TERMS OF SERVICE (HEREINAFTER THE “TERMS”) OF THE NEXTERS PROJECT (THE “PROJECT”).
(Version dated by the June 22, 2023)
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 INC.
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").
Certain countries maintain legal restrictions on the usage of the Service and (or) downloading, installing and/or using of products, portions of products, or software that are or might be available through the Service. You expressly represent that you comply with all applicable legal restrictions in your jurisdiction. You are not permitted to use our Product if you are, or if you are owned or controlled directly or indirectly by, a person that is the target of export control restrictions, embargoes, or economic or trade sanctions maintained by the United States (including the U.S. Department of the Treasury’s Office of Foreign Asset Control (“OFAC”), the U.S. Department of Commerce, or the U.S. Department of State), the United Nations Security Council, the European Union, any European Union member state, or Her Majesty’s Treasury of the United Kingdom (collectively, “Sanctions”), including any person (a) named on any Sanctions-related list of designated persons, including the Specially Designated Nationals and Blocked Persons List maintained by OFAC, or the Entity List maintained by the U.S. Department of Commerce, the “Consolidated list of persons, groups and entities subject to EU financial sanctions” maintained by the European Union, or the “UK Consolidated List of Asset Freeze Targets” maintained by Her Majesty’s Treasury of the United Kingdom; or (b) operating, organized, or resident in a country or territory that is the target of comprehensive Sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea region) (collectively, a “Prohibited Person”). By using our Product you represent and warrant that (i) you are not (nor are you owned or controlled by, or acting for or on behalf of, directly or indirectly) a Prohibited Person; (ii) you are not prohibited by any Sanctions from using Nexters’ Product; and (iii) you will not provide access to the Product to any Prohibited Persons.
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.
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.
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 INC, 3101, Cyprus, Limassol, 55 Griva Digeni, 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.
3101, Cyprus, Limassol, 55 Griva Digeni