© 2017  |   Nacho Club, LLC

Terms of Use

  1. The mobile application Apollo Adventures (the “Application”) is provided to you for your personal entertainment through our content and interactive functionality available via the Internet (the “Services”).

Please read these Terms of Use carefully. These Terms of Use include our policy for acceptable use of the Services, as well as your rights, obligations and restrictions regarding your use of the Application and the Services. We grant you a limited, revocable, non-exclusive license to use the Application to access the Services for your own personal use, subject to these Terms of Use. Use of the Services beyond the scope of authorized access granted to you terminates this permission.

By signing up for the Services, or otherwise accessing or using the Application and/or Services, you accept, without limitation or qualification, that you are entering into a legally binding agreement with Nacho Club LLC (“Nacho Club,” or “we,” “us,” or “our”), a California Limited Liability Company, which includes these Terms of Use and our Privacy Policy. You are only authorized to use the Services if you agree to abide by these Terms of Use and all applicable laws in the use of the Application and the Services. If you do NOT accept the Terms of Use and the Privacy Policy, then you must immediately discontinue your use of the Application and the Services.

  1. Modification. We may modify these Terms of Use from time to time and each modification will be effective upon posting within the Application, which serves as notice to you. You should review these Terms of Use and the Privacy Policy. Your continued use of the Application and/or Services after such posting constitutes your acceptance of the changes.

  2. User Accounts. In order to use our Services, we may ask you to create an account and/or provide us with certain personal information, which may include your name, birth date, email address, and payment information. This information will be held and used in accordance with our Privacy Policy. You agree to supply us with accurate, complete, and updated information. You are responsible for maintaining the security of your account. Do not share your account details with others or allow others to access or use your account. You are solely responsible for any activity in your account, whether or not authorized by you, including purchases. If you become aware of or suspect any loss, theft, fraud, or unauthorized use of your account, notify us immediately.

  3. Privacy. Nacho Club’s Privacy Policy informs you of how we collect and use information about you and your mobile device. You understand that through your use of our Services you acknowledge the collection, use, and sharing of this information as described in the Privacy Policy. If you do not agree with the Privacy Policy, then you must stop using the Application and the Services.

  4. Restrictions on the Use of the Application and the Services. You may not use the Application or the Services if:

  • You cannot enter into a binding contract with Nacho Club;

  • You are under 13 years of age, in which case you must not create an account, use any part of the Application or the Services;

  • You are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals; or

  • You have previously been banned from using any Nacho Club game or Service.

  1. If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms.

  2. If you download the Application and access the Service from another platform, such as Apple or Google, you must also comply with its terms of service/use as well as these Terms of Use. To access the Services and/or use the Application, you may need an account with the company that provides your mobile applications, e.g., an Apple iTunes account or Google Play account. You may need to update third-party software from time to time to receive the Application and access the Services.

  3. The Application and Services are provided by Nacho Club. You provide the equipment (mobile phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, or for data or cellular usage to download the Application and use the Services.

  4. Limited License to the Application and the Services. The Application and the Services are comprised of works owned by Nacho Club and are protected by copyright, trademark, intellectual property, and other applicable laws, rules, or regulations. Nacho Club owns, has licensed, or otherwise has proper rights to use all of the content that appears in the Service. These Terms of Use do not grant you or any other party any right, title, or interest in the Application or the Service nor in any content in the Application or the Service.

  5. Contingent on your abiding by these Terms of Use and any other applicable rules, Nacho Club grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in these Terms of Use to use the Application and access and use the Services using a supported device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. If you violate these Terms of Use or any of our other terms that apply to you, we may take action against you, up to and including permanently suspending your account. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE APPLICATION OR THE SERVICE, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY NACHO CLUB GAME, IS A VIOLATION OF THESE TERMS OF USE AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

  6. Limited License and Ownership of Virtual Items and Currency. Use of the Application and access to the Services constitutes a service in the form of access to games and “virtual items” that are accessible and useable within the Application and Services (the “Virtual Items”) or to a “virtual currency” that may be used to obtain Virtual Items or other goods or services via the Application and the Services (“Virtual Currency”).

  7. In the Application and the Services you may use “real” currency (e.g., U.S. dollars) to obtain a limited license to use such Virtual Items or Virtual Currency. Depending on the nature of the Application and the Services, Virtual Currency and Virtual Items may also be earned through gameplay.

  8. By providing billing authorization through the platform on which you are using the Application and the Services (e.g., Apple iOS or Google Android), Nacho Club grants you a limited license to Virtual Items and Virtual Currency. Virtual Items purchased in the Application and the Services on other platforms not controlled by Nacho Club, such as Apple iOS, or Google Android, will be subject to those platforms’ payment terms and conditions. Nacho Club does not control how you can pay or how any refunds may be issued on those platforms. Please review those platforms’ terms of service for additional information. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Nacho Club may revise the pricing for the goods and services it licenses to you through the Application and the Services at any time. If you purchase third-party currency or choose to make a payment in our Services through a third-party (e.g., Apple or Google), you are agreeing to the third-party’s payment terms, and Nacho Club is not a party to the transaction.

