Terms of Service («Terms») of the NEXTERS project (the “Project”).
(Version dated by the August 06, 2018)
NEXTERS is a virtual interaction platform between users and the products of NEXTERS GLOBAL LIMITED (hereinafter referred to as "NEXTERS", "we" or "us."), which is its exclusive owner and administrator. “Service(s)” refers to your use of Project for any purpose whatsoever.
PLEASE READ CAREFULLY BEFORE USING THE GAME AND RELATED SERVICES OF THE PROJECT OR ANY SERVICES PROVIDED THROUGH THE PROJECT IS SUBJECT TO THESE TERMS. YOU AGREE TO BE BOUND BY THE TERMS PRESENTED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PROJECT IN ANY WAY OR FOR ANY PURPOSE WHATSOEVER.
ACCEPTANCE OF THE TERMS
These Terms sets out the legal terms between you (either an individual or legal and non-legal entity) and NEXTERS GLOBAL LIMITED.
You cannot accept these Terms if: (a) you are not lawfully entitled to use the Services under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with NEXTERS. By accepting these terms you acknowledge, represent and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian’s permission if required by applicable law. You expressly represent that you are legally allowed to enter into these Terms and that you do not violate any applicable laws.
You may also be required to register an account on the Project and (or) Service (hereinafter referred to as "Account").
In some countries may exist legal and (or) other restrictions on usage of the Service and (or) downloading, installing and/or using of products, portions of products, software that are or might be available through the Service. You expressly represent that you comply with all applicable legal restrictions in your jurisdiction.
Please note that these rules shall not create any third party’s rights including any enforcement right (civil right of action) thereof, and may be enforced solely by NEXTERS in its sole discretion.
The failure by NEXTERS to exercise or enforce any of the Terms shall not constitute or be deemed a waiver of its right thereafter to enforce each and every of these Terms.
INTELLECTUAL PROPERTY RIGHTS
NEXTERS is the owner of all exclusive rights, intellectual property rights and interests associated with the Project and Services, as well as all their functions and components, including but not limited to:
- all the virtual content that is contained and displayed in the Project, including:
- visual components: project locations, characters (names, appearance, characteristic behavior and utterances), artwork, structural or landscape design, animation and audiovisual effects;
- thematic content: themes, concepts, stories and storylines;
- musical and sound compositions and recordings;
- user accounts;
- project elements: Virtual Items and Intra-Project Values, as well as intra-project options and ways of acquiring them;
- other intellectual property that provides technical and other access to the Project and Services, including but not limited to:
- software and source code;
- methods of work and original works of authorship used in the Project;
- all Accounts, including Account names and any player’s identification tools. Any use of the Account must be in accordance with the interests of NEXTERS. NEXTERS does not allow the transfer of Accounts. You cannot purchase, sell, gift and otherwise assign the Account, and also offer any Account to purchase, sell, gift or any form of assignment, and any such attempt will be void and may lead to the termination of the Account;
- intangible rights thereto.
For the avoidance of doubts, the Services shall be construed as providing you with access to use the Project without transferring any exclusive or other intellectual property rights or interests to the Project and Services.
VIRTUAL ITEMS AND INTRA-PROJECT VALUES
NEXTERS may offer you the ability to: (i) purchase a limited license to use intra-project values; (ii) earn a limited license to use intra-project values by performing specified tasks in the Project (hereafter and everywhere - “Intra-Project Values”); and/or (iii) earn a limited license, and/or purchase a limited license with Intra-Project Values, to virtual objects made available by NEXTERS in the Project (hereinafter and everywhere - “Virtual Items”). If NEXTERS offers the ability to purchase or earn such licenses, NEXTERS shall grant you a non-exclusive, non-transferable, revocable, limited right and license to use such Intra-Project Values or Virtual Items, as applicable. These right and license are only valid for your personal, non-commercial use exclusively in the Project, subject to the provisions of these Terms and your compliance therewith.
