Terms of Use Agreement

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT (THE “TERMS”, “AGREEMENT” OR “TERMS OF USE”). BY ACCESSING OR USING THIS WEBSITE OR DOWNLOADING ANY GAMES OR SOFTWARE (“PRODUCTS”) OWNED OR PUBLISHED BY NE STUDIO L.L.C. (“NE STUDIO”, “WE”, “OUR”) YOU ACCEPT AND AGREE TO BE BOUND TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL TERMS INCLUDED BY REFERENCE WITHIN THIS AGREEMENT. IF YOU ARE UNDER 18 YEARS OF AGE OR CONSIDERED A MINOR IN YOUR JURISDICTION, YOU MUST MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN ACCEPT TO THIS AGREEMENT BEFORE USE OF ANY OF NE STUDIO’S WEBSITE OR OTHER PRODUCTS.

Thank you for your interest in our Ne Studio websites or product. Your use of our products is subject to the NE Studio Privacy Policy and End User License Agreement (“EULA”).

1. SERVICES, OWNERSHIP, AND ACCOUNT(S)

NE Studio offers many products and services on a variety of platforms. Many of these services require the user to create an account. NE Studio holds ownership of the account(s) that you (“the user”) creates (“Your Account”, “Account”). When registering an Account you must use a valid email address and must use the Registration created by NE Studio for that purpose. When you create an account your username must not be: deemed inappropriate by NE Studio, could be seen as obscene or offensive, a person’s name, violate any third party’s intellectual property, copyright, trademark.

Ownership of Your Account is held by NE Studio and can be terminated, ban, restrict access or suspend your account at any time for breaking the terms of this agreement or any other policies or agreements created by NE Studio. By creating an Account, you agree that you do not own the account, or anything contained within an account including but not limited to: virtual goods, achievements, virtual currency, items, data, in-game purchased goods, or downloadable content, posts on the website’s forums or messages to other users.

NE Studio reserves the right to ban or restrict any user from our products or services without refund or compensation.

You must be over 13 years old to create an account. If you are considered a minor in your country or under the age of 18 years old your parents or legal guardians must agree to these terms on your behave and give you permission to use our services, products or website.

You are responsible for protecting your account and the account’s data.

2. RESTRICTIONS AND LIMITATIONS

By using NE Studio’s services you agree that you WILL NOT under any circumstances:

a. Manipulate, modify, change, read, or access the game client or its data other than by the unmodified software created by NE Studio L.L.C. for that specific purpose.

b. Use third-party software to perform any actions that may be considered automation software “bots” or that cause damage to NE Studio L.L.C. servers, website, software, or services.

c. Connect to NE Studio servers through any means other than the software or services provided by NE Studio L.L.C.

d. Purposely cause damage to NE Studio’s products, services, servers, or community.

3. COMMUNICATION, ADVERTISEMENT, AND ONLINE CONDUCT

a. The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

b. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

c. NE Studio has no obligation to monitor the Communication Services. However, NE Studio reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. NE Studio reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

d. NE Studio reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NE Studio's sole discretion.

e. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. NE Studio does not control or endorse the content, messages or information found in any Communication Service and, therefore, NE Studio specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NE Studio spokespersons, and their views do not necessarily reflect those of NE Studio.

f. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

g. You will not state or imply that you are endorsed by NE Studio L.L.C.

h. You will not use the games or interactive services to transmit any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication.

i. You will only use the Services for lawful purposes. Prohibited activities include, but are not limited to:

- Trafficking in obscene material, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, fraud, or theft of trade secrets.

- Promoting illegal or tortious activities or conduct that is abusive, threatening, obscene, defamatory or libelous.

- Using cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Services, and taking advantage of cheats or exploits.

- Using any software that intercepts, modifies, or otherwise collects data of NE Studio’s products or services.

- Impersonating another user or person.

- Sharing personal information about any user or person.

- Using a user’s account data against the user that could in any way be considered abusive.

- Sharing Pornography, or anything that could be considered rude or sexual content, or content that could be considered inappropriate for minors.

- Sending of viruses or other harmful files.

4. Modifications to Products and Services

a. NE STUDIO MAY MAKE CHANGES TO OUR GAMES, SOFTWARE, WEBSITE OR OTHER PRODUCTS INCLUDING BUT NOT LIMITED TOO IN GAME PURCHASES, ICONS AND ACHIEVEMENTS, AND THE SOFTWARE ITSELF AT ANY POINT.

b. NE STUDIO MAY DELETE, REMOVE OR RESTRICT ACCESS TO OUR SERVICES AT ANY POINT.

5. Purchasing, Warranties, and Refunds

a. All Virtual Sales are final, non-returnable, and non-refundable. All virtual items are non-transferable and cannot be transferred to another account. All virtual items cannot be redeemed or sold for cash value. NE studios may implement restrictions and limits on purchases at any time.

b. YOU ACKNOWLEDGE THAT NE STUDIOS DOES NOT HAVE TO ISSUE REFUNDS FOR ANY REASONS, INCLUDING BUT NOT LIMITED TO UNUSED VIRTUAL ITEMS AT TIME OF VOLUNTARY OR INVOLUNTARY ACCOUNT CLOSING, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, WHETHER YOU MADE A PAYMENT THROUGH A THIRD-PARTY PLATFORM INCLUDING BUT NOT LIMITED TO THE APPLE APP STORE, AMAZON GAMES, GOOGLE PLAY, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES OR PRODUCTS.

6. No Unlawful or Prohibited Use/Intellectual Property

a. You are granted a non-exclusive, non-transferable, revocable license to access and use http://www.nestudiogames.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to NE Studio that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

b. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of NE Studio or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

c. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. NE Studio content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of NE Studio and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of NE Studio or our licensors except as expressly authorized by these Terms.

7. International Users

a. The Service is controlled, operated and administered by NE Studio from our offices within the USA. If you access our Service or products from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NE Studio Services, website, or other products in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

8. Indemnification

a. You agree to indemnify, defend and hold harmless NE Studio, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NE Studio reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NE Studio in asserting any available defenses.

9. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

10. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NE STUDIO L.L.C. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. NE STUDIO L.L.C. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NE STUDIO L.L.C. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NE STUDIO L.L.C. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NE STUDIO L.L.C. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE OR SERVICE.

11. Changes to Terms

NE Studio reserves the right, in its sole discretion, to change the Terms under which http://www.nestudiogames.com is offered. The most current version of the Terms will supersede all previous versions. NE Studio encourages you to periodically review the Terms to stay informed of our updates.

12. Contact Us

NE Studio welcomes your questions or comments regarding the Terms:

Effective as of January 15, 2018