TERMS OF USE

 

THIS AGREEMENT GOVERN YOUR RELATIONSHIP WITH NEXT GENIUM FZCO, A COMPANY INCORPORATED IN IFZA, UAE WITH LICENSE NUMBER 37310 (HEREINAFTER REFERRED TO AS “NEXT GENIUM”) IN RELATION TO USE OF THE NEXT-GENIUM.COM WEBSITE AND ANY OF NEXT GENIUM GAMES (HEREINAFTER REFERRED TO AS THE “SERVICES”) PROVIDED TO YOU BY THE COMPANY. YOU MAY USE THE SERVICES ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. USING THE SERVICES INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS OF USE”; “AGREEMENT”), DO NOT USE THE SERVICES.

 

1. GENERAL TERMS AND ACCEPTANCE OF THIS AGREEMENT

The Company makes Services including all information, graphics, documents, text, products and all other elements of the Services available for your use subject to the terms and conditions set forth in this document and any additional documents available at the Next Genium website. By accessing and using the Services you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use any of the Services.

2. LIMITED LICENSE

Limited License

Subject to your agreement and your continued compliance with these Terms and all relevant Next Genium policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license subject to the limitations below to access and use our Services for your own personal (i.e., non-commercial) entertainment purposes. You agree not to use our Services for any other purpose. You also agree to comply with all applicable laws when accessing or using the Services. Any rights not expressly granted herein are reserved by Next Genium and its licensors.

Any use of the Services in violation of the license restrictions contained in this Section 2 is strictly prohibited. To the fullest extent applicable under law, we reserve the right to determine whether one’s conduct violates these Terms, and to take any action we deem appropriate in accordance with these Terms, including but not limited to removing objectionable content and/or suspending or terminating access to the Services or any portion thereof.

Restrictions

You specifically agree to the following license restrictions in connection with the Services:

• If you are under the age of 18, or under the age of legal majority in your jurisdiction, you may not access or use our Services without permission from a parent or legal guardian.
• If you have been previously banned from accessing our Services, you are prohibited from re-accessing the Services.
• You are prohibited from using our Services for commercial purposes.
• You are prohibited from using our Services to advertise, solicit, or transmit any commercial advertisements, which include but are not limited to chain letters, junk, spam, or repetitive messaging (whether targeted or not targeted).
• You are prohibited from creating an Account on someone else’s behalf.
• You are prohibited from creating an Account using inaccurate or false information.
• You are prohibited from renting, selling, gifting, or giving away your Account or Account-related information.

 

You shall not:

• Engage in acts that are inappropriate and/or in conflict with the spirit or intent of the Services or these Terms.
• Attempt to gain unauthorized access to, circumvent, modify, disrupt, overburden, or otherwise impair any aspect of our Services (including Accounts of others) or related technology, devices, systems, or networks.
• Engage in unlawful, abusive, threatening, obscene, defamatory, libelous, harassing, hateful, violent, racist, or otherwise objectionable or offensive acts, whether by posting and/or transmitting such information through our Services, or by any other means (e.g., by posting links to such content).
• Engage in acts or attempts to abuse, threaten, harm, harass, or advocate or incite harassment and/or violence towards another person, group, our employee(s), or our Services, or engage in any acts in violation of other publicly posted Next Genium policies (e.g. our forum rules).
• Use our Services to post, supply or make available any material or information that infringes on any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other right of a person or entity.
• Use our Services to post, display, or transmit any other person or entity’s private information, including personally identifiable and/or financial information.
• Copy or reproduce (except as expressly permitted), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Services.
• Seek to obtain advantage or information from our Services using methods not expressly permitted by Next Genium.
• Engage in solicitation or attempted solicitation of personal information from other users of our Services.
• Institute, engage in, assist with, or become involved in any form of attacks upon our Services, including but not limited to denial of service attacks, creation or distribution of viruses or malware, or attempts to disrupt our Services or others’ enjoyment of our Services.
• Create, use, offer, promote, advertise, make available, and/or distribute exploits, cheats, bots, software, hacks, mods or any unauthorized third-party code or software that can be used to interfere with, alter or modify our Services, or that can be used in conjunction with our Services.
• Impersonate another person, including without limitation any other user or any Next Genium employee.
• Use our Services to violate any applicable law or regulation.
• Use our Services for any activities other than what are reasonably considered the common and usual activities associated with the Services for general entertainment.
• Encourage anyone to engage in the foregoing.

 

3. OWNERSHIP

The Services and all rights, title, and interest therein are and shall remain the property of Next Genium or its licensors. This may include without limitation all games, mobile applications, software (including server software), websites, titles, characters, character names or profiles, stories, dialogue, animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, moral rights, in-game chat transcripts, all recordings of games and game play, and Virtual Items appearing and/or originating in our Services, whether provided, earned or purchased. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services, except for the limited license granted in the section “Limited License” above; or (ii) to use or reference Next Genium or its licensors’ company name(s), logos, product and service names, or marks.

You acknowledge and agree that you will have no ownership or other property interest in any Account created in connection with the Services. You further acknowledge and agree that all interest in and rights to any such Account are and will be owned in perpetuity by and solely for the benefit of Next Genium.