  9. For Virtual Items, your order will represent an offer to us to obtain a limited license for the relevant Virtual Items or Virtual Currency, which will be accepted by us when we make the Virtual Items or Virtual Currency available in your account for you to use in the Application and the Services or debit the account through which you paid, whichever comes first. Your limited license to Virtual Items for use in Nacho Club games is a service provided by Nacho Club that starts when we accept your payment or redemption of third-party virtual currency.

  10. You understand that while you may “earn” “buy” or “purchase” Virtual Items and Virtual Currency in our Application and Services, you do not legally “own” the Virtual Items and Virtual Currency, and the amounts of any Virtual Item or Virtual Currency do not refer to any credit balance of real currency or its equivalent. Any Virtual Currency balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.

  11. ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT NACHO CLUB IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH A SERVICE PROVIDED DIRECTLY BY NACHO CLUB OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR APPLICATIONS AND SERVICES.

  12. PURCHASES OR REDEMPTIONS OF THIRD-PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.

  13. Promotions and Offers. From time to time, we may offer limited-time promotions. Please review the official rules (if any) associated with the promotion. Any such rules will apply in addition to these Terms of Use.

  14. In addition, from time to time, we may promote Offers. We are not required to give, and players are not required to accept, any Offer. Offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release, or sign other paperwork in order to get the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before You accept the offer.  If you accept an Offer you also assume all liability associated with the Offer.

  15. Third-Party Advertising. Our Application and Service may feature advertisements from us or other companies. The Privacy Policy explains what information we share with advertisers.

  16. We may at times provide links in the Application or the Service to other companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Service or upgrade (such as in-game currency) in exchange. Any charges or obligations you take on in dealing with these other companies are your responsibility. We make no representation or promises about any content, goods or services these other companies provide, even if linked to or from the Application or the Services. The inclusion of a link in the Application or the Service should not be construed to constitute an endorsement of the linked site. We are not liable for any claim relating to any content, goods, and/or services of third-parties.

  17. Please also note that the linked sites are not under our control and may collect data or ask you to provide them with your personal or other information, or they may automatically collect information from you. When you use other companies’ services like these, the other company’s service may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, nor for how they collect, use, or share any information they may receive from you.

  18. Disclaimer of Warranties / Limitation of Liability. You understand and agree that the Services are provided “AS-IS” or “AS AVAILABLE,” and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Application or the Services, nor do we assume any liability for the failure to store or maintain any user data.

  19. No advice or information, whether oral or written, obtained by you from the Application or the Services shall create any warranty not expressly stated in these Terms of Use. In no event shall Nacho Club or its owner, or affiliates, be liable to you or any third-party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages, loss of or damage to reputation, or loss of information, arising from your use of the Application or the Services even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the disclaimer, exclusion, or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion, and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law, if any, apply unless they are required to apply by law, notwithstanding their exclusion by contract.

Our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, shall at all times be limited to the greater of (1) the amount paid, if any, by you to us in connection with the Services in the twelve (12) months prior to the action giving rise to the liability, or (2) 100.00 USD. You and Nacho Club agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

  1. General. If there is any claim or dispute about or involving the Services, you agree that the claim or dispute will be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to and hereby submit to exclusive personal jurisdiction and venue in the state and federal courts located in the County of San Francisco, California and the Northern District Court, California, respectively, with respect to any such matters, and you agree to waive any and all objections to jurisdiction and to venue. The Application and Services are controlled and offered by Nacho Club in the United States and we make no representation that materials associated with the Services are appropriate or available for use in other locations, and accessing them from jurisdictions where the content is illegal is prohibited. Those who choose to use or access the Application and the Services from other jurisdictions do so on their own initiative and are responsible for compliance with local laws.

You affirm that you are more than eighteen (18) years of age and are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with the Terms of Use. The Application and the Services are not intended for persons under eighteen (18) years of age. If you are under eighteen (18) years of age, then please do not use the Services.

Our failure to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. If any provision of these Terms of Use is unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

Privacy Policy of Nacho Club LLC

 

This privacy policy (“Privacy Policy”) describes how Nacho Club LLC (“Company”, “us” or “we”) collects, uses, and shares the personal information that you provide to Company as a user of the mobile application named Apollo Adventures (the “App) and/or any Company website.

This Privacy Policy describes: 1) what types of information Company collects via its website and the App, 2) what Company does with that information, and 3) your options regarding any information collected by Company.

Please read this Privacy Policy carefully. Your use of any Company website or the App indicates that you have read, accepted, and unconditionally agreed to the Company privacy practices, as outlined in this Privacy Policy and any other applicable terms.

Company’s websites and/or the App may change over time, including what type of information is collected and how it is used. If such changes warrant a change in this Privacy Policy, Company will enact such changes, and you agree that any information collected will be subject to the Privacy Policy in place at the time of collection. Any updated Privacy Policy will be accessible via Company websites and within the App, and Company may (but is not required to) send you notices of any such change in the Privacy Policy. As such, please review this Privacy Policy periodically, as it may be updated from time to time.

