NextGame provides users the ability to connect to other users and groups in order to find and organize pickup sports, and other recreational activities. . You do not have to register in order to visit NextGame. To access certain features of the Service, though, such as connection through your mobile device and the ability to make friends, you will need to register with NextGame and create a user account. Your user account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or have the consent of your parent or legal guardian, and are fully able and competent to enter into this Agreement and to abide by and comply with its terms. You may never use another Member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify NextGame immediately of any breach of security or unauthorized use of your account. Although NextGame will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of NextGame or others due to such unauthorized use. You may control your Member profile and how you interact with the Service by changing your settings on the Service. By providing NextGame your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or mobile phone telephone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences by changing your settings. Opting out may prevent you from receiving messages regarding updates, improvements, or offers. You agree to use the Service only in accordance with our Acceptable Use policy. You assume all risks arising in connection with seeking or creating a location on the Service (a "Location") or any other related activity. Always exercise common sense and caution. For instance, setting your home as a public Location advertises your address to the world. All aspects of the Service are subject to change or elimination at NextGame 's sole discretion. NextGame reserves the right to interrupt the Service and/or to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service with or without prior notice for any reason or no reason. You agree that NextGame will not be liable to you for any interruption of the Service or your account. You are solely responsible for your interactions with other NextGame Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. NextGame shall have no liability for your interactions with other Users, or for any User's action or inaction.
Some areas of the Service may allow Users to post and/or create Locations, feedback, comments, questions, and other information (collectively "User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You agree to comply with the Acceptable Use Policy in posting User Content. NextGame takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service, including without limitation your posting of or visits to Spots, is solely your responsibility. NextGame is not responsible for any public display or misuse of your User Content. You may be exposed to User Content that is inaccurate or objectionable.
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to NextGame a royalty-free, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
Except for your User Content, all right, title, and interest in and to the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "NextGame Content") are and will remain the exclusive property of NextGame and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the NextGame Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. Any feedback, comments, or suggestions you may provide regarding NextGame or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We have implemented commercially reasonable technical and organizational measures designed to implement your privacy settings and secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, that: (a) you are at least 18 years of age or over the age 13 per section 1; (b) you have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (c) your User Content and NextGame's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; and (d) NextGame may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
You agree to defend, indemnify and hold harmless NextGame and its subsidiaries, agents, officer, directors, employees, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code; or (vii) your use of the Service to meet another User in-person or to locate and/or visit any offline place or event.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, NEXTGAME, ITS PARTNERS AND LICENSORS DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXTGAME, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE NEXTGAME SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH NEXTGAME OR ANY OTHER USER OF THE NEXTGAME SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NEXTGAME HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
PARTICIPATING IN ANY PHYSICAL ACTIVITY INVOLVES SOME RISK OF PHYSICAL INJURY OR DEATH. NEXTGAME AND ITS PARTNERS DO NOT ASSUME ANY RESPONSIBILITY FOR THE CONTENT OF NEXTGAME, FOR THE BEHAVIOR OF USERS, OR FOR ANY OTHER RISK OF BODILY INJURY OR DEATH ARISING IN CONNECTION WITH USING NEXTGAME OR PARTICIPATING IN ACTIVITIES ORGANIZED USING NEXTGAME. NEXTGAME AND ITS PARTNERS ARE NOT RESPONSIBLE FOR ENSURING ACCESS TO THE LOCATIONS WHERE NEXTGAME ACTIVITIES ARE PLAYED. USERS PARTICIPATE IN NEXTGAME ACTIVITIES DO SO AT THEIR OWN RISK.
YOU AGREE to INDEMNIFY, DEFEND, and HOLD HARMLESS NextGame and its subsidiaries, agents, officer, directors, employees, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors from and against any and all claims, suits, demands, causes of action, proceedings, orders, decrees, and judgments for bodily injury, wrongful death, loss of services, PROPERTY DAMAGE, and/or any other reason, and from and against any and all costs and expenses, including attorney's fees, which may arise out of YOUR USE OF THE SERVICE and/or any activities, GAMES, AND/OR OTHER EVENTS FOR WHICH YOU MAY PARTICIPATE THAT IN ANY WAY ARISE FROM, ARE FOUND THROUGH, OR ARE OTHERWISE COORDINATED THROUGH YOUR USE OF THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. The Service is controlled and operated from its facilities in the United States. NextGame makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You 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. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NextGame without restriction.
This Agreement was last revised on May 20, 2011.
Please contact us with any questions regarding this Agreement.