Terms And Conditions

Effective Date: July 9th, 2021

 

This Terms of Service (“Agreement”) is a legally binding agreement between NexStead Games Private Limited (“NexStead”, “we”, “our”, or “us”) and you (“you” or “User”). This Agreement governs your use of or access to NexStead's Game(s), our online website, any game-specific site, customer support, social media, community channels and/or any other online services provided by NexStead and any of our authorized third-party(collectively the “NexStead Services”), whether as a guest or a registered user.

By making a registration or application for the Account, downloading the software of NexStead Game(s), playing the NexStead Game(s) (including but not limited to updates, upgrades, patches), browsing our websites, accessing various online operation or maintenance services, or otherwise accessing to any services provided by NexStead , you are deemed to have read, understood, and accepted all the terms of this Agreement. 

NexStead reserves the right to amend, modify or revise this Agreement at any time and you agree to check periodically for new terms. Please note that your continued use of the NexStead Services shall constitute your acceptance to be bound by the newly updated Agreement. 

If you do not agree to any term of this Agreement, please do not, either directly or indirectly, use or access to the NexStead Services in any way.

 

1.  The NexStead Account 

You may be required to register or have a NexStead account in order to use the NexStead Services (“Account”).

You may establish an Account only if you are a natural person and an adult in your country of residence and you are not an individual specifically prohibited by us from using the NexStead Services.

When registering as a user (“User” or “Registered User”) you must provide certain requested information.

You agree that you will:

  1. provide accurate, up-to-date and complete information about you whenever prompted or permitted by any site registration process (" Personal Data "); and

  2. maintain and promptly update your Personal Data and keep your Personal Data accurate, up-to-date and complete.

You shall be responsible for keeping your Account secure and confidential (including but not limited to passwords or other related account information). Also, you acknowledge that you shall be responsible for any and all behaviors performed and identified on or through your Account, whether or not authorized by you.

Account is unique as well as important to each user. You shall neither transfer or otherwise make your Account information available to third-parties, nor use other user(s)’ Account(s) at any time. If you sell your Account or other related information, NexStead reserves the right to take actions, including but not limited to terminate your Account immediately without any refund.

We may terminate your usership or Account at any time for any reason without any further formality if we have reason to believe that you have failed to comply with any of the terms between NexStead and you. Besides, you will not be permitted to re-register as a User without our express permission. If you decide to terminate your usership or Account, please contact our support service and we may terminate it as soon as reasonably practical after receiving your termination request.

You are responsible for maintaining the confidentiality of your Account information and if any third-parties uses your Account or otherwise access to your Account, you may not claim compensation from NexStead. Besides, in the event of theft, unauthorized use or any other security breach pertaining to your Account, you may notify NexStead immediately.

 

2.  Rules of Usage

  1. You acknowledge and agree that your use of the NexStead Services is also governed by the Privacy Policy which may be amended from time to time by NexStead in its sole discretion. You acknowledge and agree that the Privacy Policy is incorporated and a part of this Agreement.

  2. Subject to all applicable law (including US copyright law and DMCA), on the condition that you agree to and continuously comply with this Agreement, and any other separate agreements or policies (if any)between you and us, NexStead hereunder grants you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable right and license to install and use one copy of the software of NexStead Game(s) solely for your own personal entertainment and non-commercial purpose on a device you legally own or control.

  3. You acknowledge and confirm that you may not, either directly or indirectly, do or attempt to do any of the following action with respect to any or all of the NexStead Services: 

  • Post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;

  • Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of the public;

  • Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests (including the rights of privacy, publicity or trade secret) of NexStead or third-parties;

  • Develop, use or distribute any software, script code, plug-in unit, programs or applications that may cause an unfair competitive advantage;

  • Exploit, distribute or publicly inform third-parties of any game error, miscue or bug, regardless of an intended advantage or not; 

  • Sell, lease, rent, license, sublicense or otherwise use whole or part of NexStead Services and related contents, information, element for a commercial purpose;  

  • Copy, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create derivative works based on any of the NexStead Services; 

  • Use illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of the NexStead Services without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files or other unauthorized programs; 

  • Use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations; and/or 

  • Allow or assist any third-parties to do any of the above.

