Last revised: February 2023
Reference is made to NEX Team Inc. (“Nex”, “us”, “our”, and “we”) and our products and
services currently known as “Nex Apps for Sky Live” which includes but not limited to Active
Arcade for Sky Live, Air Racer for Sky Live, Party Fowl for Sky Live and Starri for Sky Live,
and all future Nex apps made available on Sky Live, and other related products and services
(collectively, the “Services”).
These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that
govern your use of the Services. By accessing or using the Services, you are accepting these
Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that
you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the
entity that you represent). If you do not agree with all of the provisions of these Terms, do not
access and/or use the Services.
You must be at least 13 years old to use the Services. By agreeing to these Terms, you represent
and warrant to us that: you are either (a) at least 13 years old and you have been authorized to
use the Services by your parent or legal guardian who is at least 18 years old, or (b) at least 18
years old.
These terms require the use of arbitration (Section 9.2) on an individual basis to resolve disputes,
rather than jury trials or class actions, and also limit the remedies available to you in the event of
a dispute.
1. Access to the Services
1.1 License. Subject to these Terms, Nex grants you a non-transferable, non-exclusive,
revocable, limited license to use and access the Services solely for your own personal,
noncommercial use.
1.2 Certain Restrictions. The rights granted to you in these Terms are subject to the
following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host,
or otherwise commercially exploit the Services, whether in whole or in part, or any content
displayed on the Services; (b) you shall not modify, make derivative works of, disassemble,
reverse compile or reverse engineer any part of the Services; (c) you shall not interfere with or
circumvent any feature of the Services; (d) you shall not access the Services in order to build a
similar or competitive product, or service; and (e) except as expressly stated herein, no part of
the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means. Unless otherwise indicated, any future release,
update, or other addition to functionality of the Services shall be subject to these Terms. All
copyright and other proprietary notices on the Services (or on any content displayed on the
Services) must be retained on all copies thereof.
1.3 Modification. Nex reserves the right, at any time, to modify, suspend, or discontinue the
Services (in whole or in part) with or without notice to you. You agree that Nex will not be
liable to you or to any third-party for any modification, suspension, or discontinuation of the
Services or any part thereof.
1.4 Ownership. Excluding any User Content that you may provide (defined below), you
acknowledge that all the intellectual property rights, including copyrights, patents, trademarks,
and trade secrets, in the Services and its content are owned by Nex or Nex’s licensors or other
suppliers. Neither these Terms nor your access to the Services transfer to you or any third-party
any rights, title or interest in or to such intellectual property rights, except for the limited access
rights expressly set forth in Section 1.1. Nex and its licensors or other suppliers reserve all rights
not granted in these Terms. There are no implied licenses granted under these Terms. You shall
not acquire any ownership rights whatsoever by downloading any Service Materials.
1.5 Accounts. The Services may include functions whereby you can register for an account.
As part of the registration process, you may be asked to provide information about yourself. You
agree to provide and maintain (updating as necessary) true, accurate, complete and current
information as requested by the Services. You are responsible for maintaining the confidentiality
of your account. You are fully responsible for all activities that occur under your account with or
without your knowledge. You agree to notify us immediately of any unauthorized use of your
account or any other breach of security related to your account.
1.6 Platforms. The Services may be available on multiple platforms (e.g., iOS, Android, and
potentially others). Your account, content and other data and information relating to the Services
on one platform may or may not be accessible from another platform, and/ or transferable from
one platform to another.
2. User Content and Service Materials
2.1 User Content. “User Content” means any and all information and content that a user
submits to, or uses with, the Services (e.g., content in the user’s profile, postings or user forum).
You are solely responsible for your User Content. You assume all risks associated with any
submission and use of your User Content, including any reliance on its accuracy, completeness
or usefulness by others, or any disclosure of your User Content that personally identifies you or
any third-party. You hereby represent and warrant that your User Content does not violate our
Acceptable Use Policy (defined in Section 2.3). You may not represent or imply to others that
your User Content is in any way provided, sponsored or endorsed by Nex. Because you alone
are responsible for your User Content, you may expose yourself to liability if, for example, your
User Content violates the Acceptable Use Policy. Nex is not obligated to backup any User
Content, and your User Content may be deleted at any time without prior notice. You are solely
responsible for creating and maintaining your own backup copies of your User Content if you
desire.
