NEXPLAY Terms and Conditions of Use
Effective as of August 3, 2018
Hello, and welcome to the NEXPLAY Terms and Conditions of Use (“Terms”). The Terms you see below are important because they:
- Outline your legal rights on NEXPLAY
- Explain the rights you give to us when you use NEXPLAY
- Describe the rules everyone needs to follow when using NEXPLAY
- Contain a class action waiver and an agreement on how to resolve any disputes that may arise by arbitration
Thanks for choosing NEXPLAY (“NEXPLAY,” “we,”
“us,” “our”). NEXPLAY provides personalised services with social and
interactive features for streaming music and other content as well as
other products and services that may be
developed from time to time. By signing up or otherwise using any
of these NEXPLAY services, including all associated features and
functionalities, websites and user interfaces, as well as all content
and software applications associated with
our services (collectively, the “NEXPLAY Service” or “Service”),
or accessing any music, videos or other content or material that is made
available through the Service (the “Content”) you are entering into a
binding contract with the NEXPLAY
entity indicated in Section 24 (Contact us).
In order to use the NEXPLAY Service and access any Content, you need to (1) meet the age requirements in the chart below, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where Service is available. You also promise that any registration information that you submit to NEXPLAY is true, accurate, and complete, and you agree to keep it that way at all times.
2. Changes to the Agreements
Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us. If you received a Trial or a Paid Subscription through a third party, you must cancel the applicable Paid Subscription through such third party.
3. Enjoying NEXPLAY
Here’s some information about all the ways you can enjoy NEXPLAY.
3.1 Service Options
You can find a description of our Service
options on our website, and we will explain which Service options are
available to you when you create a NEXPLAY account. Certain options are
provided to you free-of-charge. The
NEXPLAY Service that does not require payment is currently
referred to as the “Free Service.” Other options require payment before
you can access them (the “Paid Subscriptions”). We may also offer
special promotional plans, memberships, or
services, including offerings of third-party products and services
in conjunction with or through the NEXPLAY Service. We are not
responsible for the products and services provided by such third
parties. We reserve the right to modify,
terminate or otherwise amend our offered subscription plans and
promotional offerings at any time in accordance with these Terms.
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of NEXPLAY for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. You may also purchase access to a Paid Subscription through a third party. In such cases, separate terms and conditions with such third party in addition to the Agreements may apply to your access to the Service.
From time to time, we or others on our
behalf may offer trials of Paid Subscriptions for a specified period
without payment or at a reduced rate (a “Trial”). NEXPLAY may determine
your eligibility for a Trial, and withdraw
or modify a Trial at any time without prior notice and with no
liability, to the extent permitted under applicable law.
For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL. IF YOU SIGNED UP FOR THE TRIAL THROUGH NEXPLAY, OR IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY.
4. Payments, cancellations, and cooling off
You may purchase a Paid Subscription
directly from NEXPLAY or through a third party either by (1) paying a
subscription fee in advance on a monthly basis or some other recurring
interval disclosed to you prior to your
purchase; or (2) prepayment giving you access to the NEXPLAY
Service for a specific time period (“Pre-Paid Period”).
NEXPLAY may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the NEXPLAY Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
If you register for a Paid Subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”) in accordance with the following:
- If you sign up for a Trial, you agree that the Cooling-off Period for the Paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you don’t cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorize NEXPLAY to automatically charge you the agreed price each month until you cancel the Paid Subscription.
- If you purchase a Paid Subscription with no Trial, you authorize NEXPLAY to charge you automatically each month until you cancel. You agree that the Cooling-off Period is available for fourteen (14) days after your purchase but is lost once you use the NEXPLAY Service during that period.
You can cancel your subscription any time. No hard feelings 🙂
This will revert your account to our “Free Service” after any remaining Premium time runs out.
- Log in to your profile page.
- Click Subscription in the menu on the left.
- Click CHANGE OR CANCEL.
- Click CANCEL UPGRADE.
- Click YES, CANCEL. Your account page now shows the date you’ll return to the Free service. We hope you decide to upgrade again!
5. Donations and Virtual Gifts Terms
These Donations and Virtual Gifts Terms (“Donations and Virtual Gifts Terms”) apply to your purchase, access to, and use of such digital content (“Hearts”) we make available to NEXPLAY users (“Users”) to purchase from NEXPLAY to express appreciation for certain game streamers. These Donations and Virtual Gifts Terms do not alter in any way the terms and conditions of any other agreement you may have with NEXPLAY.
