Terms and Conditions of Use
Terms and Conditions General
Matters beyond Nemesis’ reasonable control:
Nemesis is not liable for any breach of this contract where the breach was caused by Act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of government, highway authority or other competent authority, Nemesis compliance with any statutory obligation or an obligation under a statute, industrial disputes of any kind (whether or not involving Nemesis employees), fire, lightning, explosion, flood, subsidence, weather of exceptional severity, acts of omissions of persons for whom Nemesis is not responsible (including in particular other telecommunication service providers) or any other cause whether similar or dissimilar outside Nemesis reasonable control.
Limited Liability: USE NEMESIS SERVICES AT YOUR OWN RISK
All services are provided on an AS IS and BEST ENDEAVOURS basis.
IN NO EVENT SHALL NEMESIS OR ITS RELATED ENTITIES BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, TIME OR DATA, THAT ARISES OUT OF THE USE OF OR THE UNAVAILABILITY OF ANY OF OUR PRODUCT OR SERVICES INCLUDING BUT NOT LIMITED TO THE COMPUTERS, HARDWARE, SOFTWARE, SERVICES, INTERNET, EMAIL, WEBSITES, TELEPHONE, OR DOCUMENTATION EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
NEMESIS AND ITS RELATED ENTITIES SPECIFICALLY DISCLAIM ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE AND HARDWARE PROVIDED IS ON AN ‘AS IS’ BASIS, AND NEMESIS AND ITS ASSOCIATED ENTITIES HAVE NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS OR CONTINUED AVAILABILITY OF SERVICES.
NEMESIS RETAINS THE RIGHT TO MODIFY THESE TERMS WITHOUT NOTICE.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Then in the next section of the notice we link out to the industry opt-out sites described above.
Nemesis makes no warranties and/or representations about the suitability of the information provided to you as part of the Service, including but not limited to any information published on Nemesislan.com or the Internet, for any purpose. All such information is provided on an “as is” basis without warranty of any kind. Nemesis hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of satisfactory quality, fitness for a particular purpose, title and Intellectual Property Rights non-infringement.
Please note that the information provided to you as part of the Service, including but not limited to any information published on the Nemesis web site and/or the Internet, could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Nemesis may make improvements and/or changes in the Service.
Nemesis makes no representations whatsoever about any third party web site which you may access. When you access a third party web site, please understand that it is independent from Nemesis and that Nemesis has no control over the content on that web site. In addition, a link to a third party web site does not mean that Nemesis endorses or accepts any responsibility for the content, or the use, of such web site.
Any contract you make for the supply of goods and services will be with the relevant third party supplier and on that third party’s terms and conditions. We make no warranty or guarantee in relation to matters for which suppliers or other third parties are responsible including fulfillment of your contract and make no warranty as to the fitness for purpose or satisfactory quality of any goods or services purchased through the web site. If any problems arise from the supply of goods or services by a supplier, you must take issue with the supplier and not with us. While we will endeavour to ensure that such problems are resolved, we are not responsible for any aspect of the relationship between you and the supplier.
Facility and Equipment Use
Please always remember this is a public facility intended for the enjoyment of all patrons. Accessing material considered illegal, unacceptable or offensive by Nemesis staff may result in your session termination, without warning and without refunds.
A session begins when a customer logs in to an Nemesis computer or console, or is logged in manually by a staff member. A session ends when a customer presses the “Log Out” button from the user interface, is logged out by a staff member, or is automatically logged out by the computer software for any reason and at any time.
Any and all data, files, and information stored on our computers or network may be deleted at any time and definitely at the end of your session. When you log off or if you are logged off at any time for any reason, the computer will restart and all data, files, and information or settings that have been saved locally will be destroyed. Please be aware that once the log off process has started it cannot be stopped and you will not be able to retrieve any data, files or information stored locally. The use of a third party cloud service is required to store or save any data, files or information beyond your Nemesis session.
