Last updated: March 08, 2022
Welcome to ‘NXPLAY.R’, a global social and professional network connecting all those involved in the sport of football/soccer including, but not limited to, active and non-contracted/employed football players, clubs, academies, scouts, agents, coaches, technical staff, physiotherapists, nutritionists, surgeons, phycologists, schools, brands, sponsors, sports companies, passive and active job seekers, national and international football associations, sports press, fans and investors. ‘NXPLAY.R’ proposes two modules: a Talent Pool (called ‘The Star Lab’) and a Business Network Service (called ‘The Bizz Network’).
The ‘NXPLAY.R’ Talent Pool and Business Services offered through the website located at the address www.nxplayr.com (the “Website”), and the ‘NXPLAY.R’ mobile application (“App”) are hereinafter collectively referred to as the “Platform”. The Platform is owned and operated by Starmaker Labs FZ-LLC, a Company formed and operating from its head office in Dubai, United Arab Emirates (the “Company,” “we,” “us” or “our”).
Account Registration and Safety
Payments, Cancellations and Refunds
Advertisement Disclosure and Disclaimer
Governing Law and Jurisdiction
These ‘NXPLAY.R’ Social Terms of Use govern your access to and use of the ‘NXPLAY.R’ Talent Pool and/or Business Services through the Platform, including all related resources, software features/functionality, support services, and custom services provided by the Company to you (collectively “‘NXPLAY.R’ Services”).
These Terms of Use, along with our Copyright Policy, Community Policy, and Privacy Policy, are collectively referred to as the “Agreement” or the “Terms”.
By registering a user account or otherwise using the ‘NXPLAY.R’ Services, you (“you,” “your,” or “user,”) are entering into a legally binding agreement with the Company even if you are using the ‘NXPLAY.R’ Services on behalf of an organisation/business. If you do not agree with any provision of this Agreement, you should immediately cease the use of ‘NXPLAY.R’ Services.
The Company reserves the right in its sole discretion to offer new services that may require you to agree to additional terms and conditions as specified by us from time to time. Your use of such new services will be subject to applicable additional terms and conditions. In the event of any conflict between this Agreement and such other terms and conditions, the latter shall prevail relating to your use of the other service.
3.1. By proceeding with the user account registration, you are representing to the Company that you are at least 16 years of age or older, you have the capacity and authority to enter into this Agreement, and you agree to abide by all the provisions of this Agreement;
3.2. If you are under 16 years of age (“child”), you may not sign up for a user account yourself, but you may ask your parent or legal guardian (“parent”) to sign-up for a user account on your behalf (“parent managed account”). As a parent, if you create a parent managed account for your child, you are responsible for compliance with this Agreement including any payment obligations, and any personal data submitted through your parent managed account to the Platform. As a parent, by signing up for a user account on behalf of your child, you represent and warrant that:
3.2.1. You are at least 18 years of age or the minimum age of majority in your jurisdiction, whichever is higher;
3.2.2. You have the legal capacity and authority to enter into this Agreement; and,
3.2.3. You have read and understood this Agreement, and agreed to be bound by it.
As a parent, you shall be solely responsible for any personal data about your child submitted through your parent managed account including but not limited to any personal data included in your child’s public profile, or other user content.
The following words shall have the meaning as defined hereunder:
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“account holder” |
refers to the individual who signs up for the user account on the Platform, either on his/her own behalf or on behalf of his/her child or business.
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“parent managed account” |
refers to a user account that is created and managed by a parent (or legal tutor) on behalf of his/her child.
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“user account” |
refers to an account issued by the Company to an individual on the Platform which enables that individual to log into the Platform and make use of certain features and functionality. Any reference to a user account refers to any/all user accounts including but not limited to “parent managed accounts”, and business accounts as the context indicates.
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“user role” |
refers to the primary role specified on a user’s profile on the Platform. Some examples of user roles include Player, Agent, Coach, Scout, Academy, Club, Fan, Corporate, Job Seeker… etc.
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“user content” |
refers to any content submitted by an account holder through their user account on to the Platform as outlined in section 5.1 of this Agreement.
