Last revised: January 2023
Reference is made to NEX Team Inc. (“Nex”, “us”, “our”, and “we”) and our products and services currently known as “Miniacs”, its website at “https://www.miniacsgame.com/” and other related products and services (collectively, the “Services”).
You must be at least 13 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: you are either (a) at least 13 years old and you have been authorized to use the Services by your parent or legal guardian who is at least 18 years old, or (b) at least 18 years old.
These terms require the use of arbitration (Section 9.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1. Access to the Services
1.1. License. Subject to these Terms, Nex grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, noncommercial use.
1.2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not interfere with or circumvent any feature of the Services; (d) you shall not access the Services in order to build a similar or competitive product, or service; and (e) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.
1.3. Modification. Nex reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Nex will not be liable to you or to any third-party for any modification, suspension, or discontinuation of the Services or any part thereof.
1.4. Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Nex or Nex’s licensors or other suppliers. Neither these Terms nor your access to the Services transfer to you or any third-party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Nex and its licensors or other suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. You shall not acquire any ownership rights whatsoever by downloading any Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).
1.5. Virtual Currency and Virtual Goods. The Services may include virtual currency, such as gems, coins, points or similar items that may be earned or obtained through the Services or otherwise purchased by you for legal tender or actual currency, subject to applicable law (“Virtual Currency”). The Services may also include virtual digital items, such as commodities, abilities (e.g., the ability to accelerate your progress in the game) or other goods that may be earned or obtained through the Services or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (“Virtual Goods”). Nex reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods, including setting any expiration dates for any Virtual Currency and/or Virtual Goods. Nex shall have no liability to you or any third party in the event that Nex exercises any such rights. You have no right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Services except the following: You will have a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Services, Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Nex.
You agree that the transfer of Virtual Currency and Virtual Goods is prohibited except where expressly authorized in the Services. Outside of the Services, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to Nex, any other user of the Services or any other party.
You agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, unless Nex or the applicable third party platform decides in its sole and absolute discretion to provide a refund. You agree that in the event that these Terms, your access to the Services, or the Services are terminated for any reason, which may include Nex’s discontinuation for any reason of the applicable portion of the Services, you will forfeit all Virtual Currency and Virtual Goods and Nex will have no liability to you in connection with that forfeiture.
1.6. Accounts. The Services may include functions whereby you can register for an account. As part of the registration process, you may be asked to provide information about yourself. You agree to provide and maintain (updating as necessary) true, accurate, complete and current information as requested by the Services. You are responsible for maintaining the confidentiality of your account. You are fully responsible for all activities that occur under your account with or without your knowledge. You agree to notify us immediately of any unauthorized use of your account or any other breach of security related to your account.
1.7. Platforms. The Services may be available on multiple platforms (e.g., iOS, Android, and potentially others). Your account, Virtual Currency, Virtual Goods, content and other data and information relating to the Services on one platform may or may not be accessible from another platform, and/ or transferable from one platform to another.
2. User Content and Service Materials
2.1. User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user’s profile, postings or user forum). You are solely responsible for your User Content. You assume all risks associated with any submission and use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third-party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 2.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Nex. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Nex is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
2.2. License. You hereby grant (and you represent and warrant that you have the right to grant) to Nex an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of and in connection with providing the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
2.3. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vii) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
2.4. Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your account in accordance with Section 7, and/or reporting you to law enforcement authorities.
2.5. Feedback. If you provide Nex with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Nex all rights in such Feedback and agree that Nex shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Nex will treat any Feedback you provide to Nex as non-confidential and non-proprietary. You agree that you will not submit to Nex any information or ideas that you consider to be confidential or proprietary.
2.6 Service Materials. “Service Materials” means all information and materials that are part of the Services, including the following: any and all copyrightable materials; audio; video; photographs; graphics; artwork, characters, animations, layout; text; images; the “look and feel” of the Services or portions thereof; the compilation, assembly and arrangement of the materials of the Services or portions thereof; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers. You agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the United States and other jurisdictions. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service Materials.
