Last updated: July 3, 2018.
We welcome you to use the services of Next Games Corporation and its affiliates (“Next Games”, “we”, “us”, “our”). Next Games provides mobile and online services, including but not limited to Next Games game applications (the “Game(s)”), and the related website located at www.nextgames.com (the “Site”), (the Games, the Site and other online and mobile services provided by Next Games collectively, the “Service”).
NOTE: THE FOLLOWING PARAGRAPH DOES NOT APPLY IN CIRCUMSTANCES IN WHICH THE LAWS APPLICABLE IN THE RELEVANT JURISDICTION PROHIBIT ITS APPLICATION.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION, AS WELL AS A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND A CLASS ACTION WAIVER. THIS MEANS THAT WHEN YOU AGREE TO THIS AGREEMENT, YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO SERVICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. YOU MAY OPT-OUT OF ARBITRATION BY FOLLOWING THE PROCEDURE DESCRIBED BELOW.
The terms “you” and “user” shall refer to all individuals and entities that access the Service. You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms.
In addition to these Terms, you agree to abide by any supplemental policies of the Service, such as policies related to specific services (including without limitation forums, chats, contests or sweepstakes) as well as all other operating rules, policies and procedures that may be published from time to time on the Service, each of which is incorporated herein by reference.
Based on these Terms:
- You are responsible for your account, including any charges and use of your account, whether by you or any third party.
- You are responsible for your safety and for complying with the law while playing the Game.
- Certain features of the services are subject to a fee and you may get a license to Virtual Items, which may not be redeemed for monetary value.
- Payments made for Virtual Items are non-refundable.
- We use location-based technology to provide the Service, and your location may be tracked or shared with other players to enable your participation in the location-based Games.
- We may, but have no obligation to, monitor user conduct on the Service. You are solely responsible for your conduct, the content you submit on the Service and your interactions with others.
1. CHANGES TO THESE TERMS
From time to time, we may modify or amend these Terms. We will notify you of any material changes to these Terms through the Service. You can tell when changes have been made by referring to the “Last Updated” legend on top of this page. Please review these Terms regularly to ensure that you are aware of any changes.
2. ELIGIBILITY; USER ACCOUNTS
Eligibility. Use of the Service is subject to your continued compliance with these Terms. The Service is intended solely for persons who are 13 years of age or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service you represent and warrant that you have reached the age of “majority” where you live and agree to be bound by these Terms, or, if you are still considered a minor, that you are at least 13 or older and have a parent’s or guardian’s permission to access and use the Service.
User Accounts. Certain parts of the Service may require or allow registration of a Next Games user account (“User Account”). When you create an account, you agree:
- not to provide inaccurate, misleading or false information about yourself;
- to update your information as needed so that it remains accurate;
- not to share your account information (including your password and user name) with third parties;
- that you are responsible for all activity on your account, including its security, any purchases made under your account will be your responsibility, whether or not authorized by you;
- to notify us immediately if you believe that your User Account has been accessed without your authorization, or if you believe there has been some other breach of the security of the Service.
We have a right to refuse the registration for any reason. Registration can be limited, for example, in terms of territory. We have the right to suspend or terminate your account, with or without notice, and refuse any and all current or future use of the Service due your violation of the Terms, or for any other reason.
We reserve the right to remove any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
3. SAFE PLAY
While using the Service, including during game play, please be aware of your surroundings at all times and play safely. YOUR USE OF THE SERVICE AND YOUR USE OF THE GAMES IS AT YOUR OWN RISK. You agree not to: (a) use the Service to violate any applicable law, rule or regulation (including without limitation laws pertaining to trespass and similar laws) or these Terms, or to encourage or enable any other person to violate any applicable law, rule or regulation or these Terms; (b) inflict emotional distress or other harm on other people; (c) assault, threaten, or humiliate other people; (d) enter into or onto private property without explicit permission of the property owner; or (e) otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
4. FEES; PURCHASES; VIRTUAL ITEMS
Fees and Purchases. Certain features of the Service may be subject to a fee. You may be required to pay for certain services, including through an exchange for virtual currency, or a purchase of certain virtual, in-game items, upgrades or participation in certain Game activities. Any applicable fees are displayed on the Service in connection with the respective feature of the Service. We do not warrant that feature specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, we shall have the right to refuse or cancel any orders in our sole discretion. If we charged your payment method prior to our cancellation, we will issue a credit to you in the amount of the charge. We may, from time to time, modify, amend, or supplement our fees and billing methods, and post those changes in these Terms or elsewhere on the Service.