You further confirm that your will respect local customs or practices and the use of the NexStead Services shall obey any applicable laws or local regulations. And you shall immediately stop using or accessing to the NexStead Services when local laws or local regulations so require.

Except as expressly authorized under this Agreement, you may not copy the NexStead Services whole or part or any accompanying materials therein. Because the NexStead Services contain our proprietary information, you agree: (a) to hold in the strictest confidence all code and any technical elements of the NexStead Services, (b) not to copy, reproduce, distribute, manufacture, reveal, report, publish, disclose or otherwise transfer any of our un-public information, and/or (c)subject to all applicable law (including US Copyright law and DMCA), not to make use of the NexStead Services except for your individual enjoyment and non-commercial purpose. 

Except expressly authorized herein, any use of the NexStead Services whole or part, without our prior written consent, is strictly prohibited and the license granted herein will be terminated. NexStead expressly reserves the right to deny anyone access to the NexStead Services at any time for any reason without prior notice. You further agree that NexStead, without any liability, shall be entitled to suspend or terminate providing any of the NexStead Services or change the provided content at any time for any reason without prior notice.

We reserve the right, but are not obligated, to attention or be involved in disputes between users. While we may choose to attention and take action upon inappropriate game play, chat or links in or to the NexStead Services. You are solely responsible for any interactions with other users. By using the NexStead Services, you acknowledge and accept that at any time there may be language or material, accessible on or through the NexStead Services, that may be inappropriate, in particular for children, or otherwise offensive to some users of any age, race, religion, gender. You agree that under no circumstances shall NexStead be liable for any such inappropriate user behavior or language. NexStead reserves the right to suspend or terminate your access to the NexStead Services and/or take other actions at the same time.

You further agree that NexStead may not be liable for the behavior of any other users or third-parties, including but not limited to any third-parties’ websites or services linked on or through the NexStead Services.

3.  User Contributions

  • The NexStead Services may contain various websites, forums, communities, networks, or other interactive features that allow you to post, submit, publish, display, or transmit any content or materials on or through the NexStead Services (“User Contributions”), including but not limited to any text, forum post, chat post, profile, widget, message, link, feedback, email, music, sound, graphics, picture, video, code, audio visual or other materials appearing on or emanating to or from the NexStead Services. NexStead has no obligation to monitor these User Contributions, but we may do so and reserve the right, in our sole discretion, to monitor, filter, moderate, edit and/or remove any or all of User Contributions that are objectionable or inappropriate at any time without prior notice. NexStead may also at any time terminate or suspend your access to any of the User Contributions for any reason and without prior notice. 

  • Any of the User Contributions may not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, injurious to third-parties, or otherwise inappropriate or objectionable, and may not consist of or contain viruses or other kinds of destructive script code, plug-in unit, programs or software. You acknowledge that you shall be fully and solely responsible for you own behavior when using the NexStead Services, including but not limited to any User Contributions posted by you. You also acknowledge and confirm that under no circumstance, shall NexStead be liable for any User Contributions posted by you. You further confirm that any of the User Contributions are neither endorsed nor controlled by NexStead. 

  • You acknowledge and agree that when you use the NexStead Services, you have no expectation that your User Contributions will be private and NexStead may disclose your User Contributions for any reason without prior notice.

