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Copyright ©2020
NEXTERS GLOBAL Ltd.

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Terms of Service
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Hero Wars
Island Experiment
Throne Rush

Privacy policy

Privacy Policy of the NEXTERS project (the “Project”)

(Revised as of June 25, 2020)

Thank you for choosing NEXTERS GLOBAL LIMITED Project.

This Privacy Policy (hereinafter – the “Policy”) is designed in such a to make its content as clear as possible. Policy defines:

1) methods for collecting information about you;
2) the purposes for which we collect such information;
3) the procedure for using information;
4) information processing methods;
5) the procedure for managing and accessing information provided to you.

Please review our Privacy Policy (hereinafter referred to as the “Policy”) to understand what type of data, for what purposes and in which ways we can process. The content of the updated Policy is made as clear as possible.

If you have any questions or suggestions regarding our Policy, please send us an e-mail to: privacy@nextersglobal.com.

We may update this Privacy Policy by posting a notice in the Project before such changes take effect.

Data processing is carried out by us solely for the purposes defined by this Policy and with your prior consent, collected by us by means of a separate notification. Please note that you have the right to withdraw consent at any time, in the manner specified by this Policy. We do not request your consent to the storage and/or processing of your data by this Policy.

You provide consent to the storage, processing, transfer (including cross-border, if the provision of the Services requires it) by submitting your Data to us. By accepting this Policy, you also accept the Terms of Service.

By accepting this Policy you acknowledge and agree that you have reached the age allowing you to enter into such binding agreement in the country of your residence or domicile, or that you have your parent or legal guardian’s permission (if required by applicable law). Child is a person that has not reached the minimum age required to provide the consent for Data collection and processing in accordance with applicable laws of the resident country.

DATA SECURITY

NEXTERS GLOBAL LIMITED respects the confidentiality of your data and strives to ensure the highest level of protection. Despite the measures we are taking to protect your information, any measures that we apply will not have any effect if you neglect the data security.

WARNING! The following actions are prohibited by this Policy and the Terms, and may also violate the confidentiality of your data:

– transfer of information about the Account and (or) access rights to third parties. Please note that our official representative will never request access to your Account;
– the use of unauthorized third-party programs, the use of robot programs and (or) programs that change the game process, including assistance in the game process. In addition to the fact that the use of such programs is expressly prohibited by the Terms, they may contain malicious software that could harm the security of your data;
– the acquisition of in-game values from third parties. By acquiring in-game values bypassing the Terms of Use, you can become a victim of fraudsters.

PROCESSED DATA
In general, by “Data” we mean any information that identifies, relates to, describes, or is reasonably capable of being associated with a particular individual. By the “Data”, we also refer to any information that relates to you and usage of the Services. All information of your activity in the Project and (or) Service processed by us where it is necessary for providing access to the Project and (or) Services, is hereinafter referred to as the “Account”. Subject to the provisions of this Policy, the Data may include but not limited to the following: your full name, your address, your telephone number, your e-mail address, your age, your gender, your intra-project behavior. Despite the fact that the data processed by us may not include data of the “personal data” category, we treat all information associated with your Account as personal data.
You can get a list of processed Data here: privacy@nextersglobal.com.

WARNING! We may ask you for additional information to complete the request. It is necessary to ensure the security of your data.

Depending on the type of platform and the type of device on which you use the Project, we may process a different amount of information about you, which may include your personal data, unless otherwise expressly specified in this Policy. We always use the principle of the information minimization to provide you with the highest quality Services and comply with generally accepted industry standards for the protection of the data provided to us (hereinafter referred to as the “Data”), both during transmission and immediately after its receipt.

Methods of collecting information (categories of sources used in the collection).

2.1. Data you provide by yourself. We include the following information that you provide to this type of data:

– date of creating an Account;
– your use of social functions and channels for communicating with other people in the Project;
– purchases or financial transactions, such as in-house purchases and / or received prizes;
– technical and support services.