 

4. USER CONTENT

We may permit you or other users to submit, upload, publish, transmit, or otherwise make available to us materials, data, information, communications, pictures and sounds using the Services (“User Content”). Your User Content remains your property. However, once you make User Content available on the Services, you grant to Next Genium an irrevocable, perpetual, transferable, sublicensable, fully paid-up, royalty-free, worldwide right and license to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with the Services, including marketing and promotion of the Services, without notice to or consent from you, and without compensation to you or any other person or entity. You further hereby grant to Next Genium the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material submitted or transmitted to Next Genium in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether User Content is altered or changed in any manner.

As a user, you are personally and solely responsible for all information you post and/or send, transmit, or provide to others in connection with our Services, including but not limited to User Content you post in forums, blogs, and player chat features. Please do not use these mediums to share or post information you wish to remain confidential. You represent, warrant, and affirm that your User Content is accurate, that it does not violate any applicable laws or rights of others, that you have the appropriate permissions or rights from any third parties whose information or intellectual property is comprised in the User Content, and that your User Content is free of malware, viruses, adware, spyware, or any malicious code. You agree not to submit and/or transmit any User Content that is unlawful, tortious, defamatory, libelous, obscene, threatening, harassing, abusive, violent, hateful, racist, or otherwise objectionable or inappropriate. We do not assume any liability or responsibility for any user behavior or for monitoring User Content or conduct in connection with the Services. We may, but are not obligated to review, monitor, reject, deny, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.

User Content may be processed by us in accordance with our Privacy Policy. Please contact us if you have questions regarding your User Content or Account by emailing us at support@next-genium.com.

Specific terms in relation to creation and use of Fan content based on Next Genium IP are established in Fan content policy available on the website.

 

5. UPDATES TO OUR SERVICES

You understand that our Service is a developing and evolving one. Next Genium may require that you accept updates to our Services. While Next Genium will make all reasonable efforts to inform you of any such updates, you acknowledge and agree that Next Genium may update our Services, with or without informing or otherwise notifying you. You may need to update third-party software from time to time in order to receive our Services and/or play our games.

 

6. DISCLAIMER OF WARRANTIES

Without limiting Next Genium’s liability under Section 7 below, the Services are provided on an “as is” and “as available” basis for your use, with no warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Next Genium does not warrant that you will be able to access or use our Service at the times or locations of your choosing; that our Services will be of a certain quality or suitability, or will be uninterrupted or error-free; that defects will be corrected; or that our Services are free of viruses or other harmful components.

 

7. LIMITATION OF LIABILITY AND INDEMNIFICATION

Next Genium will not be liable to you for any indirect, incidental, consequential, special, exemplary, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms or our Services, whether based on contract, tort or any other legal theory, and whether or not Next Genium has been advised of the possibility of such damages. Next Genium will not be liable to you for more than the amount you have paid to Next Genium in accordance with these Terms in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Next Genium during such time period, your sole remedy (and Next Genium’s exclusive liability) for any dispute with Next Genium is to stop using the Services and to cancel your Account. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

To the extent that Next Genium may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Next Genium’s liability will be the minimum permitted under such applicable law. In particular, nothing in these Terms will 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 Next Genium. This provision shall have no effect on the choice of law provision set forth below.

You agree to indemnify, save, and hold Next Genium, its affiliated companies, officers, directors, contractors, employees, agents, third-party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, including legal fees and expenses, arising out of or relating to: (i) your use or misuse of our Services or goods or services obtained in connection therewith; (ii) your breach or violation of these Terms; (iii) our use of your User Content; or (iv) any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such matter upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of our Services.

 

8. APPLICABLE LAW AND DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

This Agreement shall be governed, construed, and enforced in accordance with the law of Dubai Integrated Economic Zones, UAE.

The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The party receiving the claim is obliged to respond in writing to it within 10 (ten) days from the date of receipt.

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by courts of Dubai Integrated Economic Zones, UAE.

 

9. GENERAL PROVISIONS

You and Next Genium agree that if any portion of these Terms is found unlawful or unenforceable, in whole or in part, that provision will be ineffective only to the extent of such finding in such jurisdiction, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which will be enforced to the fullest extent of the law.

Next Genium may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your approval. You may not assign and/or delegate any of the rights or obligations you have under the Terms unless you obtain Next Genium’s prior written approval. Any such assignment and/or delegation without Next Genium’s prior written approval is ineffective and in violation of these Terms.

We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, pandemic, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

These Terms, including any additional policies and documents referenced in this agreement, are the entire agreement between you and Next Genium. They supersede all prior understandings between you and Next Genium, regardless of the medium (oral, written electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated.

Any failure of Next Genium to enforce any right or provision in these Terms shall not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing. The express waiver by Next Genium of any provision, condition, or requirement of these Terms will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Next Genium will be deemed a modification of these Terms or legally binding, unless documented in physical writing, hand signed by both you and a duly appointed officer of Next Genium.
We may give notice to you via: (i) postings on the Services; (ii) email, telephone, or text message to any email address or phone number connected with your Account; (iii) written communication sent by mail to any address connected with your Account. All notices given by you or required from you under these Terms must be in writing and addressed to: NEXT GENIUM – FZCO, IFZA Business Park, DDP, premise number 37310 — 001. Any notices that you provide without compliance with this subsection will have no legal effect.