Acceptable Service Use
Accessing, browsing or downloading any material of an illegal or offensive nature is not permitted. This includes, but is not limited to: copyrighted content, hacking/cracking material, online gambling, online betting, or adult content. There are no exceptions to this policy. You may only use the Service for legal purposes and are forbidden to:
- Access, download, copy, publish, distribute or disseminate any material which is defamatory, obscene, indecent, menacing or which may incite anxiety, racial prejudice or hatred.
- Comprising any material which infringes third party Intellectual Property Rights (including, but not limited to copyright in: literary works, directories, databases, music, trademarks, logos, etc) without the appropriate (implied or express) authorization for use provided by such third party.
- Modify, copy, distribute, transmit, reverse engineer, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Nemesis web site and Internet in relation to any aspect of the Service, including but not limited to any other web site.
- Distribute or disseminate a software virus or any other destructive or harmful software file or program.
- Participate in any and all online gambling or betting of any nature.
- Access, browse or display any offensive, vulgar, or pornographic materials.
- Send “spam” or other unsolicited bulk email.
- Hack into any part of the Service and/or third party web site service
For the avoidance of doubt you and not Nemesis will be solely responsible for any civil and/or criminal liability arising from any breach of these Terms and Conditions by you and/or any illegal activity carried on by your use of these Services.
Third Party Web Sites
Subscriptions, Purchases, Deliveries
Any contract you make for the supply of any other goods and services will be with the relevant third party, facilitated through the respective third party web site and on that third party’s terms of sale unless otherwise specified. Nemesis does not accept customers’ deliveries of goods ordered on the Internet, we are not liable for the receipt of any delivered goods, or the condition in which they arrive or are sent back.
Children 17 and under must be accompanied by an adult. If a child’s age is in question, only a Canadian birth certificate, passport or Medicare may be used as proof of age. We advise parents accompanying children 17 and under that our games may not be suitable. Children over 17 can play any game as permissible by law and ESRB rating of the game.
Nemesis does not offer print, copy or scanning services.
Nemesis does not accept any liability to customers or third parties for breaches of confidentiality due to technological reasons outside the reasonable control of Nemesis, or breaches caused by customers to third parties. Customers are required to comply with all applicable laws and contractual obligations concerning confidentiality and data protection.
Customer’s Personal Property
Nemesis does not accept responsibility for customer property and to the extent reasonably excludes liability for the loss, damage or theft of any customer property brought onto the premises. Customers are reminded not to leave any personal property unattended at any time for any reason.
Food and Drink Policy
Customers are not permitted to bring drinks or food to their station. Customers will be liable for any damages caused to the equipment. Customers are not permitted to consume alcohol on the premises.
We permit the reasonable use of mobile phones and personal music equipment on the premises, but we kindly ask all customers to be respectful and considerate of the people around them. We reserve the right to ask customers to refrain from such action where it is disturbing other customers or Nemesis staff.
Nemesis reserves the right at its staffs discretion to ask customers to refrain from conduct or to leave its premises for any reason, at anytime, without a refund. Conduct which may give rise to such action includes but is not limited to breaches or potential breaches of any applicable laws, regulations or contractual obligations, conduct negatively affecting other customers or our staff, conduct which puts our equipment or software at risk, breaches or potential breaches of any of our terms and conditions.
If you need to reschedule any events or parties less than 7 business day notice, we’ll do our best to accommodate you, but please note the following applicable charges: $50 for a group event; $75 for a private event; and $150 for a of-site VR or gaming session.
All purchases are final, non transferable and non-refundable. Services are provided on an ‘equipment use only’ basis and Nemesis is not responsible for any external web sites or services. Refunds (or discounts) will not be given for unsuccessful attempts to connect to any external website or service for any reason.
Changes of Rates and Conditions
Nemesis reserves the right to change any rates, classifications and any of these terms and conditions at its discretion at anytime without notice. The rates payable and the terms and conditions applicable shall be those in force at the time of order or purchase.