WARNING! We are not responsible for the relevance, correctness, completeness or quality of the information you provide. When you place the data indicated independently, we proceed from the presumption of your good faith, accept the specified information as relevant, correct, complete and reliable. If you indicate inaccurate and (or) irrelevant information, access to a number of Services may be limited for you, and a technical support and support services regarding the processing of personal data is suspended until the confirmation of your ownership of the specified information. These measures are necessary to ensure the protection of your data.

2.2. Information we receive or generate as a result of your use of the Project. We may collect data related to your use of the Project and your in-game activity, to your use of our services and the nature of this use and to your devices. The collection of such information is necessary for the analysis of possible technical errors in the Project and their timely elimination. The processing of information about your in-game activity is related to the social nature of our Project, the results of your in-game actions are reflected throughout the in-game world.

2.3. Information collected from external sources. We may receive information about you and your actions from third parties when you connect external accounts; from advertisers or service providers about your contacts and interactions with them.

3. PROVISION OF DATA TO THIRD PARTIES
In order to provide the Services, we may provide the Data to suppliers or agents working on our behalf. For example, we may transfer information collected about you to provide technical support services to users, as well as to investigate and resolve technical problems that arise, monitor and improve the quality of our Services. Such companies may be located within the European Economic Area or in countries that provide an adequate level of protection of personal data, as understood in accordance with the Regulation. We may transfer anonymous information that does not allow you to be identified as a person to suppliers who may be located in countries outside the European Economic Area.

A list of such companies can be obtained on request in the Project or by contacting privacy@nextersglobal.com. These companies may access and process your data in accordance with their own privacy policies. We encourage you to review their privacy policies to learn more about how they process data.

Since access to the Project is provided to all users free of charge, the main factor in the commercial implementation of the Project is the possibility of introducing advertising within the Project. We are not responsible for the content of commercials; we do not carry out their moderation and selection. We use your data for purposes that do not harm your privacy and reasonably could be expected by you when using the Project. The use of information for:

– targeting advertisements through the Paid Media channel (paid media);
– targeting advertisements through the Custom Audience channel (specialized audience) or similar systems – showing relevant advertisements to players based on their previous purchases;

The following partners can integrate advertising: Facebook, Adform, Auditorius, Holimetrics, Criteo, Bing, AdRoll, Quatcast, Pinterest, Reddit, Accelerize Inc., MyTarget, Taboola. You can check the current list of partners here: privacy@nextersglobal.com.

We undertake to receive your informed and unambiguous consent for integrating additional services for displaying personalized advertisements within the Project, which improve the quality of the advertising offered to you, when it requires the transfer of your personal data to third parties and your consent.

Duration of data storage: We process and store Data during the Project period and within thirty (30) days from the confirmation of the request for deletion, except for the information that is necessary to fulfill the requirements of applicable law (for example, in the field of taxation and accounting) and anonymous information. We do not control the data published by you or copied by other users, as well as the data published in the chat of the Project (if applicable) or on thematic groups and forums. After deleting your data, your anonymized account can be saved in the Project if it is used in conjunction with other users.

Information contains personal data of users (if applicable), collected or created by providing of technical support to users, is stored during the period of the User Account that has applied for support in order to provide an optimal solution to issues and problems. Information that does not contain personal data can be stored for the entire duration of the Project.

4. COOKIES
This type of information is a text file that helps to remember information about you. The Data shall not include any anonymous information that we are unable to relate to you. Such information may include Internet protocol (IP) addresses, the browser type, Internet service providers (ISP), referring/exit pages, operating systems, date/time stamps, and clickstream data. However, this information does not identify a particular user. We do not combine such information with any personal data.

We use a third-party tracking service that uses cookies and similar technology to track non-personal or private information on users and mobile application taken together (where applicable).

We use this cookie information for the following purposes:

To improve the Project and (or) Service content and performance;
To analyze trends and estimate our audience size and usage pattern;
To administer the web sites and speed up your searches;
To enable log in and authentication when you log onto our web sites;
To recognize you when you return to our web sites;
To deliver a better and more personalized services.

You may specify in your browser settings what kind of cookies your device should get and store. Our system will send cookies upon visiting the web sites, unless you have disabled this option in your browser settings. However, certain special features of the Project and (or) Service may not be available to you, if you do not accept our cookies policy.