  • Any User Contributions that you post will be considered non-confidential and non-proprietary and you confirm that you irrevocably and unconditionally grant NexStead a global, fully paid up, royalty-free, perpetual, transferable, sub-licensable and unlimited right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works of, reformat, distribute, manufacture, sell, license, sublicense, transfer, rent, lease, transmit, communicate, publicly display, publicly perform, provide access to, or otherwise practice such User Contributions or any portion thereof, in any and all media, formats and forms, known now or hereafter devised. You understand that you shall not be entitled to claim any compensation, charges, fees, consideration, or other remuneration in connection with your User Contributions for any reason, including our exercise of the rights you grant to us in this section and that we are not obligated to exercise such granted rights. Furthermore, you agree that any such submission by you shall not create any contractual relationship between you and NexStead. You also grant all other users, who can access to your User Contributions, the right to use, copy, modify, display, perform, create derivative works from, communicate about or otherwise distribute your User Contributions on or through the NexStead Service without prior notice, attribution or compensation to you. Except to the extent such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country worldwide.

  • You represent and warrant that the User Contributions: (i) are accurate and not fraudulent or deceptive; (ii) do not violate any rights or interests (including but not limited to intellectual property rights) of NexStead and/or third-parties. You understand that User Contributions may be copied by other users and discussed within or outside of the NexStead Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Please note that NexStead takes no responsibility and assumes no liability for any content posted by you or any third-parties.

  • WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER CONTENT THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE, AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY SUCH CONTENT. YOU MAY, HOWEVER, MAKE COMPLAINTS BY ACCESSING TO OUR SUPPORT SERVICE.

4.  Child

  • You acknowledge that the BELOW STATEMENT would change at any time if any protection of Minors policy in your country/region undergo changes.

  • You represent that you are an adult in your country of residence (or at other age in your jurisdiction where you are classified as a majority) when using the NexStead Services. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (“Minor” or “Child”), YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT. 

  • Subject to the laws, regulation or rating system demand of your country of residence, minor may utilize an Account established by their parent or legal guardian. In the event that you permit your minor child to use an Account, you hereby agree to this Agreement on behalf of yourself and your Child, and you agree that you will be responsible for any use of the NexStead Services by your Child, whether or not such use is authorized by you.

5.  Ownership / Intellectual Property

  • NexStead shall own all rights, titles and interests (including but not limited to the ownership, intellectual property rights, neighboring rights and other rights and interests) in and to the NexStead Services under this Agreement. You acknowledge that your use of the NexStead Services does not confer you any right or interest or otherwise, in any aspect or feature of it, including but not limited to (if any) any in-game rewards, achievements, characters, Virtual Currency, levels and other content. You further acknowledge that any character data, game progress, game customization and/or other data pertaining to your use of the NexStead Services may cease to be available to you at any time without prior notice in the sole discretion of NexStead. 

  • Any or all of the NexStead Services (including trade secrets, database rights, copyright, patent, trademark and other intellectual property rights and interests thereof) are copyrighted and protected by any applicable laws (including but not limited to any applicable copyright laws and international treaties). To be specific, any materials that are part of the NexStead Services (including but not limited to any content, websites, games, programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, themes, concepts, stories, storylines, technology, architecture, logic, structure, sequence, organization, themes, symbols, instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories, Virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software, related documentation, and all other features contained in the NexStead Services) are protected by applicable laws from unauthorized use. 

  • You agree that any or all of the NexStead Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without NexStead express prior written permission. Any use of our copyrighted materials, including but not limited to make derivative works, requires the express prior written consent of NexStead. Please note any unauthorized reproduction or redistribution of the NexStead Services shall be prohibited and may result in severe legal penalties.

  • NexStead remains the sole owner of rights, titles and interests (including intellectual property rights, neighboring rights and other rights and interests) in and to the NexStead Services. You acknowledge and agree that you may not have any right or interest as a result of using the NexStead Services, except explicitly granted to you under this Agreement. 