- Hearts are not a currency, have no monetary value, may not be sold or transferred to other Users, and cannot be exchanged for cash or for other goods or services.
- Hearts are not refundable.
- We may share revenue generated from the sale of the Hearts with individual streamers, according to the terms of agreement between NEXPLAY and such game streamer. However, Hearts are not intended as means of allowing Users to pay game streamers. We DO NOT guarantee that any game streamer will receive revenue share.
- We may give you or you may receive promotional Hearts, which have no monetary value amd may only be available to you for a limited time.
- We may change or stop offering Hearts at any time in our sole discretion.
- Continued use of Hearts requires an active NEXPLAY account. If you delete your account, you will forfeit any unused Hearts, and those Hearts will not be reinstated if you create a new NEXPLAY account.
- Payment for Hearts is subject to our Community Payments Terms. On mobile, your purchase of Hearts may also be subject to additional terms, depending on the method of in-app payments you use.
- Hearts is a part of the (“NEXPLAY Products”) under NEXPLAY’s Terms of Service (“NEXPLAY Terms”), and your use of Hearts is deemed part of your use of NEXPLAY Products. In the vent of any express conflict between these Terms and the NEXPLAY Terms, these Terms will govern solely with respect to your use of Hearts and solely to the extent of the conflict. These Terms do not alter in any way the terms or conditions of any other agreement you may have with NEXPLAY. NEXPLAY reserves the right to update these terms from time to time, and your continued use of Hearts constitutes acceptance to these changes.
6. Rights we grant you
The NEXPLAY Service and the Content are the
property of NEXPLAY or NEXPLAY’s licensors. We grant you limited,
non-exclusive, revocable permission to make use of the NEXPLAY Service,
and limited, non-exclusive, revocable
permission to make personal, non-commercial use of the Content
(collectively, “Access”). This Access shall remain in effect until and
unless terminated by you or NEXPLAY. You promise and agree that you are
using the NEXPLAY Service and
Content for your own personal, non-commercial use and that you
will not redistribute or transfer the NEXPLAY Service or the Content.
The NEXPLAY software applications and the Content are not sold or
transferred to you, and NEXPLAY and its
licensors retain ownership of all copies of the NEXPLAY software
applications and Content even after installation on your personal
computers, mobile handsets, tablets, wearable devices, speakers and/or
other devices (“Devices”).
All NEXPLAY trademarks, service marks, trade names, logos, domain names, and any other features of the NEXPLAY brand (“NEXPLAY Brand Features”) are the sole property of NEXPLAY or its licensors. The Agreements do not grant you any rights to use any NEXPLAY Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the NEXPLAY Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, NEXPLAY grants no right, title, or interest to you in the NEXPLAY Service or Content.
Third party software (for example, open source software libraries) included in the NEXPLAY Service are made available to you under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
7. Third Party Applications and Devices
The NEXPLAY Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the NEXPLAY Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that NEXPLAY does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does NEXPLAY warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.
8. User-Generated Content
NEXPLAY users may post, upload, or otherwise
contribute content to the Service (which may include, for example,
streams, videos pictures, text, messages, information, titles,
descriptions and compilations, and/or other
types of content) (“User Content”). For the avoidance of doubt,
“User Content” includes any such content posted to the NEXPLAY Support
Community as well as any other part of the NEXPLAY Service.
You promise that, with respect to any User Content you post on NEXPLAY, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by NEXPLAY as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by NEXPLAY or any artist, band, label, entity or individual without express written consent from NEXPLAY or such individual or entity.