Your License to Virtual Items. In particular, Next Games may license to you virtual, game currency or certain virtual goods such as in-game items (collectively, “Virtual Items”) on a limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for personal, non-commercial use. You may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use Virtual Items from Next Games using actual monetary instruments or using virtual currency if you are a legal adult in your country of residence. Any Virtual Items are licensed, not sold to you. Virtual Items (including game currency) may never be redeemed for actual monetary instruments, goods or other items of monetary value from Next Games or any other party. Unless expressly authorized in the Service, you agree not to sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to another user or any third party.
Payments; No Refunds. You may pay using the methods available for the particular services, which may include credit card, debit card, PayPal, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. By providing us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize us to charge you for the Service using your provided payment method. You must promptly update all billing information to keep it current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your credit card is canceled, lost or stolen.
We may manage, regulate, modify, control or eliminate Virtual Items at any time in our sole discretion, with or without notice. If we exercise such rights, we will have no liability to you or any third party. Please note that Virtual Items are not transferable, and that we are not responsible for any Virtual Items that are lost, damaged, deleted or otherwise used inappropriately, or for game play interruptions or premature game termination, regardless of cause, that result in Virtual Items being spent.
Provision of Virtual Items is a service that Next Games offers to you as a part of the Service. By paying the applicable fees you acknowledge and agree that our provision of the Virtual Items commences immediately upon you subscribing to or purchasing such service and therefore any right of withdrawal or right of cancellation or “cooling off” period does not apply.
You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits, in which case the terms and conditions applicable to such third party virtual currency apply in addition to these Terms.
ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. IN PARTICULAR, ANY PAYMENT FOR LICENSES FOR VIRTUAL ITEMS OR REDEMPTION OF THIRD PARTY VIRTUAL CURRENCY IS ALWAYS FINAL AND NON-REFUNDABLE.
You agree to pay all fees and applicable taxes incurred by you or anyone using your User Account. We reserve the right to change the pricing for the goods and services offered through the Service, including the Virtual Items, at any time. UNLESS PROHIBITED BY LAW, YOU ACKNOWLEDGE THAT WE ARE NOT OBLIGATED TO PROVIDE ANY REFUNDS FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT BE ENTITLED TO RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS TERMINATED OR SUSPENDED FOR ANY REASON, REGARDLESS OF WHETHER SUCH TERMINATION OR SUSPENSION WAS VOLUNTARY OR INVOLUNTARY.
You are solely responsible for any costs you incur to access the Service through any Internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or wireless carrier’s network. Check with your carrier to determine the fees that apply.
5. THIRD PARTY MATERIAL
The Service contains links to websites and content owned and/or operated by third parties. Such links are provided for informational purposes only. We are not responsible for any such third-party websites or content and do not have control over any materials made available therein. Our inclusion of a link to a third-party website or content in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or content or any materials made available therein. By accessing a third-party website or content you accept that we do not exercise any control over such websites or content. We have no responsibility for such third-party websites or content. We encourage you to familiarize yourself with the terms of service applicable to any third-party website or content you may access. In particular, and without limiting the foregoing, the Service or parts thereof may utilize Google Maps functionality and by accessing and using the Service, in addition to these Terms, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service.
We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party products, services, materials or websites. Please note that the applicable third party is fully responsible for all goods, materials and services it provides to you and for any and all damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part.
6. LOCATION-BASED FEATURES
By using the Service, you agree that we may access your device in order to allow for or optimize your use of the Service. For instance, the Game may access, use and read accounts, settings, data and/or content on your device, and/or add content to your device, and change settings of your device, for reasons such as saving Game images, sound files and writing usage logs to the device; sending social media messages you initiate; sending and receiving data needed for Service operations; and to provide you notice when you are not connected to a network. You consent to these activities by installing the Game or otherwise using the Service. Your device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with the Game by uninstalling the Game.