All major browsers offer advises and guidance for managing cookies to be available in your browser. To simplify the configuration of cookies please find links to cookies instructions in some browsers and advertising agents below:

Internet Explorer

https://support.microsoft.com/ru-ru/help/17442/windows-internet-explorer-delete-manage-cookies

Google Chrome

https://policies.google.com/technologies/cookies?hl=ru

Safari

https://www.apple.com/ru/legal/privacy/ru/cookies/

Yandex

https://yandex.com/support/metrica/general/opt-out.html

Facebook

https://www.facebook.com/help/499864970040521

VK.com

https://vk.com/privacy

OK.RU

https://ok.ru/res/privacypolicyRu.html

Please note, the above list of contractors is non-exhaustive and does not guarantee that we currently use all services of such companies. Since such list may be updated on occasional basis, you may request an up-to-date list by e-mail: privacy@nextersglobal.com.

To learn more about cookies, including which ones are on your computer, and how to manage or delete them, we can recommend you to visit: www.allaboutcookies.org.

Some functionality can use the Google Analytics service to track your activity. If you want to stop tracking by Google Analytics across all websites, please visit http://tools.google.com/dlpage/gaoptout.

LOCAL LEGISLATION

We provide you with access to international projects and strive to comply with applicable local laws. Please note that our Services are provided “as is” and you should get to know with applicable laws. By continuing your use of the Project, you are warrant that your use of the Project is not contrary to the applicable law and Terms of Service.
Please note we do not sell users’ Personal Data in California. Data transfer is carried out in order to provide the Services legally.

REASONS FOR DATA PROCESSING

We process your Data only when necessary to provide access to the Project and (or) Services, while taking reasonable security measures to protect your Data from loss, misuse and unauthorized access, disclosure, modification or destruction.

With respect to the users covered by the General Data Protection Regulation (EU) 2016/679 (hereinafter – the “GDPR”), we use the Data collected through the Project and (or) Services for the purposes of our legitimate interests in accordance with Article 6(1)(f) of the GDPR as well as for the purposes stipulated in the Terms of Service and this Policy. E.g., we may use information we collect –

to provide our Services or information you request as well as to process and complete any transactions;
to respond to your submissions, questions, comments, requests and complaints as well as to provide customer service;
to monitor and analyze the Project’s use and trends or to personalize and improve the Project or user experience on our web sites, such as providing ads, Content or features that match their profiles or interests as well as to increase the Project’s functionality and user friendliness;
to provide gifts and rewards that you may have to win in the Project etc.;
to send you confirmations, updates, security alerts as well as support and administrative messages and otherwise
to facilitate your use of and our administration and operation of our web sites; and
any other purpose for which the information is collected.

Data is collected when you provide it within the Project and (or) Service. Indirect collection shall be allowed only on anonymous basis.

DATA PROTECTION

The project implemented reliable means of protection to ensure the security of your data. We do everything possible for your safety when using the Project and are constantly improving our information protection methods. As some means of protecting information from unauthorized access, alteration, disclosure or destruction, we use the following methods:

– data encryption during storage and transmission;

– we carry out two-stage user authentication when requesting an action with the Data;

– we improve the techniques and methods of collecting, storing and processing the Data;

– access to the Data, in encrypted and impersonal form, have only authorized employees, consultants or interested groups of people who need access to this information to perform their duties;

– all persons having access to the Data are briefed on working with data, their knowledge and skills are systematically being checked.

In spite of all measures taken by us, your careful attitude to the Account and access to it has a great importance in the safety of your Data. To prevent unauthorized access to your Data and Account, we strongly recommend you not to share access to the account to any third parties and to comply with the rules of the project and use of the Services. In case of your violation of the Terms of Use of the Services, we will not be able to guarantee the security of your Data.

DATA MANAGEMENT

You have all the technical capabilities to determine how the Data shall be used. We are constantly improving the data management methods available to you.
You can form a request within the Project by sending a request in the Help section.

In addition, you may send a request to an email privacy@nextersglobal.com.