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“user”, “you” or “your” |
refers to any user account holder on the platform who satisfies the eligibility criteria. In case of a parent managed account, “user”, “you” or “your” refers to the parent who signs up for a parent managed account on behalf of their child.
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The use of the masculine or feminine gender and the use of the singular or plural number shall not be given the effect of any exclusions or limitations herein. All pronouns shall be deemed masculine or feminine, singular or plural, as the identity of the person or entity may require.
The ‘NXPLAY.R’ Service is a global social and professional network Platform connecting all those involved in the sport of football/soccer. The Platform includes features and functionality that enable users to create a public profile, post, share and interact with user content, gain visibility, form/join groups, create events, build new connections, find new opportunities and much more.
5.1. User Content
5.1.1. The Platform enables users to upload, post or transmit images, text, audio, video, graphics and other content protected by applicable intellectual property laws including but not limited to trademark, and copyright laws (hereinafter referred to as “user content”).
5.1.2. We do not claim any ownership of your user content. You own all ownership rights that you may have in your user content, however, by uploading, posting, transmitting or otherwise submitting your user content through the ‘NXPLAY.R’ Service you grant us a non-exclusive, worldwide, transferable and sub-licensable right to use, copy, modify, publish, distribute and process your user content for the purpose of advertising, marketing and promoting our Platform, displaying and sharing your user content, and for providing our ‘NXPLAY.R’ Services in accordance with this Agreement without any further notice, request for consent, or obligation to compensate you or another person.
5.1.3. Unless expressly specified otherwise, any user content you submit through or to the Platform will be non-confidential in nature.
5.1.4. You understand and accept that we may monetise our Platform by serving advertisements. Although your user content will not be incorporated into any ads our advertising vendors or we may serve on the Platform, we are not under any obligation to compensate you for ads that may appear near to your user content.
5.1.5. Subject to your privacy settings and to the extent permitted by applicable law, we may also use some of your personal data such as your name and your profile image for promoting any of our ‘NXPLAY.R’ Services that you are using. You understand and accept that our use of your personal data as described hereunder is without any obligation to compensate you.
5.1.6. You understand and accept that users can share your public posts on the Platform on to any third-party social websites/services. Please note that such third-party social websites/services are governed by their legal agreements, and we do not have any control over the use of your user content shared on such third-party social websites/services.
5.1.7. Notwithstanding the foregoing, you have the right to terminate the license you grant to the Company at any time, at your sole discretion by deleting your user content from the Platform or by deleting your user account. Please note that if you had previously shared your user content with other users, and such users had made a copy of your user content or otherwise saved your user content, any termination of our license will not delete your user content held by such other users.
5.1.8. You agree to submit only true and current information in your user profile. If you are a parent and you create a user account on behalf of your child, you represent and warrant that all information provided by you about your child in the user profile is true, current and complete. You agree that our Privacy Policy will govern any and all personal data submitted through your user account. Where you are using the Platform on behalf of your business, by creating a Business Page for your organisation, you represent and warrant that all information provided by you about your business is true, current and complete.
5.1.9. You also represent and warrant that you are the owner of your user content or you have the necessary license and authorisation to upload/submit your user content on the Platform and grant the license and release as set out in this Section 5.1. You hereby release the Company and its users from any claim or action, whether now known or unknown including, but not limited to, any defamation, copyright infringement, privacy, publicity or personality rights or other similar claims or actions, arising out of any use of your user content in accordance with the provisions of this Agreement. You further grant the Company a royalty-free license to disclose your name, profile image and email address to identify you as the source of your user content.
5.1.10. The Company reserves the right to monitor, edit, or remove any user content in our sole discretion, but we are not under any legal obligation to do so. Our failure to exercise our rights does not result in a waiver of such rights. We disclaim all liability arising from or related to any deletion, loss, or modification of your user content on the Platform. You are solely responsible for maintaining backup files for all your user content.
5.1.11. If you encounter any user content on the Platform that you believe violates this Agreement, you can report such user content using the built-in reporting functionality. You understand and agree that although we enable you to report any user content, all decisions relating to any reported user content will be taken by us at our sole discretion. We are not under any obligation to take any action for any reported user content. Please note, if you are the source of user content that has been reported to be in violation of this Agreement, we reserve the right to remove or modify your user content, terminate your user account or report you to law enforcement authorities, as we deem appropriate.