7. OUR INTELLECTUAL PROPERTY RIGHTS
These Terms confer only the right to use the Service while these Terms and the specified licenses are in effect and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service and all content existing or created in or through the Service will remain our sole property. Next Games retains all right, title and interest in and to the Service and any content available therein, including, but not limited to, any Games, titles, source and object codes, Game client and server software, other computer codes and software, User Accounts, themes, objects, characters and character likenesses, character names and character profile information, stories, dialogue, catch phrases, locations, artwork, animations, sounds, musical compositions, audio-visual effects, concepts and methods of operation, layout, text, data, files, images, graphics, the “look and feel” of the Service, documentation, gaming history and recording of game play, transcripts of any chat rooms, and moral rights, whether registered or not, and all applications thereof.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE USER ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE USER ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF NEXT GAMES. YOU AGREE THAT YOU HAVE NO RIGHT OR TITLE IN OR TO ANY CONTENT THAT APPEARS IN THE SERVICE, INCLUDING WITHOUT LIMITATION THE VIRTUAL ITEMS (INCLUDING CURRENCY) APPEARING OR ORIGINATING IN ANY NEXT GAMES GAME, WHETHER EARNED IN A GAME OR PURCHASED FROM NEXT GAMES, OR ANY OTHER ATTRIBUTES ASSOCIATED WITH A USER ACCOUNT OR STORED ON THE SERVICE.
8. OUR LICENSE TO YOU
Subject to your compliance with these Terms and without prejudice to any other terms set forth in these Terms, we grant you a limited, non-exclusive, revocable and non-assignable license, without the right to sublicense, to access, download and use the Service on any authorized device you own and control, solely for your personal, non-commercial entertainment use. We reserve all rights in the Service not expressly granted to you in these Terms.
You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Service.
Except as expressly specified in these Terms or in the Fan Content Policy, you agree not to:
- reproduce the Service or any part thereof in any form or by any means;
- copy or modify, or create derivative works of the Service or any part thereof (including but not limited to any software that forms part of the Service), including, without limitation, make adaptations or modifications to the Service;
- sell, rent, lease, distribute, transfer, license, sublicense, lend or otherwise assign any rights to, or any part of, the Service to any third party;
- exploit the Service in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity;
- make the Service available to multiple users by any means, including without limitation by uploading the Service to a file-sharing service or other type of hosting service or by otherwise making the Service available over a network where it could be used by multiple devices at the same time;
- disassemble, decompile, reverse engineer, or attempt to derive the source code of the Service, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law;
- misrepresent the source of ownership of the Service;
- scrape, build databases or otherwise create permanent copies of any content derived from the Service;
- commercially exploit the Service;
- transmit any viruses, malware, or other malicious code to the Service;
- use the Service or any content that appears in the Service in any manner to, or to incite others to, harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
- use the Service or any content that appears in the Service to create within or outside the Service (e.g. in social media) abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, or rights of privacy or publicity).
You agree to comply with any technical restrictions in the Service that allow you to use the Service only in certain ways.
The license to use the Service granted under these Terms remains in effect until terminated by you or us. You may terminate the license at any time by destroying all copies of the Service in your possession or control. Without prejudice to any other terms set forth in these Terms, the license will automatically terminate without notice from us if you in any way breach any provision of these Terms. Upon termination in accordance with these Terms for any reason, you must cease all use of the Service and promptly delete and destroy all copies, full or partial, of the Service. Your termination of the license for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
9. USER CONTENT
(a) Responsibility for User Content
You are solely responsible for any text, communications, images, and other data, information and content that you submit in the Service, or transmit to other users of the Service (collectively, “User Content”). You are responsible for complying with all laws applicable to your User Content. You agree not to submit to the Service, or transmit to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, or rights of privacy or publicity). You will not provide inaccurate, misleading or false information to us or to any other user of the Service. If information provided to us, or another user of the Service, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. We may, in our sole discretion and without notice, review and delete any User Content, but are under no obligation to do so.