PAY ATTENTION that requests for data management by e-mail address require additional identification of you as a data subject. Requests are subject to identification and verification. We will not be able to fulfill your request if insufficient information is provided, and we will not be able to verify whether the applicant is the user whose data we are processing. This is necessary to keep your data safe. After identification and through the appeal form in the Project, you have the right:

– at any time withdraw your consent for Data Processing given in full or in part;
– access to your Data received by us, i.e. you may request the information on the Data’s storage and access as well as a copy of such Data;
– require limitation of Data processing for the time required to verify the reliability of the information provided;
– change the Data. You may discretionary determine the Data, which shall be associated with your Account.
– object to the processing of your Data. If you believe that we have no legitimate reason for processing your Data, please contact us using the contacts provided below.

You may also file a complaint with the local supervisory authority:
– to implement your right to data portability where there is a technical capability to do so;
– delete your Account and Data related therewith.

The procedure for withdrawing consent to the processing and deletion of Data:
PLEASE NOTE that the Data is used by us solely for the purpose of providing you access to the Project and improving the quality of the Services. By deleting of Account Data, you will lose access to the Project and your Data will be permanently deleted.
Requests that are not related to us or to the topic of the processing of personal data in accordance with applicable law may be left unanswered or unacted the subject in question. The request should include the following:

1. A clear, unambiguous request, indicating the exercised right in relation to your personal data;
2. Information that will allow us to individualize you in the Project.
3. Information that will allow us to contact you, including your email address.

The order of execution of the request:
1. An initial request that meets the requirements of this Policy can be sent by a special contact form or to privacy@nextersglobal.com.
2. Verification of the request – is carried out by us in order to verify the compliance of the request. We carry out user verification and may request additional actions from you in order to confirm ownership of the Data. These actions are necessary for data security. The result of a positive verification is a request for confirmation of the user’s decision. It is necessary to prevent accidental loss of access to the Project.
3. Confirmation of the request – carried out by you through the specified and verified email address.
4. Execution of the request – carried out within 30 days from the date of confirmation of the request. This period is necessary for organizational and technical measures to fulfill your request.
PAY ATTENTION, We reserve the right to refuse to fulfill the request if the ownership of the Data is not confirmed by the User and (or) the request affects the rights and freedoms of others.
If you have lost access to the Project and do not have the technical ability to perform actions to confirm ownership of the Data, you can send a letter to the address:

107 Faneromenis Avenue

6031, Larnaca, Cyprus

Recipient: NEXTERS GLOBAL LIMITED

In the letter you must provide information by which we can uniquely identify you and the ownership of the Account Data.
The Controller for the purposes of the GDPR and other applicable data protection or data privacy laws of the EU Member States as well as other data protection requirements in respect of the Project is:

NEXTERS GLOBAL LIMITED
107 Faneromenis Avenue
6031, Larnaca, Cyprus
Email: info@nextersglobal.com

FULL NAME AND CONTACT DETAILS OF THE AUTHORIZED DATA PROTECTION MANAGER FROM NEXTERS GLOBAL LIMITED:

NEXTERS GLOBAL User Data Protection Manager:

Personal Data Specialist
107 Faneromenis Avenue
6031, Larnaca, Cyprus

Email: privacy@nextersglobal.com

FINAL PROVISIONS

We reserve the right to modify this Policy at any time, so please review it on a periodic basis.

This Policy is made in English language. We can provide you with a translation in French, German, Italian, Spanish and Portuguese languages. In case of any inconsistency or discrepancies between a non-English translation of this Policy and the English version, the English version shall prevail.

FAITHFULLY YOURS,
NEXTERS GLOBAL LIMITED

Terms of Service

Terms of Service («Terms») of the NEXTERS project (the “Project”).

(Version dated by the November 11, 2019)

NEXTERS is a virtual interaction platform between users and the products of NEXTERS GLOBAL LIMITED (hereinafter referred to as “NEXTERS”, “we” or “us.”), which is its exclusive owner and administrator. “Service(s)” refers to your use of Project for any purpose whatsoever.

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 GLOBAL LIMITED.

These Terms and including cases where personal data is collected and processed in accordance with and as stipulated by the Article 6(1)(f) of the GDPR Regulation, are accepted by you when you actually use the Project and (or) Services provided by NEXTERS. You may print a copy of these Terms and Privacy Policy for your records and we highly recommend you to do so. These Terms remain effective from the date of acceptance until terminated by you or NEXTERS in accordance with these Terms.