NEXPLAY may, but has no obligation to, monitor, review, or edit User Content. In all cases, NEXPLAY reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in NEXPLAY’s sole discretion, violates the Agreements. NEXPLAY may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. NEXPLAY is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST NEXPLAY RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD NEXPLAY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
9. Rights you grant us
In consideration for the rights granted to
you under the Agreements, you grant us the right to (1) allow the
NEXPLAY Service to use the processor, bandwidth, and storage hardware on
your Device in order to facilitate the
operation of the Service, (2) to provide advertising and other
information to you, and (3) to allow our business partners to do the
same. In any part of the NEXPLAY Service, the Content you access,
including its selection and placement, may
be influenced by commercial considerations, including NEXPLAY’s
agreements with third parties. Some Content licensed by, provided to,
created by or otherwise made available by NEXPLAY (e.g. podcasts) may
contain advertising as part of the
Content. The NEXPLAY Service makes such Content available to you
If you provide feedback, ideas or suggestions to NEXPLAY in connection with the NEXPLAY Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize NEXPLAY to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant NEXPLAY a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
10. User guidelines
NEXPLAY respects intellectual property
rights and expects you to do the same. We’ve established a few ground
rules for you to follow when using the Service, to make sure NEXPLAY
stays enjoyable for everyone. You must
follow these rules and should encourage other users to do the
same. The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the NEXPLAY Service or the Content, or otherwise making any use of the NEXPLAY Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the NEXPLAY Service or the Content or any part of it;
- using the NEXPLAY Service to import or copy any local files that you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from an authorized Device to any other Device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the NEXPLAY Service, Content or any part thereof except to the extent permitted by applicable law. [If applicable law allows you to decompile any part of the NEXPLAY Service or the Content where required in order to obtain the information necessary to create an independent program that can be operated with the NEXPLAY Service or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without NEXPLAY’s prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the NEXPLAY Service or the Content];
- circumventing any technology used by NEXPLAY, its licensors, its brands, its users or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the NEXPLAY Service or the Content;
- circumventing any territorial restrictions applied by NEXPLAY or it licensors;
- artificially increasing view counts, follow counts or otherwise manipulating the Service by (i) using any bot, script or other automated process; (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
- removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person’s username and password;
- “crawling” the NEXPLAY Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from NEXPLAY or the NEXPLAY Service;
- selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or
- artificially promoting Content by automated means or otherwise.
Please respect NEXPLAY, the owners of the Content, and other users of the NEXPLAY Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of NEXPLAY or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by NEXPLAY;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by NEXPLAY;
- interferes with or in any way disrupts the NEXPLAY Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or NEXPLAY’s computer systems, network, usage rules, or any of NEXPLAY’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by NEXPLAY.
You acknowledge and agree that posting any
User Content that violates these User guidelines (or that NEXPLAY
reasonably believes violates these User guidelines) may result in
immediate termination or suspension of your
NEXPLAY account. You also agree that NEXPLAY may reclaim your
username where it is reasonable for us to do so, including if you have
violated the Agreements.
Please be thoughtful about how you use the NEXPLAY Service and what you share. The NEXPLAY Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on NEXPLAY or across the web, so please use NEXPLAY carefully and be mindful of your account settings. NEXPLAY has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
11. Infringement and reporting User Content
NEXPLAY respects the rights of intellectual
property owners. If you believe that any Content infringes your
intellectual property rights or other rights, see NEXPLAY’s copyright
policy. If NEXPLAY is notified by a
copyright holder, using the forms provided by NEXPLAY, that any
Content infringes a copyright, NEXPLAY may in its sole discretion remove
such Content from the Service, or take other steps that NEXPLAY deems
appropriate, without prior
notification to the user or other party who supplied or posted
that Content. If such user or other party believes that the Content is
not infringing, he or she may in certain circumstances submit a
counter-notification to NEXPLAY with a
request to restore the removed content, which NEXPLAY may or may
not honor, in NEXPLAY’s sole discretion.
If you believe that any Content does not comply with the User guidelines, please fill out our Feedback form.
12. Service limitations and modifications
NEXPLAY will make reasonable efforts to keep
the NEXPLAY Service operational. However, certain technical
difficulties, maintenance or testing, or updates required to reflect
changes in relevant laws and regulatory
requirements, may, from time to time, result in temporary
interruptions. NEXPLAY reserves the right, periodically and at any time,
to modify or discontinue, temporarily or permanently, functions and
features of the NEXPLAY Service, with
advance notice where possible, all without liability to you,
except where prohibited by law, for valid reasons such as in case of
genuine interruption, modification, or discontinuation of the NEXPLAY
Service or any function or feature
thereof, or need to repair, maintain or improve the existing
functions or features, or to add new functions or features to the
Service, or to implement advancements in science and technology or
ensure the operability or the security of the
Service, legal and regulatory reasons.
Notwithstanding the foregoing, if you have prepaid fees to NEXPLAY for Paid Subscriptions that NEXPLAY permanently discontinued prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), NEXPLAY will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that NEXPLAY will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. NEXPLAY and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
13. NEXPLAY Community
The NEXPLAY Support Community is a place for discussions and exchange of information, tips, and other materials related to the NEXPLAY Service. By using the Nexplay Support Community
14. Customer support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service Feedback form on the System section of our NEXPLAY mobile app or at firstname.lastname@example.org. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
15. Term and termination
The Agreements will continue to apply to you
until terminated by either you or NEXPLAY. However, you acknowledge and
agree that the perpetual license granted by you in relation to User
Content, including Feedback, is
irrevocable and will therefore continue after expiry or
termination of any of the Agreements for any reason. NEXPLAY may
terminate the Agreements or suspend your access to the NEXPLAY Service
at any time, including in the event of your actual
or suspected unauthorised use of the NEXPLAY Service and/or
Content, non-compliance with the Agreements, or if we withdraw Services
and/or Content (in which case we shall provide you reasonable notice in
advance of doing so).
