TERMS OF SERVICE
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Next Play Promotions, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Fees; Payment. By signing up for a Services account you agree to pay Next Play Promotions the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Next Play Promotions reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Next Play Promotions.
If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Next Play Promotions to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free nextplaypromotions.com services. All support will be provided in accordance with Next Play Promotions standard services practices, procedures and policies.
RESPONSIBILITY OF WEBSITE VISITORS
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Next Play Promotions disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
CONTENT POSTED ON OTHER WEBSITES
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which nextplaypromotions.com links, and that link to nextplaypromotions.com. Next Play Promotions does not have any control over those non- Next Play Promotions websites and webpages, and is not responsible for their contents or their use. By linking to a non- Next Play Promotions website or webpage, Next Play Promotions does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Next Play Promotions disclaims any responsibility for any harm resulting from your use of non- Next Play Promotions websites and webpages.
COPYRIGHT INFRINGEMENT AND DMCA POLICY
As Next Play Promotions asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by nextplaypromotions.com violates your copyright, you are encouraged to notify Next Play Promotions in accordance with Next Play Promotions’ Digital Millennium Copyright Act (“DMCA”) Policy. Next Play Promotions will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Next Play Promotions will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Next Play Promotions or others. In the case of such termination Next Play Promotions will have no obligation to provide a refund of any amounts previously paid to Next Play Promotions.
This Agreement does not transfer from Next Play Promotions to you any Next Play Promotions or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Next Play Promotions. Next Play Promotions, nextplaypromotions.com, the Next Play Promotions logo, and all other trademarks, service marks, graphics and logos used in connection with nextplaypromotions.com, or the Website are trademarks or registered trademarks of Next Play Promotions or Next Play Promotions’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Next Play Promotions or third-party trademarks.
Next Play Promotions reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Next Play Promotions may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Next Play Promotions may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your nextplaypromotions.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Next Play Promotions if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Next Play Promotions’ notice to you thereof; provided that, Next Play Promotions can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
The Website is provided “as is”. Next Play Promotions and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Next Play Promotions nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
LIMITATION OF LIABILITY
In no event will Next Play Promotions, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Next Play Promotions under this agreement during the twelve (12) month period prior to the cause of action. Next Play Promotions shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
GENERAL REPRESENTATION AND WARRANTY
You agree to indemnify and hold harmless Next Play Promotions, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Next Play Promotions and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive Next Play Promotions, or by the posting by Next Play Promotions of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of New York, U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York City, New York, United States. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in the State of New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Next Play Promotions may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.