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”).

In some countries may exist legal and (or) other restrictions on usage of the Service and (or) downloading, installing and/or using of products, portions of products, software that are or might be available through the Service. You expressly represent that you comply with all applicable legal restrictions in your jurisdiction.

If you access the Project and (or) the Service from a social network, you shall comply with its terms of service/use and privacy policy as well as these Terms and Privacy Policy.

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.

VIRTUAL ITEMS AND INTRA-PROJECT VALUES

NEXTERS may offer you the ability to: (i) purchase a limited license to use intra-project values; (ii) earn a limited license to use intra-project values by performing specified tasks in the Project (hereafter and everywhere – “Intra-Project Values”); and/or (iii) earn a limited license, and/or purchase a limited license with Intra-Project Values, to virtual objects made available by NEXTERS in the Project (hereinafter and everywhere – “Virtual Items”). If NEXTERS offers the ability to purchase or earn such licenses, NEXTERS shall grant you a non-exclusive, non-transferable, revocable, limited right and license to use such Intra-Project Values or Virtual Items, as applicable. These right and license are only valid for your personal, non-commercial use exclusively in the Project, subject to the provisions of these Terms and your compliance therewith.

Intra-Project Values may only be redeemed for Virtual Items for use in the Project and neither Intra-Project Values or Virtual Items are redeemable for money, anything of monetary value, or for any monetary equivalent from NEXTERS or any other person or entity, except as otherwise required by applicable law. Intra-Project Values and Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither NEXTERS nor any other person or entity has any obligation to exchange Intra-Project Values or Virtual Items for anything of value, including, but not limited to, real currency. You acknowledge and agree that NEXTERS may engage in actions that may impact the intra-project attributes or perceived value of Intra-Project Values and/or Virtual Items at any time, except as prohibited by applicable law. NEXTERS, in its sole discretion, may impose limits on the amount of Intra-Project Values that may be purchased, earned, or redeemed.

Refund policy

The purchase of a license for Intra-Project Values is final and is not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law or refund policy of the platform.

We does not give refunds for most purchases committed within the project. However, there are exceptions (see below.) You can also contact our support team. The support team can process refunds pursuant to this policies and applicable laws.

You may be able to get a refund depending on the following details of the purchase:

a refund can be made within 48 hours of payment;
Intra-Project Values have not been used;
the purchase did not affect other users and (or) did not give you preferences in relation to other users (VIP status, unique skin, etc.).

The license granted to Intra-Project Values or Virtual Items ceases to be effective upon the removal of the Account within the Project.

If you are a resident of any EU Member State, you have certain withdrawal rights for purchases of Intra-Project Values or Virtual Items made with real currency. However, you expressly waive your withdrawal right once the performance of the Service in terms of obtaining initial access to the Project through your Account. You agree that: (i) download of Intra-Project Values or Virtual Items begins immediately after purchase; and (ii) you lose your right of withdrawal once the purchase is complete.

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.

You expressly represent that your use of the Project and all User Content you posted on, transmitted through or linked from the Project and (or) the Service and (or) mobile applications (where applicable) is in compliance with these Terms and Privacy Policy as well as all applicable local, state, national and international laws, rules and regulations including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.

RULES OF PROJECT

Compliance with these Terms, the Privacy Policy and any other agreements published by NEXTERS is mandatory for all users when using the Project. NEXTERS may restrict user’s access to the Project at any time and (or) to the Services in case of violation of these Terms, Privacy Policy and any other agreements published by NEXTERS.

