Terms of Service («Terms») of the NEXTERS project (the “Project”).
NEXTERS is a virtual interaction platform between users and the products of NEXTERS GLOBAL LIMITED, which is its exclusive owner and administrator. “Service(s)” refers to your use of Project for any purpose whatsoever.
PLEASE READ CAREFULLY BEFORE USING GAMES 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 entity) and NEXTERS GLOBAL LIMITED (“NEXTERS” or “we” or “us”).
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 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. It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any applicable laws.
In some countries there exist legal and/or other restrictions on usage of the Services and/or downloading, installing and/or using of products, portions of products, software which are or might be available through the Services. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction.
INTELLECTUAL PROPERTY RIGHTS
Please note that these rules do not create any third party rights or create any private right of action, but may be enforced solely by NEXTERS in its sole discretion.
NEXTERS does not take action to enforce these rules in a particular instance will not be considered a waiver of any right to do so in the future or in other situations.
By using the NEXTERS 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 NEXTERS and/or the Service.
If you post any comments or Content to the NEXTERS, unless we indicate otherwise, you grant NEXTERS and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content in connection with: providing and promoting the Services; and/or exercising the rights granted in these Terms.
You may not upload, publish, post, distribute or disseminate any Content that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others or the Project.
You may not upload, publish, post, distribute or disseminate any Content that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age and/or sexual orientation/gender identity.
Your use of the Services of the Project and all Content you posted on, transmitted through or linked from the NEXTERS and/or the Mobile applications (If applicable) is in compliance with the rules set forth in these Terms and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.
NOTICE: You agree to follow the COPPA terms ("Children's Online Privacy Protection Act of 1998").
COMMUNICATIONS OF THE USERS
Your use of services includes your right to communicate to other users of the Project with respect to the other regulations set in this Terms. Such communications shall have to be done with products and separate services of the Nexters project, which has such functional abilities.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE OF THE PROJECT 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, "NEXTERS PARTIES") WARRANT THAT THE 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 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 SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND YOU AGREE NOT TO SEEK TO HOLD THE NEXTERS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE NEXTERS BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO NEXTERS.
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 THE 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.
These Terms constitute relationship between you and NEXTERS with respect to your use of the Project.
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. The changes will be effective when published. Please review the Terms on a regular basis. You acknowledge and agree that your express acceptance of the Terms or your use of the 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.
These Terms shall be governed by and interpreted in accordance with English law without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms shall by Court of Cyprus, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, we reserve the right to seek injunction relief in any jurisdiction when we deem it necessary.
These Terms are in English. We can provide you with a translation of the French, German, Italian, Spanish and Portuguese versions of these Terms. In the event of any inconsistency between a non-English version 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
Suite 56 Stavrou Avenu, Karyatis Centre, Block A2, off. 104, 2035 Strovolos, Nicosia, Cyprus