5.1.12. Ratings and Reviews
The Platform may enable users to leave ratings and reviews for other Platform users in some circumstances, for example, players who use the Platform may be able to rate and review their experience with a specific agent who is also a user. All reviews on the Platform are the personal opinion of the user and not the opinion of the Company. The ratings and reviews functionality is intended to help users make informed decisions before engaging with other users or acquiring any products or services from another Platform user. Therefore, it is imperative that you only give a truthful and accurate rating and review based on your personal experience. Any attempts to fraudulently boost a user’s reputation or to defame a user by leaving inaccurate ratings and reviews may result in direct legal action against you by the other user. The Company will not assume any responsibility or liability for any loss, claim or damage incurred by you as a result of your reliance upon any rating or reviews available on the Platform. We are unable to offer any guarantees as to the credibility, accuracy, truthfulness or validity of any ratings and reviews on the Platform.
We reserver the right, in our sole discretion, to remove any ratings and reviews if:
a) A review contains language that is obscene, discriminatory or otherwise inappropriate;
b) A review violates any applicable laws;
c) A review discloses any sensitive personal information of another user;
d) We receive instructions by court order to remove a review; and
e) We deem a review to be fraudulent.
Subject to our Privacy Policy and applicable law, the Company may share your reviews with third parties. The Company reserves the right to terminate any user account that receives excessive negative reviews.
We are unable to offer any warranties as to the accuracy, completeness, legality or reliability of any user content on the Platform. In no event shall the Company be held liable for any unauthorised use of your user content by any person.
5.2. Player Leaderboard
We use our proprietary algorithms to rank players on the Platform based on various factors including but not limited to user votes, and comments received by each player. You understand and accept that the order in which players are listed on the leaderboard may not be an accurate representation of such player’s skills, talents or potential. Player rankings on the Platform do not constitute an endorsement of such players by the Company. We reserve the right to change our ranking algorithm or AB test different algorithms at any time without providing any prior notice to you. You hereby release the Company from any loss, cost or damage suffered by you as a result of your reliance on any information contained in the player leaderboard or any loss of opportunity, reputation or income suffered as a direct or indirect result of being included or excluded from the player leaderboard on the Platform.
5.3. User Interactions
5.3.1. Job Opportunities
The platform enables users to post job opportunities and find new talents. Please note that all information provided by a user who posts the job (‘job poster’) or a user who applies for a job (‘applicant’) through the Platform forms part of that user’s user content respectively. We hereby disclaim all liability for the truthfulness, accuracy, legality, and authenticity of any information provided by a user through the Platform. If you apply for any job opportunity through the Platform, you authorise us to share your profile and any other user content with the job poster. As an applicant, you understand and accept that the job poster may share your resume and other information with third parties. If you have any questions with regards to any job posted on the Platform, you should contact the job poster. We cannot offer any assurances that a job poster will respond to your inquiries or if the response you receive will be to your satisfaction. You understand that as part of ‘NXPLAY.R’ Service we may also suggest your user profile to recruiters who are looking for candidates that match your profile. Please note, we do not offer any guarantees that your profile will be suggested to any recruiters on the Platform.
5.3.2. Social Interactions and Sharing
The Platform enables users to interact with each other by using the built-in messaging functionality, creating/joining groups, channels and events (publicly and privately).
Users can grow their network by inviting existing Platform users to connect with them and/or by inviting their connections from outside the Platform through their social network, SMS or by email. Please note that in order to invite people from your phone contacts, you will be required to allow the Company to access your phone contacts and send SMS on your behalf. All such SMS will incur standard message charges from your phone carrier which are for your own account, and the Company will not be held liable for any SMS charges incurred by you.
The Platform also enables users to interact with publicly visible user content on the Platform. Some of your publicly posted user content can be saved and/or shared by users with others on the Platform and in some circumstances with people outside the Platform. Notwithstanding anything to the contrary, we reserve the right to limit how users may connect and interact with each other on the Platform.
