TERMS OF SERVICE
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to YG.
YG is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The Nemo Arena app stores and processes personal data that you have provided to us, to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Nemo Arena app won’t work properly or at all.
The app does use third-party services that declare their Terms and Conditions.
Link to Terms and Conditions of third-party service providers used by the app
- Google Play Services
- Google Analytics for Firebase
- Firebase Crashlytics
You should be aware that there are certain things that YG will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but YG cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, YG cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, YG cannot accept responsibility.
With respect to YG’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. YG accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for the both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. YG does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
1. Subscription Services
Certain Games may be offered on a subscription basis. You will be advised of the price, duration and all applicable terms before purchase. You will be notified prior to any renewal of the amount and date of the upcoming renewal payment both within the relevant Game and at the email you maintain as part of your Account information. You can cancel your subscription by following the instructions within the Game. Unless otherwise stated, cancelations will take effect at the end of the then-current term.
You shall not, and shall not permit or cause any other party, to:
- Create an Account with or access the Service if you are not an eligible User;
- Use the Service in an illegal manner or encourage or promote any illegal activity;
- Fail to pay any amounts due (to the extent applicable);
- Interfere with or violate Users' rights to privacy and other rights, or harvest, post, solicit or collect personally identifiable information about Users without their express consent, whether manually or through the use of any robot, spider, crawler, any search or retrieval application, or other manual or automatic device, process or method to access the Service and retrieve, index or data-mine any information;
- Interfere with or disrupt the operation of the Service or the servers or networks that host the Service, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
- Advertise, solicit or transmit any commercial advertisements or SPAM;
- Violate the intellectual property or other rights of any party, including YG;
- Create false personas, multiple identities or multiple Accounts; set up an Account on behalf of someone other than yourself; use bots or other automated software programs to defraud or which otherwise violate these Terms or the terms and conditions of any third-party applications or social networks through which the Service is accessed;
- Upload or transmit (or attempt to upload or to transmit), without our express permission, any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware", "passive collection mechanisms" or "pcms");
- Exploit, distribute, develop or publicly inform other Users or the public of any Game error, miscue or bug which provides an unintended advantage, or of "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications; . Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Attempt to use the Service on or through any service that is not authorized by YG. Any such use is at your own risk and may subject you to additional or different terms. YG takes no responsibility for your use of the Service through any service that is not authorized by it;
- Deal with Virtual Items in a manner that violates these Terms, including by selling or transferring Virtual Items to other Users or third parties except as expressly authorized within and by the rules of a Game, or fraudulently obtaining or acquiring Virtual Items;
- Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without our written permission;
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or interfere with the ability of others to enjoy using the Service, including by disrupting, overburdening or aiding the disruption or overburdening of the Service servers, or by taking actions that interfere with or materially increase the cost to us of providing the Service for the enjoyment of all its users;
- Engage in any act that YG deems to be in conflict with the spirit or intent of the Service, including circumventing or manipulating these Terms, our game mechanics or policies;
- Without our express written consent, modify or cause to be modified any files, codes or any other component which is part of the Service;
- Institute, assist or become involved in any type of attack, including distribution of a virus, a denial of service attack upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service;
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, servers or networks connected to the Service by any means other than the user interface provided by YG, including by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Service;
- Use any unauthorized third party software that accesses, intercepts, "mines" or otherwise collects information from or through the Service or that is in transit from or to the Service, including any software that reads areas of RAM or streams of network traffic used by the Service to store information about YG game characters, elements, or environment. YG may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Service, whether through the use of a network analyzer, packet sniffer or other device;
- Use, facilitate, create or maintain any unauthorized connection to the Service, including (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service, (ii) any connection via a device to a platform (such as a desktop computer) for which the Service is not designed, or (iii) any connection using programs, tools, or software not expressly approved by YG;
- Except where permitted by law or relevant open-source licenses, reverse engineer, decompile, disassemble, decipher, modify or otherwise attempt to derive the object code or source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by YG;
- Copy, distribute, modify, alter, adapt, make available, translate, port, reverse-engineer, decompile or disassemble any portion of any Games Content, or publicly display, reproduce, create derivative works from, perform, distribute or otherwise use any Games Content, other than to play the Games as permitted under these Terms and applicable Game rules;
- Sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to YG's proprietary rights;
- Sell, license or exploit for any commercial purposes any use of or access to the Service;
- Frame or mirror any part of the Service without our prior express written authorization;
- Create a database by systematically downloading and storing all or any of the Games Content;
- Improperly use support channels to make false reports to YG or using profane, defamatory or abusive language in your communications with our support personnel;
- Perform in-Game services in exchange for payment outside the Games (e.g. power-leveling and item collection services); or
- Infringe or violate any of these Terms or the terms of any third-party applications or social networks through which the Service is accessed.
