification of Copyright Infringement
We respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights on the App, and we will remove any Material if properly notified that the Material infringes on a third party’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user’s access to the App, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available to users upon request. Information regarding submission of a notice of infringement under our DMCA Policy.
Additional Terms for Mobile Users
Apple Users
If you download our Apple mobile application (“Apple App”), the following apply to you:
Both parties acknowledge that these Terms of Service are between you and us only, and not with Apple, and we, not Apple, are solely responsible for the App and the Materials.
We grant you only a limited, non-transferable license to use the Apple App on any Apple products that you own or control, as permitted by Apple’s Terms of Service, except that the Apple App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
We are solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in these Terms of Service or as required under applicable law. Both parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Both parties acknowledge that we, not Apple, are responsible for addressing any claims you or any third party bring relating to the Apple App or your possession or use thereof, including (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Apple App’s use of the HealthKit and HomeKit frameworks. These Terms of Service do not limit our liability to you beyond what is permitted by applicable law.
Both parties acknowledge that, in the event of any third-party claim that the Apple App or your possession or use thereof infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You may send questions, complaints, and claims related to the App to:
The Creator Good, Inc.
849 Casselberry Way, Littleton, CO 80126
You must comply with applicable third-party terms of agreement when using the Apple App.
Both parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.
Google Users
If you access or use the App through the Google Play Store, you agree to the following additional Terms of Service required by Google: https://play.google.com/intl/en_us/about/play-terms.html.
General
Entire Agreement
These Terms of Service and any other legal notice or agreement published by us on the App, form the entire agreement between you and us concerning your use of the App. It supersedes all prior terms, understandings, or agreements between you and us regarding use of the App. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in any proceedings based on or relating to these Terms of Service. Such version of these Terms of Service shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Policies of Our Service Providers
You understand and agree that we may use certain third-party service providers to provide you with access to and use of the App. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.
Assignment and Delegation
We may assign any rights or delegate any performance under these Terms of Service without notice to you. Further, as discussed in our Privacy Policy, you agree that we may assign and transfer any rights to any personal information that you provide to us in the event of a sale, reorganization, lease, license, liquidation, bankruptcy, or receivership of the App. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
Severability
If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
Cumulative Remedies
All rights and remedies provided in these Terms of Service are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
Successors and Assigns
These Terms of Service inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Service.
Force Majeure
We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
Notices
Any notice required to be given by us under these Terms of Service may be provided by email to a functioning email address of the party to be noticed, by a general posting on the App, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at inquiries@thecreatorgood.org unless otherwise specified in these Terms of Service. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Service. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.
Communications are Not Private
We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into the App may be read by us and our moderators and other agents, regardless of whether we are intended recipients of such messages.
Consideration
We allow you to access and use the App, as limited by your purchase of licenses to use certain paid features, in consideration for your acquiescence to all the provisions in these Terms of Service. You agree that such consideration is both adequate and received upon your accessing any portion of the App.
Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through the App. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
English Language
We have written these Terms of Service and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Service as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Service. In the event that you choose to translate these Terms of Service, you do so at your own risk, as only the English language version is binding.
Export Control
You understand and acknowledge that the software elements of the App may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such elements contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the elements are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
No Agency Relationship
Nothing in these Terms of Service shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or any formal business relationship other than independent contractor. The rights and obligations of the parties shall be limited to those expressly set forth herein.
Usages
In these Terms of Service, unless otherwise stated or the context otherwise requires, the following usages will apply:
References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
“A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
“Including” means “including, but not limited to.”
No Waiver
No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Service. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from these Terms of Service.
Headings
All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of these Terms of Service.
Other Jurisdictions/Foreign Law
We make no representation that the App is appropriate or available for use in all locations. You may not access or use the App from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access and use the App from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Service shall be interpreted as an admission that that we are subject to the laws of any nation besides the United States.
Service Not Available in Some Areas
You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access and use the App. THE APP IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use the App while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Service, and subject to having your account suspended or terminated without any notice to you. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered on the App, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right to restrict access to and use of the App in any jurisdiction.
© Walters Law Group (2026). All rights reserved.