5.4. User Identity Verification
5.4.1. The Company does not verify the identity of its users and is unable to confirm they are who they claim to be unless the users expressly request a specific User Account Verification through the Platform. Therefore, the Company cannot and does not assume any responsibility for the accuracy or reliability of any user’s identity or any information provided by such a user through the Platform. When interacting with other users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER COMPANY NOR ITS EMPLOYEES OR AGENTS WILL BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER AND YOU HEREBY RELEASE THE COMPANY FROM ANY LIABILITIES RELATED THERETO.
5.4.2. Children’s Safety
You are hereby advised to exercise your own best judgment and take all reasonable precautions to protect your child and/or yourself in all your interactions with other users that you do not know. You expressly agree that as a parent, you are solely responsible for assessing the suitability of an agent, academy, manager or other similar person or entity, and making an informed decision before engaging with them offline;
5.4.3. We do not act as the agent or representative of any user. We disclaim all liability for any misrepresentation by any user or for any actions or omissions whatsoever of any user, either online or offline.
5.4.4. Any acceptance or approval of a user account on the Platform does not constitute an endorsement of such user by the Company.
5.5. GENERAL DISCLAIMER
THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING MONETARY OR PERSONAL LOSS) ARISING FROM OR CONNECTED WITH THE USE OF THE ‘NXPLAY.R’ SERVICE. WE DO NOT ACT AS AN AGENT, EMPLOYER, PARTNER OR REPRESENTATIVE OF ANY USER. YOUR DECISION TO USE THE PLATFORM WILL BE ENTIRELY AT YOUR OWN RISK.
Unless explicitly stated otherwise, the responsibility of the Company is limited to facilitating the availability of the Platform functionality.
6.1. Account Registration
You are required to sign-up for a user account to make use of the Platform features and functionality. You can either sign up using your email address or through a third-party social network account (“social sign-up”) such as Facebook, LinkedIn or Instagram.
When you sign up for a user account and complete your profile, you agree to provide us with only correct, complete and current information as requested by the Company and to keep your user account information up to date.
Please note that the Company issues all user accounts in its sole discretion. We reserve the right to refuse registration of any user account at our sole discretion, and we are not under any legal or moral obligation to provide a user account to anyone. You may not create multiple user accounts or impersonate another person on the Platform.
6.2. Your Privacy
All personal information is collected and processed by the Company in accordance with our Privacy Policy. Please carefully review our Privacy Policy prior to accessing or using the ‘NXPLAY.R’ Service.
6.3. Account Security
You accept that you are solely responsible and liable for any activity that occurs on your user account. You agree that you shall be solely responsible for maintaining the confidentiality of your username and password.
If you become aware of any suspicious activity on your account or if you have a reason to believe that there has been a security breach, please immediately contact us at [legal@nxplayr.com]. You hereby release the Company from any loss or damage arising from any unauthorised use of your user account.
You can use the Platform with limited functionality for free; however, if you wish to access additional features, functionality or our custom services, you will be required to either upgrade to one of the paid subscription plans or purchase additional custom service.
All our current subscription plans and additional custom services can be accessed from within the Platform. All subscription plans and additional custom service prices are specified and processed in USD (exclusive of applicable taxes which shall be determined based on the country specified in your user profile).
7.1. Paid Subscription Plans
7.1.1. When you upgrade to a paid subscription plan, your payment method will be charged according to your selected plan at the time of the upgrade and each month or year thereafter on an automatically recurring basis until cancellation of your subscription.
7.1.2. If you upgrade to a paid subscription plan during a promotional offer, you will be charged the discounted fee as specified in the promotional offer. Such discounted fees will only be applicable for the duration specified in the promotion, and it will expire at the end of that period. If you wish to continue using the upgraded subscription plan after the expiration of the promotion, you will become liable to pay the full subscription fee as specified on the plans page at such time.
7.1.3. All annual subscription plans are renewed on the anniversary of your annual subscription, and all monthly subscriptions are renewed every consecutive 30 days period.
7.1.4. You can pay for your subscription fees using any major credit or debit card. All subscription payments are processed by Stripe, Inc.