The Service contains various forums, chat functions, and other interactive features that allow you to post, submit, publish, display, or transmit to YG and other users, content or materials on or through the Service, including your ability to post or submit teams' names or titles (collectively “User Contributions”).
- You shall not, and shall not permit or cause any other party, to post, upload or submit to the Service any User Contributions, including any content or materials submitted via any interactive features available from within the Service (including submitting or posting a team's title or name), that violates these Terms or that contains or links to Objectionable Content. "Objectionable Content" means content that promotes or links to content that is (i) offensive, harassing, threatening, abusive, inflammatory or racist, (ii) sexually explicit or obscene; (iii) illegal, fraudulent, deceptive, contrary to public policy or that could facilitate the violation of any applicable law, regulation or government policy, (iv) libelous or defamatory, (v) violates the intellectual property, privacy, publicity, moral or any other right of any third party (such as by way of misrepresenting your identity or impersonating a third party), or otherwise injurious to third parties or objectionable, and (vi) software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam".
- You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you post or upload at the time of posting, that the User Contributions are accurate and not fraudulent or deceptive, and that the User Contributions do not violate these Terms or the rights of any third party, and will not cause injury to any person or entity.
- Any User Contribution that you upload or post will be considered non-confidential and non-proprietary, and you grant YG a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution throughout the world in any media.
- You understand that your User Contributions may be copied by other of the Games' users and discussed on and outside of the Service, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. YG takes no responsibility and assumes no liability for any content posted by you or any third party. YG has the right (but not the obligation) to monitor and edit or remove any User Contributions, and has the right to terminate your access to all or part of the Service for any or no reason, including any violation of these Terms.
- Breach of any of these rules or of any other prohibitions contained in these Terms may subject you to suspension or termination of your Account and right to use the Service, in whole or in part, including by limiting or revoking your rights to use certain features within the Service, or limiting or restricting your Game experience, in YG's sole discretion, and may subject you to civil or criminal penalties.
- Parties' Intent. If any provision hereof is adjudged by any arbitrator or court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
- Rules of Construction. These Terms shall be construed as follows: (i) "includes", "including" and cognates thereof shall be understood to mean "includes without limitation" or "including without limitation"; (ii) unless the context demands otherwise, the word "or" shall have the inclusive meaning identified with the phrase "and/or"; (iii) Section and other headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms; and (iv) any reference made in these Terms to a statute or statutory provision shall include any amendments or successors thereto as in effect at the time the particular provision of the Terms is to be given effect, along with any then-applicable rules or regulations promulgated thereunder.
- Waiver. Any failure to enforce any rights granted hereunder or to take action in the event of any breach of these Terms shall not be deemed a waiver by the non-breaching party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing, and any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Entire Agreement; Assignment; Novation. These Terms are the entire agreement between you and YG regarding the subject matter herein. You agree that YG may assign or novate these Terms, in whole or in part, in its sole discretion and that you are not entitled to assign or otherwise transfer these Terms, or any of your rights or obligations thereunder, to any third party without the prior written consent of YG. Any unauthorized assignment will be void and of no force or effect.
- Survival. You agree that the provisions of the following Sections shall survive termination of these Terms or termination of your Account, for any reason whatever: Intellectual Property and Our License to You; User Feedback and Your License to Us; Disclaimers of Warranties; Limitation of Liability; Indemnity; Governing Law; Dispute Resolution and Agreement to Arbitrate on an Individual Basis; and General.
- Governing language. The original and controlling version of these Terms shall be the English language version. All translations of these Terms into other languages shall be solely for convenience and shall not control the meaning or application of these Terms.
- Country-specific terms. Some countries may have additional or different terms for Users located in that country (“Country-Specific Terms”). If you are located in a country that has Country-Specific Terms that differ from these Terms, the Country-Specific Terms will govern solely to the extent of any such difference.
3. Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2023-08-08
4. Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [email protected].