The following list of restrictions is developed with general principles of humanity, legality and provision of equal conditions to users when using the Project and the Services, and is not exhaustive and does not cover all possible variants of unacceptable behavior. The main cases of unacceptable behavior shall be as follows:

– abusing and (or) insulting users and (or) NEXTERS. For this purpose, the “abusing and (or) insulting” shall include but not limited to a veiled insult, explicit language and obscene words as well as phrases delivered with intentional grammatical errors, replacement, separation or removal of symbols. It is also forbidden to use coarse, abusive and offensive expressions that go beyond cultural communication, or to threat users, NEXTERS or other persons;

– incitement of or starting up hatred on racial, national, religious, sexual, political or other grounds;

– provision of access to the Account to third parties, sale, exchange, gift, as well as any other use of the Account not related to direct use by the relevant user of the Project and (or) Services;

– purchase of project elements, project achievements, Intra-Project Values, Virtual Items and other elements of the Project and (or) Services in violation of these Terms, the Privacy Policy and any other agreements published by NEXTERS;

– distribution and (or) disclosure of any personal data (including the data received by fraud or extortion), including personal data of third parties without their consent and (or) in violation of the Privacy Policy, including home addresses, phone numbers, passport data, and logins and passwords from Accounts or e-mails;

– placement of false and deceptive information regarding the Project and (or) Services, NEXTERS, users and other persons, as well as posting information of any kind for the purpose of fraud and (or) access to Accounts and personal data of other users;

– placement of erotic and pornographic materials or links to such materials as well as materials that promote narcotic substances and alcohol or links thereto;

– use of unauthorized third-party software when using the Services, including but not limited to: for hacking, fraud, application of bots and automation software and (or) changing the game process, the use of cheats and (or) methods that give the user an unreasonable advantage;

– begging in any form with respect to any individual or all users;

– placement of any advertising messages including proposals for promotional codes, Intra-Project Values, Virtual Items, assistance in the development of characters and Accounts, links to external web-sites, as well as mass and (or) repeated distribution of similar messages. Mention and discussion of other projects and (or) games is not allowed;

– dissemination of false or deceptive information about the fact of cooperation with NEXTERS, including work on the development of the Project and (or) Services, moderating the communication of users, as well as dissemination of information on how to harm, exploit vulnerabilities of the Project and (or) Services, NEXTERS web-sites, as well as dissemination and (or) disclosure of confidential information regarding the Services and plans for its development. For this purpose, the “confidential information” shall mean any information regarding the Services that has not been published by NEXTERS as official news;

– solicitation of users for violation of these Terms, Privacy Policy and any other agreements published by NEXTERS;

– any actions (omission) that are not expressly provided above, but beyond the normal process of using the Project and (or) Services, and that, in the opinion of NEXTERS, violate applicable law, principles of morality and ethics and (or) are undesirable for the majority of users.

NEXTERS reserves the right to change or terminate, temporarily or permanently, the provision of the Services in whole or in part, with prior notification and, in case of emergency, without prior notice. You acknowledge and agree that NEXTERS shall not be liable for any changes in, suspension of access to the Project or termination of the provision of the Services.

The aforementioned rules apply both to the use of the Service and to all related services including but not limited to, specialized forums and fan groups in social networks.

For violation of the aforementioned rules, the following restrictions may apply to the user:

– restriction of access to the Project and suspension of the provision of the Services and (or) related services for a certain period;

– restriction of access to the Project and suspension of the provision of Services and (or) related services for an indefinite period;

– cancellation of the Services’ elements, achievements of the user’s Account, and revocation of the rights to use the Intra-Project Values, Virtual Items (including the return of the Account to the condition prior to the violation or the initial state of using the Services) without any compensation and reimbursement whatsoever, if such Intra-Project Values, Virtual Items, achievements and (or) elements of the Services are received in violation of these Terms, the Privacy Policy and any other agreements published by NEXTERS;

– permanent termination of the Account.

NEXTERS may change or delete information posted by users of the Services and (or) related services in case of violation of these Terms, Privacy Policy and any other agreements published by NEXTERS.

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.

DISCLAIMER

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 & AddressYour Opt Out Notice must be sent to the following address: NEXTERS GLOBAL LIMITED, 107 Faneromenis Avenue 6031, Larnaca, Cyprus, and either by: (a) first class mail, postage prepaid, certified and return receipt requested; or (b) overnight courier service.
Time LimitationsUnless 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 InformationYour 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 NoticeIf 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 NoticeIf 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.

MISCELLANEOUS

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.

NEXTERS GLOBAL LIMITED
107 Faneromenis Avenue 6031, Larnaca, Cyprus
info@nextersglobal.com