7.1.5. By providing your payment details at the time of your upgrade, you represent that the payment information provided by you is true, correct, current, and complete and that you have the right to use the payment card provided by you to pay for your subscription. You further agree that you may incur applicable taxes and foreign exchange fees according to your location when you pay for your subscription fees or purchase additional services.
7.1.6. You are expressly prohibited from paying or attempting to pay for your subscription through any unlawful means.
7.1.7. The Company reserves the right at its sole discretion to cancel any payment if it appears fraudulent in any way, and take appropriate actions including but not limited to notifying the cardholder as well as relevant authorities.
7.1.8. Unless expressly specified otherwise in this Agreement, all subscription fees are fully earned on the payment day, and we do not offer any pro-rata refunds should you choose to cancel your subscription before the end of your billing cycle.
7.2. Upgrades and Downgrades
7.2.1. You may upgrade your subscription plan at any time during your current billing cycle. When you upgrade your plan, your payment method will be immediately charged according to your selected plan, and you will gain instant access to all the features available under your selected plan.
7.2.2. You may downgrade/cancel your subscription plan any time before the end of your current subscription term, i.e., before your subscription auto-renews for the next term. If you downgrade/cancel your subscription plan, your downgrade will only be effective at the end of your current subscription term (i.e., end of the month, if you are currently subscribed to a monthly plan, and one day before the anniversary of your annual plan if you are subscribed to an annual subscription). You can downgrade your subscription plan by accessing your account settings or by sending us an email at [subscription@nxplayr.com] with the words “Subscription Downgrade” in the subject line.
7.3. Additional Custom Service Payments
In addition to our subscription plans, we also offer some additional custom services to our users. By purchasing such additional custom services, you accept that your account will be billed in accordance with the price specified on the Platform at the time of your purchase. Please note that additional custom services are deemed consumed after you receive the agreed deliverable from the Company, and you cannot cancel your purchase thereafter.
7.4. Non-payments
In the event we are unable to process your payment to renew your paid subscription plan, we will automatically downgrade your subscription to our free plan. You can easily upgrade your subscription to a paid plan at any time by making the full subscription payment. Please note that we will not be held responsible for any claims relating to any loss of data, loss of revenue, lost opportunity or loss of goodwill as a result of downgrading your subscription due to the non-payment of your subscription fee.
7.5. Cancellations
7.5.1. No right of withdrawal
By subscribing to our paid subscription plan or acquiring additional custom services, you agree that you are purchasing digital services and you consent that the Company may immediately provide the services upon your purchase.
7.5.2. Cancellation of subscription
You may cancel your subscription anytime without incurring any penalties. You can cancel your subscription by going to your account settings or by sending us an email at [subscription@nxplayr.com] with the words “Cancellation” in the subject line. You must cancel your plan before the end of the current billing cycle to avoid billing for the next cycle.
7.6. Changes in plans and pricing
We reserve the right to modify any plans, additional services, and accompanying fees at any time by amending our plans and prices as listed on the Platform. You will be billed for each subscription term at our then-current subscription fee, and any changes in our subscription fee will only be effective from your next subscription renewal date. If you do not agree with such a change in subscription fees, your sole remedy is to downgrade your subscription or cease using the Platform.
7.7. Refunds Policy
All payments are deemed to be earned on the day of the upgrade or purchase of additional services, and we do not offer any full or partial refunds to users who no longer wish to use the service. If the Company decides to grant a refund request, such refund will be made to the original payment card used by the user. The processing of refund payment may take time; please wait at least 15 days after the refund has been processed for the payment to appear in your account.
Termination by User
You may suspend or terminate your user account at any time by accessing your account settings. Please note that any outstanding payment obligations at the time of your account suspension or termination will survive such suspension or termination.
Termination by Company
The Company reserves the right to discontinue the provision of ‘NXPLAY.R’ Services or suspend/terminate your access to the Platform at any time without giving any prior notice to you if:
? You have violated the terms of this Agreement;
? You have violated any applicable laws;
? Your conduct is harmful to the Company or any of its users;
? We deem it necessary to protect the Company, its users, or the wider public.