(b) Content Screening
We have no responsibility for the conduct of any user in or outside the Service, including without limitation any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all use of the Service or all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive or inaccurate. At our discretion, we may, but we have no obligation to, engage in monitoring and/or recording of your use of the Service, including any communications such as forum posts or chat messages. By accepting these Terms, you provide your irrevocable consent to such monitoring and recording.
You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation text or voice communications. For the avoidance of any doubt, regardless of whether we, in our sole discretion, choose to monitor the Service, we shall not be responsible for any User Content and assume no obligation to modify or remove any inappropriate User Content.
(c) Rights to User Content
(d) Prohibited Content
The following types of User Content are examples of User Content that is prohibited in the Service:
- User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harassing User Content;
- “Junk mail”, “chain letters,” or “spam”;
- User Content that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; and
- User Content of commercial nature without authorization from us.
If you see any material in the Service that in your good faith belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by contacting us at email@example.com.
For instructions on how to report intellectual property issues, please see section10 (“Copyright Infringement”) below.
(e) User Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, bug reports or other information about the Service (“Submissions”) provided by you are non-confidential and shall become our sole property and you assign all rights in these Submissions to Next Games. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
(f) Interactions with Other Users
We wish to remind you that you are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Without prejudice to the above, we reserve the right to become involved in any way with these disputes, but are in no obligation to do so. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of your User Account.
10. COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you see any material on the Service that in your good faith belief may infringe someone’s copyright, you may notify us by e-mailing us at firstname.lastname@example.org and by inserting “Copyright” in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information: (i) the identity of the original copyrighted work that you claim is infringed or – if your notice covers multiple copyrighted works – you may provide a representative list of the copyrighted works that you claim have been infringed; (ii) a sufficiently detailed description of the content on the Service that you claim infringes the copyrighted work; (iii) your contact information, including your full name, mailing address, telephone number, and email address, if available; (iv) a statement that you believe in good faith that the use of the allegedly infringing content on the Service is not authorized by the copyright owner, its agent, or the law; and (v) this statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed”; and (vi) a physical or electronic signature of the copyright holder or a person authorized to act on their behalf.
11. PRIVACY AND SECURITY
The Service may include social media functionalities and/or plug-ins that enable you to share certain content (such as scores or communications) with other people. Please be careful when sharing content that includes personal data generally in the Service and in particular with other users of the Service.
- Respect the privacy of other users;
- Not engage in unauthorized collection of users’ content or information, and/or not otherwise access the Service by automated means (including, but not limited to, so-called bots or scrapers) without an authorization from us;
- Not reveal any personal data related to another individual, including, but not limited to, a person’s address, phone number, e-mail address, photograph, credit card number or any information that may otherwise be used to track, contact or impersonate another individual;
- Not utilize a username that is the name of another person and intending to impersonate that person; and
- Not provide any false personal data to us or create any User Account for anyone other than yourself without such person’s permission. Moreover, please be reminded that you must protect any passwords or other credentials associated with your User Account for the Service, and take full responsibility for any use of the User Account under your password.
12. NO WARRANTY; LIMITATION OF LIABILITY
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE OR ANY CONTENT THEREON. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED IN THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS, ACCRUED BUT WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY ANY ADVERTISERS OR AFFILIATE ADVERTISING NETWORKS WE COOPERATE WITH, OR ANY OTHER USERS OF THE SERVICE; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE SERVICE OR RELIANCE UPON THE SERVICE OR ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS REMOVES OR SUPERSEDES YOUR RIGHTS AS A CONSUMER BASED ON MANDATORY PROVISIONS OF LAW.
PLEASE BE REMINDED THAT WE ARE NOT UNDER ANY CIRCUMSTANCES LIABLE FOR ANY DAMAGES, CLAIMS, LIABILITIES OR COSTS THAT YOU MAY INCUR OR SUFFER IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY ANY THIRD PARTIES WE COOPERATE WITH. YOU WAIVE AND RELEASE NEXT GAMES AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF SUCH THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICE.
You agree to indemnify and hold Next Games (and our subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach or alleged breach of these Terms, your User Content, your use of the Service and conduct in connection with the Service, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
14. ENTIRE AGREEMENT
15. WAIVER AND SEVERABILITY
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
16. BINDING ARBITRATION; JURY TRIAL AND CLASS WAIVER
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case we may pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. We also reserve the right in our sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration may be conducted in Los Angeles, CA. The arbitrator’s award shall be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction.
