Terms

Welcome to NextGame, a website and online and mobile service of NextGame, Inc. ("NextGame," "we," or "us"). This page explains the terms by which you may use the NextGame web site, mobile device software applications (the "NextGame Software"), and any other web or mobile services or applications owned, controlled, or offered by NextGame in association with this site (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you are a registered user of our Service.

We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use Agreement. If you do not agree to any of these terms or any future Terms of Use Agreement, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

1) Use of Our Service

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.

2) User Content

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.

3) License Grant

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.

4) End User Licenses

• NextGame Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. NextGame reserves all rights not expressly granted herein in the Service and the NextGame Content (as defined below). NextGame may terminate this license at any time for any reason or no reason.
• NextGame Software. To use the NextGame Software you must have a mobile device that is compatible with the NextGame Service. NextGame does not warrant that the NextGame Service will be compatible with your mobile device.
• License Grant. NextGame hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the NextGame Software for one NextGame Member account on one mobile device owned or leased solely by you, for your personal use.
• Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the NextGame Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the NextGame Software to any third party or use the NextGame Software to provide time sharing or similar services for any third party; (iii) make any copies of the NextGame Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the NextGame Software, features that prevent or restrict use or copying of any content accessible through the NextGame Software, or features that enforce limitations on use of the NextGame Software; or (v) delete the copyright and other proprietary rights notices on the NextGame Software.
• Software Upgrades. You acknowledge that NextGame may from time to time issue upgraded versions of the NextGame Software, and may automatically electronically upgrade the version of the NextGame Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
• Third-Party Code. Any third-party code that may be incorporated in the NextGame Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
• Rights Reserved. The foregoing license grant under this Agreement is not a sale of the NextGame Software or any copy thereof and NextGame or its third party partners or suppliers retain all right, title, and interest in the NextGame Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. NextGame reserves all rights not expressly granted under this Agreement.
• Government End Users. If the NextGame Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the NextGame Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
• Export Control. The NextGame Software originates in the United States, and is subject to United States export laws and regulations. The NextGame Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the NextGame Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the NextGame Software and the NextGame Service.
• NextGame Software from iTunes. The following applies to any NextGame Software you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and NextGame, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to NextGame as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to NextGame as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, NextGame, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and NextGame acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.

5) Our Proprietary Rights

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.

6) Paid Services - Fictional Property

• Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the NextGame Service, you agree to the pricing, payment and billing policies applicable to such fees and charges. NextGame may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
• Fictional Property. When using the NextGame Service, you may accumulate fictional property ("Trophies") related to the NextGame Service that reside as data on NextGame's servers. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON NEXTGAME'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN NEXTGAME'S SOLE DISCRETION. NEXTGAME DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY SUCH DATA RESIDING ON NEXTGAME'S SERVERS.
• No Refunds. You may cancel your NextGame Account and/or Funding Account at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, NextGame has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that NextGame suspends or terminates your NextGame Account, or this Agreement, you understand and agree that you shall receive no refund or exchange for any NextGame Currency, any unused time on a subscription, any license or subscription fees for any portion of the NextGame Service, any content or data associated with your NextGame Account, or for anything else.

7) Privacy

We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

8 ) Security

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.

9) Additional Representations and Warranties

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.

10) Third-Party Links

NextGame may contain links to third-party websites, advertisers, or services that are not owned or controlled by NextGame. NextGame has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from NextGame, you do so at your own risk, and you understand that this Agreement and NextGame's Privacy Policy do not apply to your use of such sites. You expressly relieve NextGame from any and all liability arising from your use of any third-party website or services or third party owned content. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

11) Indemnity Relating to Services and the Agreement

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.

12) No Warranty

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.

13) Limitation of Liability/Indemnity for Personal Injuries and Property Damage

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.

14) Assignment

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.

15) General

• Notification Procedures. NextGame may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by NextGame in our sole discretion. NextGame reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
• Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law.
• Jurisdiction. You and NextGame agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of the Commonwealth of Virginia, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the courts of the Commonwealth of Virginia, City of Charlottesville, or, if it has or can acquire jurisdiction, in the United States District Court for the Western District of Virginia, Charlottesville Division. You consent to the personal jurisdiction of such courts (and of the appropriate appellate courts) over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objections to proceeding in such courts. If you choose to gain access to the Services from locations other than Virginia, you will be responsible for compliance with all local laws of any such other location(s), and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
• Entire Agreement/Severability. This Agreement, together with any amendments and other legal terms referenced in the Agreement, shall constitute the entire agreement between you and NextGame concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Notwithstanding the terms of this Section 15(d) of the Agreement, the NextGame Privacy Policy shall govern the matters set forth therein. In the event of a conflict between the terms of this Agreement and the terms of the NextGame Privacy Policy, the terms of this Agreement shall control.
• No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and NextGame's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
• Survival. You continue to be bound by this Agreement after termination of your account.

This Agreement was last revised on May 20, 2011.

Please contact us with any questions regarding this Agreement.

NextGame, Inc.
info@nextgamenation.com