 

6.  User Content 

  • “User Content” means feedback, suggestions, comments, ideas, and/or any other information, including but not limited to software and code, that you provide, publish, or otherwise communicate directly or indirectly to NexStead or our agents pertaining to the NexStead Services. You confirm that you irrevocably grant NexStead a global, irrevocable, fully paid up, royalty-free, perpetual, sub-licensable, transferable, assignable and unlimited license, allowing NexStead to use, disseminate, copy, modify, sub-license, translate, publish, distribute, network transmit, publicize, promote, perform, display, create derivative works, sell, offer to sell and/or otherwise use User Content for any purposes. You further confirm that any User Content provided by you hereunder may not infringe intellectual property rights, related rights and/or other proprietary or personal rights. Besides, your participation in a “test period” or a “beta version” game or something of that kind may be agreed upon separately and your access to our game may be subject to specific rules, such as limited period or limited number of users to access to the game, our reserved rights to modify or delete the game data of users. Please read carefully those specific rules and your cooperation and User Content upon our beta version of the game are highly appreciated. 

  • If any such right or interest in the User Content may not be licensed or transferred under any applicable laws (such as moral or other personal rights), you hereby expressly waive and agree not to assert any such rights, credit and/or claim for any compensation from NexStead.

 

7.  In-Game Currency and Goods 

1)  The NexStead Services may include an opportunity for you to purchase virtual, in-game currency (“Virtual Currency”) with real money. The NexStead Services may also include the purchase of virtual, in-game digital items (“Virtual Goods”) with real money or Virtual Currency. You acknowledge that Virtual Currency and Virtual Goods shall never be redeemed for real money or any item with monetary value. You understand that both Virtual Currency and Virtual Goods are licensed, not sold, to you under this Agreement and NexStead reserves and retains all right, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency.

2)  Your purchase of Virtual Currency and/or Virtual Goods is non-exchangeable and non-transferable, except otherwise granted by laws of your country. Except inside the NexStead Game(s), you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods, which is a violation of this Agreement and will result in a termination of your Account with the reserve of NexStead’s rights to continue claiming for compensation.

3)  NexStead reserves the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You acknowledge and agree that NexStead may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.

4)  When you provide payment information to NexStead or its authorized processor, you represent that you are an authorized user of any payment method specified by you, and you authorize NexStead to charge such payment method for the full amount of the purchase transaction.

5)  You agree and consent that due to the special nature of online game services, there is no physical goods transaction, and your purchasing experience comes from online game services provided by the game manufacturer. Therefore, refund is not applicable unless the Game operation is terminated.

 

8.  Protection of Personal Information

All the information collected from you is subject to Local Laws and NexStead shall try its best efforts to protect your provided information. Please pay attention that this Agreement may be updated by us from time to time and your continued use of the NexStead Services shall constitute your acceptance to the newly updated Agreement. Subject to any applicable laws and regulations, user has the right to request modification or deletion of your personal information after passing our review process in a required proper manner. Please see NexStead ’s Privacy Policy for more information regarding to the collection and use of your information.

9.  Inappropriate User Behaviors

  • NexStead holds you accountable for your own behaviors and languages, encourages you to play NexStead Game(s) in a healthy and civilized manner, and strictly prohibits you from any improper or objectionable behaviors. You are prohibited from, in any way, claiming as our employees or disseminating false information either to NexStead or third-parties, spreading vulgar information, posting illegal websites, spam advertisements or any information or materials involving drugs or otherwise attacking, threatening or insulting towards a portion or all of the users. Any dissemination of plugins, Trojan horse programs, or any other kind of viruses is also strictly prohibited. 

  • You are prohibited from engaging in, directly or indirectly:

    • vulgar expressions, coarse language, abusive behavior, verbal harassment, either towards NexStead or other users; 

    • use of any unapproved payment methods;

    • use of cheating programs or other malicious game programs; 

    • dissemination of information or materials that violate popular customs, religious beliefs, habits or social morality of a portion or group of the public;

    • disclose, furnish, disseminate or otherwise make any of our or other users’ un-public information available to third-parties; and/or

    • any other inappropriate behaviors or languages that may damage the reputation of NexStead.

  • We reserve the right, but are not obligated, to attention or be involved in disputes between users. Depending on the relevant situation, NexStead may take action, including but not limited to, sending a warning, blocking communications, suspending, off-lining, banning or terminating your Account temporarily or permanently, blocking login, deleting game files or otherwise take actions in our sole discretion. We reserve and maintain the final rights to interpret and take actions according to relevant circumstances of your inappropriate behaviors. If your rights are violated by other users, we will assist you in providing the necessary materials to defend your rights.