Intra-Project Values may only be redeemed for Virtual Items for use in the Project and neither Intra-Project Values or Virtual Items are redeemable for money, anything of monetary value, or for any monetary equivalent from NEXTERS or any other person or entity, except as otherwise required by applicable law. Intra-Project Values and Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither NEXTERS nor any other person or entity has any obligation to exchange Intra-Project Values or Virtual Items for anything of value, including, but not limited to, real currency. You acknowledge and agree that NEXTERS may engage in actions that may impact the intra-project attributes or perceived value of Intra-Project Values and/or Virtual Items at any time, except as prohibited by applicable law. NEXTERS, in its sole discretion, may impose limits on the amount of Intra-Project Values that may be purchased, earned, or redeemed.
The purchase of a license for Intra-Project Values is final and is not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law.
Outside the Project, you may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent Intra-Project Values or Virtual Items and as expressly permitted by NEXTERS. The licenses granted hereunder to Intra-Project Values and Virtual Items will terminate upon the termination of these Terms and (or) the use of the Project.
The license granted to Intra-Project Values or Virtual Items ceases to be effective upon the removal of the Account within the Project.
If you are a resident of any EU Member State, you have certain withdrawal rights for purchases of Intra-Project Values or Virtual Items made with real currency. However, you expressly waive your withdrawal right once the performance of the Service in terms of obtaining initial access to the Project through your Account. You agree that: (i) download of Intra-Project Values or Virtual Items begins immediately after purchase; and (ii) you lose your right of withdrawal once the purchase is complete.
By using the Project and (or) the Services, you acknowledge and agree that: Under no circumstances will NEXTERS be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content, emailed or otherwise made available via the Project and (or) the Service (hereinafter referred to as “User Content”).
If you post any comments or User Content within the Projects and (or) the Service of NEXTERS, unless we expressly indicate otherwise, you grant NEXTERS and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content by any means and media whether now known or hereafter devised without any further notice or compensation of any kind to you, in connection with:
- providing and promoting the Project and (or) the Services; and/or
- exercising the rights under these Terms.
The license grant to NEXTERS survives any termination or revocation of these Terms. You may not upload, publish, post, distribute or disseminate any User Content that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and free speech) of other individuals including the Project’s team. You may not upload, publish, post, distribute or disseminate any User Content that promotes hatred towards groups based on their race or ethnic origin, religion, disability, gender, age and (or) sexual orientation/gender identity.
RULES OF PROJECT
The following list of restrictions is developed with general principles of humanity, legality and provision of equal conditions to users when using the Project and the Services, and is not exhaustive and does not cover all possible variants of unacceptable behavior. The main cases of unacceptable behavior shall be as follows:
- abusing and (or) insulting users and (or) NEXTERS. For this purpose, the “abusing and (or) insulting” shall include but not limited to a veiled insult, explicit language and obscene words as well as phrases delivered with intentional grammatical errors, replacement, separation or removal of symbols. It is also forbidden to use coarse, abusive and offensive expressions that go beyond cultural communication, or to threat users, NEXTERS or other persons;
- incitement of or starting up hatred on racial, national, religious, sexual, political or other grounds;
- provision of access to the Account to third parties, sale, exchange, gift, as well as any other use of the Account not related to direct use by the relevant user of the Project and (or) Services;
- placement of false and deceptive information regarding the Project and (or) Services, NEXTERS, users and other persons, as well as posting information of any kind for the purpose of fraud and (or) access to Accounts and personal data of other users;
- placement of erotic and pornographic materials or links to such materials as well as materials that promote narcotic substances and alcohol or links thereto;
- use of unauthorized third-party software when using the Services, including but not limited to: for hacking, fraud, application of bots and automation software and (or) changing the game process, the use of cheats and (or) methods that give the user an unreasonable advantage;
- begging in any form with respect to any individual or all users;
- placement of any advertising messages including proposals for promotional codes, Intra-Project Values, Virtual Items, assistance in the development of characters and Accounts, links to external web-sites, as well as mass and (or) repeated distribution of similar messages. Mention and discussion of other projects and (or) games is not allowed;
- dissemination of false or deceptive information about the fact of cooperation with NEXTERS, including work on the development of the Project and (or) Services, moderating the communication of users, as well as dissemination of information on how to harm, exploit vulnerabilities of the Project and (or) Services, NEXTERS web-sites, as well as dissemination and (or) disclosure of confidential information regarding the Services and plans for its development. For this purpose, the “confidential information” shall mean any information regarding the Services that has not been published by NEXTERS as official news;
- any actions (omission) that are not expressly provided above, but beyond the normal process of using the Project and (or) Services, and that, in the opinion of NEXTERS, violate applicable law, principles of morality and ethics and (or) are undesirable for the majority of users.
