Terms and Conditions

General

Welcome to www.nxg.gg website. We are an esports platform offering esports events with varying size and distribution schemes of prize pools & a unique profiling system in which gamers can track their esports stats & achievements.

These Terms and Conditions (“T&C”) apply to applications, web sites, and interactive services (hereafter individually a “Service” and collectively the “Services”) owned or operated by NEBULA X GAMING Ltd, a company registered in England and Wales (Company Number 12938122), whose registered office is at Athene House, Suite J, 86 The Broadway, Mill Hill, London, England, NW7 3TD (hereafter “NXG”) and its subsidiaries and affiliates. By registering for an account and/or becoming a member to participate in any event offered on our Overwolf Application ‘NXG’ and/or www.nxg.gg and/or any of its subdomains (hereafter the “Site”) you confirm your acknowledgment of, and agreement to be bound by, the then most current version of these T&C, which can be accessed from the Site. NXG may modify these T&C at any time, without advance notice. You are responsible for reviewing these T&C periodically for any modifications. Your continued use of the Site following such modifications signifies your acceptance of those modifications. Additional terms may apply to your use of any Service, including contest rules and eligibility which will be provided to you or posted on the website pages to which they apply; they are incorporated by reference into these T&C. If there is a conflict between these T&C and any additional terms that apply to a particular Service, the additional terms will prevail.

As set out in more detail below, NXG RESERVES THE RIGHT TO IMMEDIATELY SUSPEND AND/OR CLOSE THE ACCOUNT OF ANY MEMBER WHO VIOLATES, OR WHOM NXG REASONABLY BELIEVES MAY BE OR WILL BE VIOLATING, THESE T&C, AT ANY TIME WITHOUT NOTICE. Please note that if a member’s account is closed due to a violation of the T&C, NXG reserves the right to determine how the member’s account balance and tickets will be distributed.

No person other than the parties to these T&C is intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.

NXG has the right to overrule any rule to guarantee the best experience to customers.

We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Platform without notice. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period. We may update the Platform and/or change the content on it at any time.  The Site is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform or any incorrect or inaccurate results that may be posted on your online game.

You are responsible for making all arrangements necessary for you to have access to the Platform and be able to participate in NXG events without interruption.

This Website is owned by NXG.

These T&C were last updated, and became effective, on 06/12/2022.

 

Governing Laws and Disputes

These T&C shall be governed by and construed in accordance with English law. Disputes arising in connection with these T&C shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these T&C in your country of residence, registration or business or any other relevant country. By registering for an account and/or participating in any event, challenge or tournament offered on the Site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the English courts, or as otherwise determined by us, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By utilizing the Services and participating in Site activities, you certify that you meet the age and other eligibility requirements for that activity within the Site and the Services as set forth in the T&C. If you do not meet the age and other eligibility requirements, please discontinue using the Site and the Services immediately.

If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of NXG.

 

Privacy Policy

By using the Services, you represent that you have read and consent to our Privacy Policy which you can find here and which is incorporated into these T&C by this reference. NXG may revise the Privacy Policy at any time, and the new versions will be available at the above link. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Services. Please carefully review our Privacy Policy. You acknowledge and agree that any disputes related to our Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability contained in the Privacy Policy and these T&C.

 

Severability

If any portion of the T&C is deemed void or unenforceable, then that provision shall be deemed severable from the T&C and shall not affect the validity and enforceability of the remaining provisions.

 

Registration Eligibility

 

Registration of an account is void where prohibited. This Site is intended solely for users who are 13 years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using any of the Services or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of these T&C and where you are between the ages of 13 and 18 you will comply with the game related age restrictions and/or guidelines in the country in which you reside.

Players who are minors (under 18 years old), must obtain consent from their legal guardians to enter and use our services. If minor Players have registered in our tournament or used any of our services, it shall be deemed that they have obtained the required prior consent from their parents or legal guardians.

Proof of Eligibility

NXG may at any time require any member to provide proof of eligibility to participate in order to continue to allow such member access to the Site, and each member hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure the security of the Site. In addition, each member will be required to provide proper identification and proof of eligibility prior to receiving a prize or the processing by NXG of any prize request. Participants may, at their option, pre-register their identification at any time prior to submitting a prize request. FAILURE TO PROVIDE EVIDENCE OF IDENTIFICATION AND/OR ELIGIBILITY SATISFACTORY TO NXG, IN ITS SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE SUSPENSION AND/OR TERMINATION OF THE MEMBER’S ACCOUNT.

 

Accuracy of Information

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to NXG, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree to notify NXG immediately if you believe that your Account username and/or password have been compromised. Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your account.

 

Local Laws

You are subject to all laws of the province, state, and/or country in which you reside and from which you access the Services, and are solely responsible for obeying those laws. You agree NXG is not and cannot be held liable if laws applicable to you restrict or prohibit your participation. We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

NXG reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.

 

Third-Party Payment Providers

NXG uses the services of third-party electronic payment processors and financial institutions (henceforth “Payment Providers”) to process deposits from the user’s accounts. The information that NXG provides and receives from the Payment Providers and the manner in which such information is used and disclosed are in accordance with these T&C, and where applicable, any third-party Payment Provider's terms and conditions.