2.2 License. You hereby grant (and you represent and warrant that you have the right to
grant) to Nex an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide
license to reproduce, distribute, publicly display and perform, prepare derivative works of,incorporate into other works, and otherwise use and exploit your User Content, and to grant
sublicenses of the foregoing rights, solely for the purposes of and in connection with providing
the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and
assertions of moral rights or attribution with respect to your User Content.
2.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Services to collect, upload, transmit, display, or distribute any
User Content: (i) that violates any third-party right, including any copyright, trademark, patent,
trade secret, moral right, privacy right, right of publicity, or any other intellectual property or
proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive
of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous,
pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of
any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to
minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions
imposed by any third-party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services
any computer viruses, worms, or any software intended to damage or alter a computer system or
data; (ii) send through the Services unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or
unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect,
gather or assemble information or data regarding other users, including e-mail addresses, without
their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks
connected to the Services, or violate the regulations, policies or procedures of such networks; (v)
attempt to gain unauthorized access to the Services (or to other computer systems or networks
connected to or used together with the Services), whether through password mining or any other
means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vii)
use software or automated agents or scripts to produce multiple accounts on the Services, or to
generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the
Services (provided, however, that we conditionally grant to the operators of public search
engines revocable permission to use spiders to copy materials from the Services for the sole
purpose of and solely to the extent necessary for creating publicly available searchable indices of
the materials, but not caches or archives of such materials, subject to the parameters set forth in
our robots.txt file).
2.4 Enforcement. We reserve the right (but have no obligation) to review any User Content,
and to investigate and/or take appropriate action against you in our sole discretion if you violate
the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for
us or any other person. Such action may include removing or modifying your User Content,
terminating your account in accordance with Section 7, and/or reporting you to law enforcement
authorities.
2.5 Feedback. If you provide Nex with any feedback or suggestions regarding the Services
(“Feedback”), you hereby assign to Nex all rights in such Feedback and agree that Nex shall
have the right to use and fully exploit such Feedback and related information in any manner itdeems appropriate. Nex will treat any Feedback you provide to Nex as non-confidential and
non-proprietary. You agree that you will not submit to Nex any information or ideas that you
consider to be confidential or proprietary.
2.6 Service Materials. “Service Materials” means all information and materials that are part
of the Services, including the following: any and all copyrightable materials; audio; video;
photographs; graphics; artwork, characters, animations, layout; text; images; the “look and feel”
of the Services or portions thereof; the compilation, assembly and arrangement of the materials
of the Services or portions thereof; designs; advertising copy; data; logos; domain names;
trademarks, service marks, trade names and other source identifiers. You agree that the Service
Materials are protected by, and their use, copying and dissemination may be restricted by,
applicable intellectual property and other laws in both the United States and other jurisdictions.
You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way
exploit, any portion of the Service Materials.
3. Indemnification
You agree to indemnify and hold Nex (and its officers, employees, and agents) harmless,
including costs and attorneys’ fees, from any claim or demand made by any third-party due to or
arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of
applicable laws or regulations or (d) your User Content. Nex reserves the right, at your expense,
to assume the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate with our defense of these claims. You agree not to
settle any matter without the prior written consent of Nex. We will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of it.
4. Third-Party Links & Ads; Other Users
4.1 Third-Party Links & Ads. The Services may contain links to third-party websites and
services, and/or display advertisements for third parties (collectively, “Third-Party Links &
Ads”). Such Third-Party Links & Ads are not under the control of Nex, and Nex is not
responsible for any Third-Party Links & Ads. Nex provides access to these Third-Party Links &
Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or
make any representations with respect to Third-Party Links & Ads. You use all Third-Party
Links & Ads at your own risk, and should apply a suitable level of caution and discretion in
doing so. When you click on any of the Third-Party Links & Ads, the applicable third-party’s
terms and policies apply, including the third-party’s privacy and data gathering practices. You
should make whatever investigation you feel necessary or appropriate before proceeding with
any transaction in connection with such Third-Party Links & Ads.
4.2 Other Users. Each user of the Services is solely responsible for any and all of its own
User Content. Because we do not control User Content, you acknowledge and agree that we are
not responsible for any User Content, whether provided by you or by others. We make no
guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your
interactions with other users of the Services are solely between you and such users. You agree
that Nex will not be responsible for any loss or damage incurred as the result of any suchinteractions. If there is a dispute between you and any user of the Services, we are under no
obligation to become involved.