  • If you breach this Agreement or upon any user behavior whatsoever which is, in our sole discretion, an abuse and/or in violation of the spirit of the NexStead Game(s) or otherwise inappropriate or objectionable to a portion or group of the public, we shall be entitled to, without prior prior notice, suspend your access to the NexStead Services for an indefinite period of time, block your Account, terminate your access to our services and/or terminate this Agreement immediately without prior notice. 

10.  Indemnification

You agree to defend, indemnify and hold NexStead and/or its affiliates, employees, officers, managers, directors, agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:

  • your access or use of the NexStead Services;

  • your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under this Agreement; 

  • any materials, User Contributions, User Content or other information provided by you or on your behalf; 

  • your violation of any applicable laws or third-parties’ rights and interests; and/or

  • your other illegal or inappropriate behavior.

 

11.  Injunctive Relief

Without prejudice to any other rights or remedies that NexStead may have, you acknowledge and agree that in the event of any threatened or actual breach of this Agreement, NexStead shall, without proof of special damage, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which NexStead may be entitled. You irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from NexStead.

12.  Limitation of Liability

  • You agree that your use of the NexStead Services shall be at your own risk. NexStead provides the NexStead Game(s) and/or the NexStead Services on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable laws, NexStead and/or its affiliates, employees, officers, managers, directors, agents, disclaim all warranties of any kind, including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of express or implied, regardless of in the aspect of tort, contract or otherwise, and regardless of whether NexStead has been advised of the possibility of such liabilities. 

  • NEXSTEAD HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES AND REPRESENTATIONS, EITHER EXPRESS, IMPLIED, ORAL OR WRITTEN. NexStead makes no warranties about the accuracy or completeness of the NexStead Services. Also, NexStead assumes no liability or responsibility for: (i) any errors, mistakes, or inaccuracies of the NexStead Services; (ii) personal injury, property damage, lost profits, loss of data or any indirect, special, incidental, exemplary, consequential or punitive damages arising from your use of the NexStead Services; (iii) any interruption, suspension or termination of the NexStead Services; (iv) any bugs, viruses or similar links transmitted by third-parties on or through the NexStead Services; (v) any programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information of you; and/or (vi) any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.

  • In no event shall NexStead be liable to you or third-parties for any indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if NexStead has been advised of the likelihood of such damages occurring. 

  • NexStead has no control over Third-party sites which you may have access, including those sites which are linked to our websites. Therefore, NexStead is not responsible for the content or function of any other websites, and disclaims any liability for any aspects of such Third-party websites via your direct access or through our websites or software functionality. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.

  • THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF MIHOYO AND OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES, WILL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE TOTAL FEES PAID BY YOU TO US DURING THE THREE (3) MONTHS PRIOR TO YOUR MAKING A CLAIM AGAINST NEXSTEAD. These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.

13.  Limitation on Claims

To the maximum extent permitted by applicable laws, any claim arising from or in connection with this Agreement and/or the NexStead Services, must commence within one year after you shall first become aware of or within one year after the claim or cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.

 

14.  Modification

NexStead reserves the right to amend, modify or revise this Agreement at any time in any way without prior notice and you agree to check periodically for new information and terms that govern your use of the NexStead Services and you agree to be bound by all amendments, modifications and revisions. Your continued access to NexStead Services will constitute your acceptance to the newly updated Agreement and any agreements or policies therein. If at any point you do not agree to any portion of then-current version of agreements or policies pertaining to your use of the NexStead Services, your license under this Agreement shall immediately terminate and you may immediately stop accessing to the NexStead Services.

 

15.  Non-waiver

No failure or delay on the part of NexStead in exercising any right, power or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege. 