NEXTERS reserves the right to change or terminate, temporarily or permanently, the provision of the Services in whole or in part, with prior notification and, in case of emergency, without prior notice. You acknowledge and agree that NEXTERS shall not be liable for any changes in, suspension of access to the Project or termination of the provision of the Services.
The aforementioned rules apply both to the use of the Service and to all related services including but not limited to, specialized forums and fan groups in social networks.
For violation of the aforementioned rules, the following restrictions may apply to the user:
- restriction of access to the Project and suspension of the provision of the Services and (or) related services for a certain period;
- restriction of access to the Project and suspension of the provision of Services and (or) related services for an indefinite period;
- permanent termination of the Account.
NOTICE: You agree to follow the COPPA terms ("Children's Online Privacy Protection Act of 1998").
COMMUNICATIONS OF USERS
Your use of the Project and (or) Services may include your communication with other users of the Project and (or) Services, subject to other provisions of these Terms. The communication may be done through the Project and (or) Services, if such Project and (or) Services have functional abilities to operate such communication.
INACTIVE/DISABLED ACCOUNT POLICY
Accounts that have been inactive or disabled either by You contacting NEXTERS and requesting the Account be terminated, by You using NEXTERS’s administration tools to terminate the account, or by NEXTERS’s account service team due to these Terms or otherwise, may be permanently deleted at least seven (7) days, as applicable, after the date of the Account’s termination unless you agree to pay NEXTERS’s applicable maintenance fee for the inactive accounts.
For the purposes of this paragraph, the term “applicable maintenance fee” shall mean any monetary purchase of a limited license to use the Intra-Project Values, subject to these Terms.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PROJECT AND (OR) SERVICES IS AT YOUR SOLE RISK, AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER NEXTERS NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY REFERRED TO AS THE "NEXTERS PARTIES") WARRANT THAT THE PROJECT AND (OR) SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE PROJECT AND (OR) SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE NEXTERS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PROJECT AND (OR) SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE NOT TO SEEK TO HOLD THE NEXTERS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE PROJECT AND (OR) SERVICE AND OPERATORS OF EXTERNAL WEB-SITES, AND THAT THE RISK OF INFRINGEMENT OF YOUR RIGHTS AND (OR) DAMAGES FROM USING THIRD PARTY SERVICES AND EXTERNAL WEB-SITES RESTS ENTIRELY WITH YOU.
TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE NEXTERS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO THE NEXTERS PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF NEXTERS.
CLASS ACTION WAIVER
IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, BY ACCEPTING THE TERMS, YOU AND NEXTERS HEREBY AGREE: (i) THAT EACH CLAIM IS PERSONAL TO YOU AND NEXTERS, AND SHALL ONLY BE CONDUCTED AS AN INDIVIDUAL COURT PROCEEDING, AND NOT AS A CLASS ACTION OR OTHER FORM OF REPRESENTATIVE ACTION; (ii) EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS; AND (iii) THE COURT MAY ONLY CONDUCT AN INDIVIDUAL COURT ACTION, MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING RELATING TO SUCH CLAIMS. UNLESS YOU SUBMIT A PROPER OPT OUT NOTICE (AS DESCRIBED BELOW), YOU AND NEXTERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Severability of Class Action Waiver
You and NEXTERS agree that, no provision of this Class Action Waiver shall be enforceable against you or NEXTERS and all claims shall be governed by Governance Law and Jurisdiction provisions of these Terms, below, in the event either: (i) a court of competent jurisdiction conclusively determines that any term or provision of this Class Action Waiver is unenforceable, prohibited by applicable law, or inapplicable to any сlaim; or (ii) you submit a proper Opt Out Notice, wherein you have elected to opt out of this Class Action Waiver. In no event may the severance of the Class Action Waiver be interpreted or deemed to constitute consent by you or NEXTERS to participate in a class action.