You agree to indemnify and hold Nex (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Nex reserves 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. You agree not to settle any matter without the prior written consent of Nex. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
4. Third-Party Links & Ads; Other Users
4.1. Third-Party Links & Ads. The Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Nex, and Nex is not responsible for any Third-Party Links & Ads. Nex provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
4.2. Other Users. Each user of the Services is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users of the Services are solely between you and such users. You agree that Nex will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Services, we are under no obligation to become involved.
4.3. Release. To the fullest extent permitted by applicable law, you release Nex (and our officers, employees, agents, successors, and assigns) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes with other users of the Services and the acts or omissions of third parties. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” If you live outside of California, you waive any other statute, law, or rule of similar effect in your jurisdiction.
THE SERVICES IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND NEX (AND OUR LICENSORS OR OTHER SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR LICENSORS OR OTHER SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any warranty as set forth herein, the scope and duration of such warranty shall be the minimum permitted under applicable law.
6. Limitation on Liability
IN NO EVENT SHALL NEX (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
UNDER NO CIRCUMSTANCES WILL NEX BE LIABLE TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US ANY SUCH AMOUNTS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT OUR LICENSORS OR OTHER SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS.
Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitation or exclusion may not apply to you. To the extent that we may not, as a matter of applicable law, limit our liability as set forth herein, our liability shall be the minimum permitted under such applicable law.
7. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Services will terminate immediately. You understand that any termination may involve deletion of your User Content from our live databases. Nex will not have any liability whatsoever to you for any termination of your rights under these Terms, including for deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2 through 1.7, and Sections 2 through 9.
8. Copyright Policy
Nex respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
The contact information for the Copyright Agent for Nex is as follows:
NEX Team Inc.
Attn.: DMCA Agent
333 W San Carlos St, Suite 600
San Jose, CA 95110
9.1. Changes. These Terms are subject to occasional revision and its latest version (with the revision date stated) will be made available through the Services. In case we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Services. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any substantial changes to these Terms will not become effective within thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Services. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9.2. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Nex and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Nex that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Nex, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Nex should be sent to: NEX Team Inc., 333 W San Carlos St., Suite 600, San Jose, CA 95110. After the Notice is received, you and Nex may attempt to resolve the claim or dispute informally. If you and Nex do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Nex made to you prior to the initiation of arbitration, Nex will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or Nex pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Nex, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Nex.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Nex in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Nex.
(m) Small Claims Court. Notwithstanding the foregoing, either you or Nex may bring an individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California, for such purpose.
9.3. Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Nex, or any products utilizing such data, in violation of the United States export laws or regulations.
9.4. Governing Law. These Terms and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions.
9.5. Electronic Communications. The communications between you and Nex use electronic means, whether you use the Services or send us emails, or whether Nex posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Nex in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Nex provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
9.7. Copyright/Trademark Information. Copyright © 2023 NEX Team Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party which may own the Marks.
9.8. Contact Information:
NEX Team Inc.
333 W San Carlos St.,
San Jose, CA 95110
10.1. Notice Regarding Apple. This Section 10 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Nex only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third-party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third-party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
10.2. In-App Purchase. Certain enhanced features of the Services are available for your purchase through Apple App Store. The purchase(s) is/are referred to collectively as the “In-App Purchase(s)” and subject to the following terms:
(a) When you make an In-App Purchase, payment will be charged to your iTunes account at confirmation of the purchase.
(b) In-App Purchase may take the form of a subscription. Any unused portion of a free trial period (if offered) will be forfeited when you purchase a subscription (where applicable).
(c) In-App Purchase may take the form of an auto-renewable subscription. These subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current subscription period. Your iTunes account will be charged for renewal within 24-hours prior to the end of the current subscription period. You may manage the subscriptions and turn off auto-renewal by going to your iTunes account settings after purchase.
For any enquiries relating to In-App Purchase, please contact Nex at email@example.com.