4.3 Release. To the fullest extent permitted by applicable law, you release Nex (and our
officers, employees, agents, successors, and assigns) from responsibility, liability, claims,
demands, and/or damages (actual and consequential) of every kind and nature, known and
unknown (including claims of negligence), arising out of or related to disputes with other users
of the Services and the acts or omissions of third parties. If you are a California resident, you
hereby waive California Civil Code Section 1542 in connection with the foregoing, which states:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR
HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.” If you live outside of California, you waive any other
statute, law, or rule of similar effect in your jurisdiction.
5. Disclaimers
THE SERVICES IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND
NEX (AND OUR LICENSORS OR OTHER SUPPLIERS) EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR LICENSORS OR
OTHER SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR
OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. ACCESS TO, AND USE OF,
THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the
above disclaimers may not apply to you. To the extent that we may not, as a matter of applicable
law, disclaim any warranty as set forth herein, the scope and duration of such warranty shall be
the minimum permitted under applicable law.
6. Limitation on Liability
IN NO EVENT SHALL NEX (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY
THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF
SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO
THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO,
AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR
COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.UNDER NO CIRCUMSTANCES WILL NEX BE LIABLE TO YOU (FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) FOR MORE
THAN THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES IN THE NINETY
(90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT
ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT
PAID US ANY SUCH AMOUNTS IN THE NINETY (90) DAYS IMMEDIATELY
PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR
SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING
THE SERVICE AND TO CANCEL YOUR ACCOUNT. YOU FURTHER ACKNOWLEDGE
AND AGREE THAT OUR LICENSORS OR OTHER SUPPLIERS WILL HAVE NO
LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE SERVICES OR
THESE TERMS.
Some jurisdictions do not allow the limitation or exclusion of liability for certain types of
damages. Accordingly, some of the above limitation or exclusion may not apply to you. To the
extent that we may not, as a matter of applicable law, limit our liability as set forth herein, our
liability shall be the minimum permitted under such applicable law.
7. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the
Services. We may suspend or terminate your rights to use the Services at any time for any
reason at our sole discretion, including for any use of the Services in violation of these Terms.
Upon termination of your rights under these Terms, your right to access and use the Services will
terminate immediately. You understand that any termination may involve deletion of your User
Content from our live databases. Nex will not have any liability whatsoever to you for any
termination of your rights under these Terms, including for deletion of your User Content. Even
after your rights under these Terms are terminated, the following provisions of these Terms will
remain in effect: Sections 1.2 through 1.6, and Sections 2 through 9.
8. Copyright Policy
Nex respects the intellectual property of others and asks that users of our Services do the same.
In connection with our Services, we have adopted and implemented a policy respecting copyright
law that provides for the removal of any infringing materials and for the termination, in
appropriate circumstances, of users of our online Services who are repeat infringers of
intellectual property rights, including copyrights. If you believe that one of our users is, through
the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the
allegedly infringing material removed, the following information in the form of a written
notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright
Agent:
9. General
9.1 Changes. These Terms are subject to occasional revision and its latest version (with the
revision date stated) will be made available through the Services. Any substantial changes to
these Terms will not become effective within thirty (30) calendar days following our posting of
notice of the changes on our Services. These changes will be effective immediately for new
users of our Services. Continued use of our Services following notice of such changes shall
indicate your acknowledgement of such changes and agreement to be bound by the terms and
conditions of such changes.
9.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your
contract with Nex and affects your rights. It contains procedures for MANDATORY BINDING
ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for
injunctive or other equitable relief as set forth below) in connection with the Terms or the use of
any product or service provided by Nex that cannot be resolved informally or in small claims
court shall be resolved by binding arbitration on an individual basis under the terms of this
Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in
English. This Arbitration Agreement applies to you and Nex, and to any subsidiaries, affiliates,
agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or
unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek
arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”)
describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Nex
should be sent to: NEX Team Inc., 333 W San Carlos St., Suite 600, San Jose, CA 95110. After
the Notice is received, you and Nex may attempt to resolve the claim or dispute informally. If
you and Nex do not resolve the claim or dispute within thirty (30) days after the Notice is
received, either party may begin an arbitration proceeding. The amount of any settlement offer
made by any party may not be disclosed to the arbitrator until after the arbitrator has determined
the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration
Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”)
that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern
all aspects of the arbitration, including but not limited to the method of initiating and/or
demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA
Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online
at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by
a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought isless than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-
appearance-based arbitration, at the option of the party seeking relief. For claims or disputeswhere the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or
more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be
held in a location within 100 miles of your residence, unless you reside outside of the United
States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator
shall give the parties reasonable notice of the date, time and place of any oral hearings. Any
judgment on the award rendered by the arbitrator may be entered in any court of competent
jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that
Nex made to you prior to the initiation of arbitration, Nex will pay you the greater of the award
or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements
arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR
Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based
arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely
on written submissions; the specific manner shall be chosen by the party initiating the arbitration.
