Welcome to NEXUS GAMES LIMITED. Please read on to learn the rules and restrictions that govern your use of our websites (including the web pages available at the www.nexusgames.com domain), plugins and all tools and Products (as defined below) available through our website or through any third party platforms (the "Services"), including, without limitation, any request to receive information about, or to purchase any of our products (each, a "Product"). Your purchase of any subscription Products will also be governed by any other terms made available by us to you or agreed upon between NEXUS GAMES LIMITED and yourself during the sales process.
Contact Information
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: info@nexusgames.org
These Terms of Use (the "Terms") are a binding contract between you and NEXUS GAMES LIMITED ("Company," "we" and "us"). By accessing or using our website or the Services, you indicate that you have read and understand the Terms and agree to be bound by them. The Terms will remain in effect for as long as you use the Services or access our website.
Arbitration Notice and Class Action Waiver: Except for certain types of disputes described in the Arbitration section below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Please note these Terms do not govern the use of the Develocity software. Unless otherwise agreed upon by NEXUS GAMES LIMITED and yourself, the Develocity software is subject to a separate Software License Agreement, which is available at https://nexusgames.com/legal/nexus-software-license-agreement/.
Will these Terms ever change?
We are constantly trying to improve our Products and Services, so these Terms may need to change along with our Products and Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at www.nexusgames.com, send you an email, and/or notify you by some other means.
If you do not agree with the Terms, you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
What about my privacy?
NEXUS GAMES LIMITED takes the privacy of its users very seriously. Misuse of NEXUS GAMES LIMITED users' personal information by any user is prohibited. Any person, entity, or service collecting data from NEXUS GAMES LIMITED must comply with the restrictions set forth below under the section titled "Are there restrictions in how I can use the Services?".
Children's Online Privacy Protection Act
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at privacy@nexusgames.org.
What are the basics of using NEXUS Services?
You may provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not provide us with any information or names that you do not have the right to use, or another person's name with the intent to impersonate that person.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).
You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services. If your use of the Services or Products is prohibited by applicable laws, then you aren't authorized to use the Services.
What about messaging?
As part of the Services, you may receive communications through the Services, including messages that NEXUS GAMES LIMITED sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number or email address, you confirm that you want NEXUS GAMES LIMITED to send you information that we think may be of interest to you.
Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission, to the Services, or otherwise use or interact with the Services, in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including NEXUS GAMES LIMITED);
- Violates any law or regulation, including any applicable export control laws or privacy laws;
- Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Attempts to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs any form of auto-responder or "spam" on the Services;
- "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services;
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Products or Services;
- Harasses, abuses, threatens, or incites violence towards any individual or group;
- Uses our servers for excessive automated bulk activity or unsolicited advertising;
- Attempts to disrupt or tamper with NEXUS GAMES LIMITED's servers or breach security measures;
- Impersonates any person or entity;
- Violates the privacy of any third party;
- Violates export laws, regulations, and rules.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws.
Subject to these Terms, we grant each user of the Services a non-exclusive, non-sublicensable and non-transferable license to use the Services and the Content (solely for purposes of using the Services) in accordance with these Terms. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us.
What about anything I contribute to the Services?
User Submissions
Anything you post, upload, share, store, or otherwise provide through the Services is your "User Submission". Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services.
Licenses
By submitting User Submissions through the Services, you hereby grant NEXUS GAMES LIMITED a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our businesses.
What if I see something on the Services that infringes my copyright?
Please refer to NEXUS GAMES LIMITED's Copyright and Trademark Dispute Policy for information on how to proceed if you see something on the Services which infringes your copyright or trademark.
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by NEXUS GAMES LIMITED. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that NEXUS GAMES LIMITED is not responsible for such risks.
Will NEXUS GAMES LIMITED ever change the Services?
We're always trying to improve our Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.
NEXUS GAMES LIMITED reserves the right to alter, suspend, or discontinue the Services at any time and for any reason or no reason without any liability to you.
Do the Services cost anything?
The NEXUS GAMES LIMITED Products available on our website are currently provided free of charge. If you are interested in our Develocity Product, which is a subscription based Product, please visit www.nexusgames.com.
What if I want to stop using the Services?
You're free to do that at any time; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
NEXUS GAMES LIMITED is also free to terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of these Terms.
Warranty Disclaimer
THE SERVICES AND CONTENT ARE PROVIDED BY NEXUS GAMES LIMITED (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL ANY OF THE NEXUS GAMES LIMITED PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, OR COMPUTER FAILURE OR MALFUNCTION.
Indemnity
You agree to indemnify and hold the NEXUS GAMES LIMITED Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Services and any Products, and (b) your violation of these Terms.
Choice of Law
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco, California.
Small Claims Court; Infringement
Notwithstanding the foregoing, either you or NEXUS GAMES LIMITED may assert claims, if they qualify, in small claims court in San Francisco, California or any United States county where you live or work.
Waiver of Jury Trial
YOU AND NEXUS GAMES LIMITED WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.
Are there any terms specific to using the DPE University Training Program?
As part of our Services, you may have access to NEXUS GAMES LIMITED's self-paced training program (the "DPE University Training Program"). You may be required to sign up for an account, select a password and user name ("DPE University User ID"), and provide us with certain information or data.
Through the DPE University Training Program you may obtain access to certain software and related services (the "DPE University Training Software"). We grant you a non-exclusive, non-sublicensable and non-transferable license to use the DPE University Training Software solely for purposes of participating in the DPE University Training Program.
Are there any terms specific to joining the NEXUS GAMES LIMITED Open Source Program?
If you are accepted to join NEXUS GAMES LIMITED's Open Source Program we may provide you with access to the NEXUS GAMES LIMITED Develocity software solely for purposes of improving developer productivity in connection with your open source project(s). Your participation in the NEXUS GAMES LIMITED Open Source Program is subject to the NEXUS GAMES LIMITED Open Source Program Agreement, available at https://nexusgames.com/legal/nexus-open-source-program-agreement/.