Excluding user content, all content/material/resources made available by the Company, including without limitation, any text, graphics, logos, trademarks, audio, video, interactive features, software and the like in the ‘NXPLAY.R’ Service (hereinafter “Company Content”) is either owned by or licensed to the Company. All Company Content is protected by applicable copyright and other intellectual property laws and international conventions.
You understand that the Company and its licensors reserve all rights, title, and interest in their respective intellectual property. Nothing in this Agreement transfers any rights, title or interest in any Company Content to you except the limited right to access and use the ‘NXPLAY.R’ Service in accordance with the provisions of this Agreement. The Company only grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free license to use the Company Content solely in accordance with the provisions of this Agreement and for your personal and non-commercial use only.
The Company owns all rights in ‘NXPLAY.R’ trademarks, service marks, trade names, brand names, and logos (collectively “NXPLAY.R Marks”). You shall not remove any copyright, trademarks or other similar proprietary notices from any Company Content. Any trademark that appears on the Platform that is not owned by the Company is the intellectual property or such trademark owner.
Any license granted herein shall immediately terminate if you cease to be an account holder on the Platform. You acknowledge and agree that by submitting any feedback, suggestions, or ideas to the Company, you are granting the Company a perpetual right to use, in any manner, either by incorporating it into the ‘NXPLAY.R’ Service or introducing a new service, without any obligation to compensate you.
The Company reserves all rights that are not expressly granted to you herein.
10.1. If you download and use the ‘NXPLAY.R’ mobile application, you understand that the App is intended for use on a mobile device that is owned and controlled by you and that uses the Android or iOS operating system.
10.2. The ‘NXPLAY.R’ App is made available to you by the Company through Google Play Store, as operated by Google Inc., and Apple App Store, as operated by Apple Inc.
10.3. Google Inc. and Apple Inc. are hereinafter referred to as “the App Store Provider”.
10.4. The App Store Provider is not a party to this Agreement.
10.5. The App Store Provider does not own the ‘NXPLAY.R’ App and will not be responsible for the ‘NXPLAY.R’ App.
10.6. The App Store Provider does not offer any warranty for the ‘NXPLAY.R’ App, and the App Store Provider is not responsible for any maintenance of the ‘NXPLAY.R’ App or provision of any support services for the ‘NXPLAY.R’ App.
10.7. The App Store Provider shall not be responsible for any other claims, losses, liabilities, damages or expenses with respect to the ‘NXPLAY.R’ App and any claim, action or dispute relating to the ‘NXPLAY.R’ App must be brought against the Company only.
10.8. The App Store Provider is a third-party beneficiary of this Agreement with the right to enforce this Agreement against you.
The Platform may contain links to third-party sites or functionality to share user content with third-party services that are not owned or operated by us. Please take note that if you click on any third party links, you will be directed to such a third-party’s website. These third-party sites have their own Terms of Service and Privacy Policy, and you are hereby advised to review their Terms of Service and Privacy Policy prior to using their website. We assume no responsibility for any content made available on these third-party sites or their practices. Your access and use these sites solely at your own risk.
All communication between you and the Company is through electronic means, including but not limited to, when you visit our Platform, when you communicate with us via email and when we send notices to you either through email or by posting them on our Platform.
For the purposes of this Agreement you:
? Consent to receive communications from the Company in an electronic form; and
? Agree that all the Terms, notices, disclosures, and other communications that the Company provides you electronically satisfy any legal requirement that such communication should be in writing.
We may, in our sole discretion, include and display advertisements (“ads”) from third-parties on our Platform. We may generate revenue from ads, but you acknowledge, agree, and consent that you will not be entitled to any compensation with respect to any advertising revenue.
Our acceptance and placement of any ads on the Platform do not constitute an endorsement or recommendation of such advertised product or service. We do not warrant, guarantee, or assume responsibility for any products or services advertised on the Platform or any promises made by such third-party advertisers. We do not assume any responsibility or liability for any loss, damage, cost, or expense incurred by you or any other person as a result of any ads on the Platform.
We reserve the right to amend these Terms at our sole discretion. If we make any material amendments to these Terms, we will notify you by email or through your user account on the Platform. We will also change the last updated date on the top of these Terms. Unless expressly specified otherwise, any amendments to these Terms shall be effective from the date the amended Terms are posted on the Platform.