As an exception to the binding arbitration rule, to the extent the Dispute arises from (a) a violation of our intellectual property rights; (b) any claim related to, or arising from, allegations of a violation of the safe play, license restrictions, prohibited content or prohibited activities sections of these Terms; or (c) any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or equivalent urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, in lieu of arbitration, either party may assert an individual action in small claims court for claims that are within the scope of such court’s jurisdiction.
To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. YOU EXPRESSLY AGREE THAT NO OTHER DISPUTES SHALL BE CONSOLIDATED OR JOINED WITH YOUR DISPUTE, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE, AND THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS, TO UTILIZE CLASS ACTION PROCEDURES, OR TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
(a) You may opt out of this obligation to arbitrate. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out: Next Games Corporation, Attn: Legal Department, Aleksanterinkatu 9 A, FI-00100, Helsinki, Finland. You must include your name and residence address and a clear statement that you want to opt out of this arbitration clause.
To begin an arbitration proceeding, you must send a letter to us at Next Games Corporation, Attn: Legal Director, Aleksanterinkatu 9 A, FI-00100, Helsinki, Finland requesting arbitration and describing your claim.
17. GOVERNING LAW AND RESOLUTION OF DISPUTES
If you are a United States resident, the laws of the State of California, without regard to or application of its conflict of law provisions, will govern these Terms. If you are a resident of a country other than the United States, the laws of Finland, without regard to or application of its conflict of law provisions, will govern these Terms and any claim, cause of action or dispute arising out of or relating to these Terms will be brought solely in the courts of Helsinki, Finland. You hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST NEXT GAMES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
19. SUSPENSION OF USER ACCOUNT; TERMINATION
We reserve the right to discontinue offering the Service or any part thereof (such as any particular Game), make changes to the Service, or to suspend, remove, modify or disable access to the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service and/or your User Account at any time. In no event will we be liable for the removal of or disabling of access to the Service or any part thereof. We may also impose limits on the use of or access to the Service, in any case and without notice or liability. Upon termination of the Service or a part thereof, your license to use the Service or a part thereof will be automatically terminated. In such event, Next Games shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING OR ANY OTHER REMEDIES AVAILABLE TO US, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR USER ACCOUNT AND/OR ACCESS TO THE SERVICE IF YOU ARE, OR WE IN OUR SOLE DISCRETION SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS INCLUDED IN THESE TERMS OR WITH ANY LAWS OR REGULATIONS, OR IN ANY OTHER WAY HAVE USED THE SERVICE UNLAWFULLY OR IMPROPERLY OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR ANY NEXT GAMES POLICIES. YOU CAN LOSE YOUR USER NAME AND GAMER PROFILE AS A RESULT OF SUCH TERMINATION OR SUSPENSION, AS WELL AS ANY VIRTUAL ITEMS OR BENEFITS OR PRIVILEGES. PLEASE NOTE THAT NEXT GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES. WE RESERVE THE RIGHT TO TERMINATE ANY USER ACCOUNT THAT HAS BEEN INACTIVE FOR 100 DAYS.
20. TERMS APPLICABLE FOR APPLE IOS
If you are accessing or using the Service through an Apple device, the following applicable additional terms and conditions are applicable to you and are incorporated into these Terms by this reference:
(a) To the extent that you are accessing the Service through an Apple device, you acknowledge that these Terms are entered into between you and Next Games and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(b) The license granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service and any third party terms of agreement applicable to the Service.
(c) You acknowledge that Next Games, and not Apple, is responsible for providing the Service and content thereof.
(d) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
(e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
(f) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Next Games, Next Games, and not Apple, is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth in section 12 above, Next Games’ liability to you for use of the Service is greatly limited.
(g) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
(i) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
21. TERMS APPLICABLE TO LOCATION BASED GAMES
The Service is operated and provided by Next Games Corporation (company ID No. FI25360723). If you have any questions about these Terms, please contact us at email@example.com or by mailing us at Next Games Corporation, Aleksanterinkatu 9 A, FI-00100, Helsinki, Finland.