What Information We Collect

For the purposes of this Privacy Policy, the term “Personally Identifiable Information” (or “PII”) refers to personal information about an individual, such as a first and last name, phone number or email address or other individually identifiable information within the meaning of the Federal Trade Commission’s Online Privacy Protection Rule found at 16 CFR 312.2.

During your use of the App via a mobile device, Company may collect mobile device identifiers that can include things like your device’s MAC address and IP address. We may also collect information such as device name and type, operating system, telephone number, country, and any other information you choose to provide such as your game character name or e-mail address.

As you use the App, Company may collect statistics on your use of the App, including but not limited to: items purchased, advertisements watched, missions performed, and other information on your actions within the App.

With your consent, the App may send push notifications to your mobile device to provide game information, news, updates, or other relevant information. You can manage these updates from within the App or from your device’s control panel that manages such notifications.

Disclosure of User Information to Third-Parties

We do not sell, trade, or rent our users’ PII to third-parties. Only aggregated, anonymized data is periodically transmitted to external services to help us improve the App. We will share your information with third-parties only in the ways that are described in this privacy statement.

We may disclose collected information:

  • as required by law, such as to comply with a subpoena, or similar legal process;

  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;

  • with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement or maintain comparable privacy policies, including but not limited to cloud-storage platforms, analytics providers, and/or advertisement providers;

  • if Company is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

Advertisements

The App may display advertisements during use. In order to provide these advertisements, Google (using AAID) or Apple (using IDFA) provides us with a unique advertising identifier, which is used to anonymously identify you to advertising partners. The advertising partners use this identifier to track your behavior in order to decide which advertisements to show you.

If you would like to opt-out of such tracking systems (which will prevent advertisers from tracking your behavior and personalizing advertisements on your phone), visit the following links for more information:

The privacy polices of our advertisers can be found at the following URL: https://support.google.com/admob/answer/6128543?hl=en

Third-Party Services

When you visit Company websites or use the App, we use third-party analytics tools (such as Google Analytics and Amplitude) so that we can see aggregate statistics, such as the total number of players per day.

The privacy policies of such third-party services used by the App can be found at the following URLs:

Children

Company’s website and the App support and comply with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws. Both this website and the App are not aimed at nor intended for children under the age of thirteen (13). If you are under the age of thirteen (13), please do not use this website or the App, and if you are over the age of thirteen (13) but under the age of eighteen (18), you should use this website and the App only with the involvement and permission of a parent or legal guardian.

No PII is purposefully or knowingly collected from children under the age of thirteen (13). If Company discovers that a person under the age of thirteen (13) has provided Company with any PII, Company will use commercially reasonable efforts to delete such person’s PII from its system. Every user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct.

Right to Remove Posted Information (California Minors)

If you are under 18 years of age, reside in California, and have provided information to Company via its websites or the App, you have the right to request removal of unwanted information that you publicly post on Company’s websites or the App. To request removal of such information, you can contact Company at [support@nachoclub.com] stating that you reside in California. Upon receiving such a request, Company will ensure that the information is not publicly available on any Company websites or the App, but the information may not be completely or comprehensively removed from all Company systems.

Please note that any removal of content by Company does not ensure or guarantee complete or comprehensive removal of the content in all places. For example, the content may have been shared or reposted by other parties, or federal or state law may require maintenance of the content or information. Therefore, there may be places, especially if the content is posted on a social media site, that Company has no control over and therefore cannot remove the content.

Safety and Security

Company uses all possible efforts to ensure the safety of your information. No website, internet transmission, computer system, or wireless connection is 100% secure. Company cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We cannot and do not ensure or warrant the security of any information you transmit to Company and you do so at your own risk.

 

 

 

 

External Links

Company websites and the App may contain links to, or advertisements about, non-Company websites or services on the website. Other sites may also reference, advertise, or link to Company websites. Company does not endorse or sponsor other websites or services, is not responsible for the privacy practices or the content of non-Company sites or services, expressly disclaims any statements or assertions made on such websites, and denies all liability associated with your use of, and the content on, such other websites and advertisements. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through other websites. We encourage you to be aware of when you leave this website and to read the privacy policies of each and every website or service that you visit.

Consent to Processing in the United States

This website is operated in the United States. By providing any information to Company, all users, including, without limitation, users in the member states of the European Union, Canada, or elsewhere outside of the United States, fully understand and unambiguously consent to this Privacy Policy. By using Company websites, using the App, and/or providing us with your information, you consent and agree to the collection, transfer, storage, and processing of your information to and in the United States.

Choice of Law

This Privacy Policy, including all revisions and amendments thereto, is governed by the internal laws of the State of California, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.

Your Options

If you are receiving email advertisements from Company and no longer wish to receive such email messages, you may opt out at the time you receive the message by following the instructions in that email. Please allow up to ten (10) days for your request to be processed.

If you disagree with the privacy practices outlined in this Privacy Policy, please discontinue use of the App and any of Company’s websites, and do not otherwise provide Company with PII or other information.

If you have any questions or concerns regarding the use of any information you provide to Company, please contact us at [support@nachoclub.com].