If you or NEXPLAY terminate the Agreements, or if NEXPLAY suspends your access to the NEXPLAY Service, you agree that NEXPLAY shall have no liability or responsibility to you, and NEXPLAY will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your NEXPLAY account, please contact us through the Customer Service contact form which is available on email@example.com email. This section will be enforced to the extent permissible by applicable law.
16. Warranty disclaimer
YOU UNDERSTAND AND AGREE THAT THE NEXPLAY
SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR
IMPLIED WARRANTY OR CONDITION OF ANY KIND. NEXPLAY AND ALL OWNERS OF THE
CONTENT MAKE NO REPRESENTATIONS AND
DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NEITHER NEXPLAY NOR ANY OWNER OF CONTENT WARRANTS THAT THE NEXPLAY
SERVICE IS FREE OF MALWARE OR OTHER
HARMFUL COMPONENTS. IN ADDITION, NEXPLAY MAKES NO REPRESENTATION
NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT,
DEVICES OR ANY OTHER PRODUCT OR
SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR
THROUGH THE NEXPLAY SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN
ANY BANNER OR OTHER ADVERTISING AND NEXPLAY IS NOT RESPONSIBLE OR LIABLE
FOR ANY TRANSACTION BETWEEN YOU AND
THIRD PARTY PROVIDERS OF THE FOREGOING.
NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM NEXPLAY SHALL CREATE ANY WARRANTY ON BEHALF OF NEXPLAY. WHILE USING THE NEXPLAY SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.
WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING NEXPLAY’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE
REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE NEXPLAY SERVICE IS
TO UNINSTALL ANY NEXPLAY SOFTWARE AND TO STOP USING THE NEXPLAY SERVICE.
YOU AGREE THAT NEXPLAY HAS NO
OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY
APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN
CONNECTION WITH THE NEXPLAY SERVICE, AND WHILE YOUR RELATIONSHIP WITH
SUCH THIRD PARTY APPLICATIONS MAY BE
GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR
SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO NEXPLAY, FOR ANY PROBLEMS
OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF,
IS TO UNINSTALL AND/OR STOP USING
ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL NEXPLAY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT;
(A) LOSS OF USE;
(B) LOSS OF DATA;
(C) LOSS OF BUSINESS;
(D) LOSS OF PROFITS; OR
(E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US,
IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE NEXPLAY SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER NEXPLAY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
(3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE NEXPLAY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO NEXPLAY DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR
(4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND NEXPLAY’S REASONABLE CONTROL.
Nothing in the Agreements removes or limits NEXPLAY’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.
18. Third Party Rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and NEXPLAY, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
19. Entire Agreement
Other than as stated in this section or as
explicitly agreed upon in writing between you and NEXPLAY, the
Agreements constitute all the terms and conditions agreed upon between
you and NEXPLAY and supersede any prior
agreements in relation to the subject matter of these
Agreements, whether written or oral.
Please note, however, that certain aspects of your use of the NEXPLAY Service may be governed by additional agreements. That could include, for example, access to the NEXPLAY Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on NEXPLAY’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
20. Severability, waiver and interpretation
Unless as otherwise stated in the
Agreements, should any provision of the Agreements be held invalid or
unenforceable for any reason or to any extent, such invalidity or
enforceability shall not in any manner affect or
render invalid or unenforceable the remaining provisions of the
Agreements, and the application of that provision shall be enforced to
the extent permitted by law.
Any failure by NEXPLAY or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive NEXPLAY’s or the applicable third party beneficiary’s right to do so. As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
NEXPLAY may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and NEXPLAY may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
You agree to indemnify and hold NEXPLAY harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the NEXPLAY Service; and (4) your violation of any law or the rights of a third party.
23. Contact us
If you have any questions concerning the
NEXPLAY Service or the Agreements, please contact NEXPLAY Customer
Service by visiting the About Us section of our website.
Thank you for reading our Terms. We hope you enjoy NEXPLAY!
Business entity: “NEXPLAY” Nexus Enterprise Technologies Pte. Ltd. 33 UBI AVENUE 3 #08-13 VERTEX SINGAPORE (408868) Registration no: 201730227N