The arbitration shall not involve any personal appearance by the parties or witnesses unless
otherwise agreed by the parties.
(e) Time Limits. If you or Nex pursue arbitration, the arbitration action must be initiated
and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and
within any deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and
liabilities, if any, of you and Nex, and the dispute will not be consolidated with any other matters
or joined with any other cases or parties. The arbitrator shall have the authority to grant motions
dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary
damages, and to grant any non-monetary remedy or relief available to an individual under
applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and
statement of decision describing the essential findings and conclusions on which the award is
based, including the calculation of any damages awarded. The arbitrator has the same authority
to award relief on an individual basis that a judge in a court of law would have. The award of the
arbitrator is final and binding upon you and Nex.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL
AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A
JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration
under this Arbitration Agreement. Arbitration procedures are typically more limited, more
efficient and less costly than rules applicable in a court and are subject to very limited review bya court. In the event any litigation should arise between you and Nex in any state or federal court
in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE
ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN
THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR
LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS
OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR
LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER
OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the
award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree
to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a
party from submitting to a court of law any information necessary to enforce this agreement, to
enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this agreement are found under the law to be invalid
or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of
no force and effect and shall be severed and the remainder of the agreement shall continue in full
force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration
Agreement may be waived by the party against whom the claim is asserted. Such waiver shall
not waive or affect any other portion of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your
relationship with Nex.
(m) Small Claims Court. Notwithstanding the foregoing, either you or Nex may bring an
individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek
emergency equitable relief before a state or federal court in order to maintain the status quo
pending arbitration. A request for interim measures shall not be deemed a waiver of any other
rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation,
violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the
other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration
Agreement.
(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the
parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the
courts located within Santa Clara County, California, for such purpose.
9.3. Export. The Services may be subject to U.S. export control laws and may be subject to
export or import regulations in other countries. You agree not to export, reexport, or transfer,
directly or indirectly, any U.S. technical data acquired from Nex, or any products utilizing such
data, in violation of the United States export laws or regulations.
9.4. Governing Law. These Terms and any action related thereto or to the Service will be
governed by the laws of the State of California without regard to its conflict of laws provisions.
9.5. Electronic Communications. The communications between you and Nex use electronic
means, whether you use the Services or send us emails, or whether Nex posts notices on the
Services or communicates with you via email. For contractual purposes, you (a) consent to
receive communications from Nex in an electronic form; and (b) agree that all terms and
conditions, agreements, notices, disclosures, and other communications that Nex provides to you
electronically satisfy any legal requirement that such communications would satisfy if it were in
a hardcopy writing. The foregoing does not affect your non-waivable rights.
9.6. Additional Guidelines; Entire Terms. Certain features of the Services may be subject to
additional guidelines, terms, or rules, which will be posted on the Services in connection with
such features (for example, our Privacy Policy). All such additional terms, guidelines, and rules
are incorporated by reference into these Terms. These Terms, including any other materials
incorporated by reference, constitute the entire agreement between you and us regarding the use
of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not
operate as a waiver of such right or provision. The section titles in these Terms are for
convenience only and have no legal or contractual effect. The word “including” means
“including without limitation”. If any provision of these Terms is, for any reason, held to be
invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid
or unenforceable provision will be deemed modified so that it is valid and enforceable to the
maximum extent permitted by law. Your relationship to Nex is that of an independent
contractor, and neither party is an agent or partner of the other. These Terms, and your rights
and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred
by you without Nex’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void. Nex may freely assign
these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
9.7. Trademark Information. Copyright © 2023 NEX Team Inc. All rights
reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our
property or the property of other third parties. You are not permitted to use these Marks without
our prior written consent or the consent of such third-party which may own the Marks.