Opt Out Procedure
You have the right to opt out and not be bound by the foregoing Class Action Waiver, by sending a written notice of your election to opt out from such Class Action Waiver (the “Opt Out Notice”), in strict compliance with the following requirements of paragraphs (i) – (iii):
- Form & Address
Your Opt Out Notice must be sent to the following address: NEXTERS GLOBAL LIMITED, 107 Faneromeni Avenue 6031, Larnaca, Cyprus, and either by: (a) first class mail, postage prepaid, certified and return receipt requested; or (b) overnight courier service.
- Time Limitations
Unless a longer period is required by applicable law, your Opt Our Notice must be postmarked (if sent by first class mail) or deposited (if sent by overnight courier service) within 30 days of the date on which you first accessed to your Account in the Project.
- Required Information
Your Opt Our Notice must include: (i) the title of the Project to which your Opt Out Notice is intended to apply; (ii) your first and last name; (iii) your address; (iv) your phone number; (v) your email address; (vi) if you are a registered user of the Project, each of your usernames for the Project; and (vii) a statement that you do not agree to the Class Action Waiver. NEXTERS may use the foregoing information included in the Opt Out Notice to record, process, maintain, and administer your opting out of the Class Action Waiver, as applicable, but not for marketing purposes.
- Effects of Proper Opt Out Notice
If your Opt Out Notice meets all of the above requirements, you and NEXTERS will be deemed to have opted out of the Class Action Waiver, subject to your statement in such Opt Out Notice, with respect to these Terms. Submission of a valid Opt Out Notice applies only to Claims arising from or relating to the Project identified therein, as between NEXTERS and the individual identified in such Opt Out Notice.
- Effects of Improper Opt Out Notice
If you submit an Opt Out Notice that fails to meet any of the requirements set forth in paragraphs i – iii, you and NEXTERS will be bound by the Class Action Waiver set forth in these Terms.
If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
The failure by NEXTERS to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of NEXTERS’s right or remedy.
We may make changes to these Terms from time to time and we will publish the changes at this link. Changes will be effective when published. Please review these Terms on a regular basis. You acknowledge and agree that you express acceptance of the Terms of Services after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate these Terms in accordance with the set forth below.
If we are unable to provide the Services as a result of force majeure, we will not be in breach of any of its obligations towards you under these Terms.
Governance Law and Jurisdiction
These Terms are governed by and construed in accordance with applicable law of the Republic of Cyprus, without regard to its conflicts of law provisions, including those that might imply the use of law of another jurisdiction. You agree that the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to any dispute or transaction arising under these Terms.
Exclusive jurisdiction and venue for any judicial proceedings concerning the subject matter of these Terms has the competent court of the Republic of Cyprus, and each party waives any objection to the jurisdiction and venue of these courts. However, we reserve the right to seek a cancellation of any injunction relief in any jurisdiction where we deem it necessary.
These Terms are made in English language. We can provide you with a French, German, Italian, Spanish and Portuguese translation of these Terms. In the event of any inconsistency between a non-English translation of these Terms and the English version, the English version shall prevail.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FOR THE PROJECT. BY CONTINUING TO USE THE SERVICES OF THE PROJECT YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS YOU GRANT TO NEXTERS THE RIGHTS SET FORTH HEREIN.
NEXTERS GLOBAL LIMITED
107 Faneromeni Avenue 6031, Larnaca, Cyprus