 

16.  Notice

If to you to the maximum extent permitted by applicable laws, NexStead may send notices (including but not limited to various rules, notifications, prompts, or other information pertaining to the use of the NexStead Services) to the users through one or more of the following, including but not limited to notice or announcement within the NexStead Game(s), page announcement on the NexStead's websites, games, official channels, web site tips, mobile phone messages, email, or other contact information you provided to NexStead .

Once any notice is dispatched or sent in any way listed above by NexStead , it shall be deemed to have been served to you and have a binding effect on you. If you do not agree to, please inform NexStead in writing within 15 days as of the receipt of such notice. Otherwise, it shall be deemed that you have accepted and agreed to such notice.

 

17.  Termination

  • Without limiting any other rights of NexStead, this Agreement will terminate automatically without prior notice if you fail to comply with any term or condition of this Agreement or any agreements or policies referred herein. You may also terminate this Agreement by deleting the NexStead Game(s) from all devices on which you’ve installed and immediately stop your uses of the NexStead Services. Upon any termination, you shall no longer exercise any of the rights granted to you and you must destroy all copies of the NexStead Game(s) in your possession. 

  • Despite the termination/expiration of this Agreement, your obligations accumulated prior to the termination/expiration shall still be fulfilled by you. Also, all the rights and interests of NexStead and the authorization (if any) granted to NexStead shall still remain in effect and survive the termination of this Agreement. 

 

18.  Severability

If any provision of this Agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible and deleted from this Agreement and the rest of this Agreement may not be affected and remain in effect. Notwithstanding the foregoing, if the class action waiver is found invalid, unenforceable, or illegal, you agree that it may not be severable. In other words, under no circumstances shall arbitration be conducted on a class basis without the express prior written consent of NexStead.

19.  Governing Law

  • This Agreement shall be governed by and construed under the laws of India excluding its conflict of law principles. The Convention on Contracts for the International Sale of Goods will not apply. You agree and acknowledge that any claims or legal actions between you and NexStead shall be referred to INDIAN COUNCIL OF ARBITRATION (“ICA”) for arbitration which shall be conducted in accordance with such commission’s arbitration rules. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in India. You hereby consent to, and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment.

  • SUBJECT TO APPLICABLE LAWS AND REGULATIONS, BOTH PARTIES CONFIRM THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. 

 

20.  No Assignment

You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of NexStead. Otherwise, NexStead may, in its sole discretion, terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then this Agreement will be binding on you and any of your recipient. Notwithstanding the foregoing, NexStead shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.

21.  General

  • This Agreement contains the entire contract of the parties regarding the subject matter of this Agreement and supersedes any prior written or oral agreements (if any) between you and NexStead.

  • References to “include”, “includes” and “including” shall be construed so as to mean include without limitation, includes without limitation and including without limitation, respectively.

  • Affiliate in this Agreement shall mean an entity that directly or indirectly controls, or is controlled by or is under common control with NexStead Games Private Limited hereto.  

  • NexStead may translate this Agreement into other languages. If there is any difference between the English version and other language versions, then the English version, subject to applicable laws and regulations, shall prevail.

  • In addition to any other limitations which may be set forth herein, NexStead may not be responsible for any delay or failure to perform resulting from causes outside the reasonable control of NexStead, such as acts by governmental authorities, acts of God or other events outside of the reasonable control of NexStead.

  • You agree that NexStead expressly reserves the right, at any time for any reason without prior notice and without any form of compensation, to suspend or deny anyone using or accessing to the NexStead Game(s) and/or the NexStead Services; to cease providing any services; and/or to change, add any portion of the NexStead Services. 

  • You represent that you are entering into this Agreement on a completely voluntary basis and you expect no compensation other than what is expressly granted under this Agreement.

  • In case of any inconsistency between this Agreement and local laws of your country or residence, local laws shall prevail and govern.

 

22.  Contact 

If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us in the first instance, either contact us from Contact Us page or email us at contact@nexsteadgames.com.

NexStead Games Private Limited
Effective Date: July 9th, 2021