The latest version of the Terms will supersede all previous versions. Please take the time to review these Terms regularly to familiarise yourself with any material changes. If you do not agree with any amendments to this Agreement, your sole remedy is to cease the use of the service. By continuing to use the Platform after the amended Terms are published, you agree to be bound by such updated Terms.
THE ‘NXPLAY.R’ SERVICE AND ALL CONTENT AVAILABLE THEREIN IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS EMPLOYEES, CONTRACTORS, AND AFFILIATES (“OFFICERS”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES IN RESPECT OF THE ‘NXPLAY.R’ SERVICE, ANY USER CONTENT, OR INTERACTION BETWEEN USERS, INCLUDING ANY REPRESENTATION OR WARRANTIES THAT THE ‘NXPLAY.R’ SERVICE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, ERROR-FREE AND SECURE; (C) WILL BE ACCURATE, RELIABLE, COMPLETE OR SAFE; OR (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED. THE COMPANY AND ITS OFFICERS DISCLAIM ALL WARRANTIES, WHETHER IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
THE COMPANY AND ITS OFFICERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS FROM THE USE OF THE ‘NXPLAY.R’ SERVICE OR ANY CONTENT MADE AVAILABLE THROUGH THE ‘NXPLAY.R’ SERVICE INCLUDING BUT NOT LIMITED TO THE CORRECTNESS, ACCURACY, OR RELIABILITY THEREOF.
IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE ‘NXPLAY.R’ SERVICE, ANY CONTENT AVAILABLE THROUGH THE ‘NXPLAY.R’ SERVICE OR ANY USER CONDUCT, WHETHER ONLINE OR OFFLINE.
ALL USER CONTENT ON THE PLATFORM IS THE RESPONSIBILITY OF THE USER FROM WHOM SUCH CONTENT ORIGINATED AND NOT THE RESPONSIBILITY OF THE COMPANY. YOUR USE OF THE ‘NXPLAY.R’ SERVICE IS ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OFFICERS SHALL NOT BE LIABLE FOR ANY LOSS OF PROFIT, LOSS OF DATA, LOSS OF GOODWILL OR OTHER SIMILAR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PLATFORM, RELIANCE UPON ANY USER CONTENT, DELETION OR MODIFICATION OF YOUR USER CONTENT, ANY SUSPENSION OR TERMINATION OF THE ‘NXPLAY.R’ SERVICE, ANY INTERRUPTION, CESSATION OR TRANSMISSION OF THE ‘NXPLAY.R’ SERVICE, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY OTHER PARTY, IN CONNECTION WITH THIS AGREEMENT, SHALL EXCEED (1) THE AMOUNT PAID BY YOU TO THE COMPANY IN THE THREE MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM/ACTION; OR (2) FIFTY U.S. DOLLARS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, employees, affiliates, subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
17.1. Your breach of this Agreement;
17.2. Your interactions with other users;
17.3. Your disputes with other users;
17.4. Your violation of applicable law;
17.5. Your user content.
The Company reserves the right, at its own expense, to assume the exclusive defense of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.
This Agreement shall be governed by and construed in accordance with the laws of Dubai (United Arab Emirates) and where applicable the federal laws of the United Arab Emirates without giving effect to any principles of conflict of laws.
You and the Company hereby agree to submit to the exclusive jurisdiction of the Courts of Dubai to resolve any claims and disputes arising out of this Agreement.
If any provision of this Agreement is held to be unlawful, void, or for any reason found to be unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
This Agreement shall not create a partnership, a joint venture, an employer/employee relationship, or a similar relationship between you and the Company. Neither you nor the Company has the authority or capacity to bind the other in any contract with any third-party.
Neither the Company nor any user shall be liable for the failure to perform any of its obligations under this Agreement if such failure is as a result of any Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, an act of foreign enemies, hostilities (regardless of whether war is declared), epidemic, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
Important notice:
Both English original and French translated versions of this policy are considered to be equally authentic. In the event of any discrepancy or inconsistencies between the two aforementioned versions, the English version shall always prevail in determining the spirit, intent, and meaning of this policy.