You irrevocably authorize NXG to instruct such Payment Providers to handle your user account deposits, as reasonably required to provide the Services. You agree to be bound by the terms and conditions of use of each applicable Payment Provider, and in the event of a conflict between these T&C and the Payment Provider's terms and conditions, then these T&C shall prevail. You agree that NXG is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third-party in connection with the use of the Services or NXG.

Fees and Payments:

By using the Services, you represent that you have read and consent to our “Financial Terms and Conditions”  which you can find here and which is incorporated into these T&C by this reference. NXG may revise the “Financial Terms and Conditions” at any time, and the new versions will be available at the above link. If at any point you do not agree to any portion of the “Financial Terms and Conditions”, you must immediately stop using the Services. Please carefully review our “Financial Terms and Conditions”. You acknowledge and agree that any disputes related to our “Financial Terms and Conditions”, including any breaches in security or privacy, will be subject to the limitations on liability contained in the “Financial Terms and Conditions” and these T&C.

Some aspects of the Services require you to pay a fee. You may also purchase certain subscriptions to the Services and/or digital or physical products through the Services later down the line. You agree to pay all fees, payments and applicable taxes incurred by your account that you use to access the Services. You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (i) discontinue or limit the available quantity of any product or aspect of the Services, (ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and (iii) refuse to allow any user to purchase a product or deliver any product to a user. When you purchase products through the Services, you (a) agree to pay the price for such products set forth in the Services and all applicable taxes in connection with your purchase and (b) authorize NXG to charge your credit card or other payment method for the full purchase amount. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable and as posted in our “Financial Terms and Conditions”.

Orders

Once NXG receives your order, NXG may provide you with an email order confirmation. Any receipt of an order confirmation, however, does not signify NXG’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. NXG reserves the right at any time after receiving your order to accept or decline your order for any reason. If NXG cancels an order after you have already been billed, then NXG will refund the billed amount

Code of Conduct

All participants have to behave with respect towards the NXG Live Support team, other players, users, community members, viewers, sponsors. This applies to behavior in-game, Discord text and voice channels, Intercom chat, and all social medias.
Participants must NOT engage in harassment or hate speech in any form. This includes, but is not limited to:

• Hate speech, offensive behavior, or verbal abuse related to sex, gender identity or expression, sexual orientation, race, ethnicity, disability, physical appearance, body size, age, or religion.
• Stalking or intimidation (physical or virtual)
• Spamming, raiding or inciting disruption of personal social media pages or streams.
• Threatening to post other people’s personally identifying information.
• Unwelcome sexual attention (jokes included)
• Advocating for, or encouraging, any of the above behavior.

(Insults happening on external messaging platforms are not taken into consideration)

Violation of this Code of Conduct will result in penalty points. In the case of repeat or extreme violations, penalties may include disqualification, or potential ban from NXG events/platform.

Publicity

NXG operates official pages on social media platforms (including, without limitation, Facebook and Twitter) in relation to the Services (collectively, the “Social Media Pages”). The user accepts that the Social Media Pages may feature certain of its information (“Publicity Content”). User further acknowledges and agrees that NXG has no responsibility for posts made by third parties on Social Media Pages. User hereby grants NXG an exclusive, worldwide, irrevocable, sub-licensable, transferrable license to edit, distribute and exploit the Publicity Content in all media, including, without limitation, print, television and internet, which media may be used in more than one country. User hereby waives all rights in any Publicity Content featuring the user and gives to NXG all consents that NXG needs to exploit these items in any media without limitation so far as possible in perpetuity.

External Programs

All external voice programs are allowed (TeamSpeak, Discord, Ventrilo etc.). All programs that provide an advantage during game play (drivers that allow seeing through walls) are forbidden. NXG has the right to decide whether any program affected the game’s integrity or not, in order to guarantee fair play.

Game Coverage
NXG reserves exclusive right to the coverage of any NXG event. This includes all forms of transmission, including IRC Bots, Shoutcast-streams, HLTV and NXG-TV Broadcasts. NXG can assign the coverage rights of a match or of several matches to a third party or to the actual players themselves. In this case, terms and conditions would have to be arranged with NXG management before the match.

In general, NXG will contact any player or team if they wish to broadcast one of their matches. If no contact is made, individual players are allowed to arrange their own broadcasts.

Internal Texts

All texts written in either protest or support tickets, or written by the NXG team to members of an event, cannot be published without the permission of NXG.

 

Language

The official language of NXG events is English. All players should be able to communicate with NXG Live agents in English. If you speak Arabic, you might need to be redirected to the adequate customer support member.

 

Fraud / Cheating

Deception

The attempt to deceive NXG or other players with wrong or fake statements, information or data will not be tolerated and may result in disqualification or ban.

Other Offences

Including but not limited to the abuse of bugs and cheating software and hardware in the NXG web-platform or in-game.

Cheating

All forms of cheating in NXG events are forbidden and will be severely penalized. Players found cheating outside of NXG may be barraged on NXG depending on the evidence available. Note, NXG does not accept publicly submitted video or screenshot evidence in these cases. Should it become known to NXG that any form of cheating was used to the advantage of a player or a team during a NXG event, NXG has the right to punish them to the full extent of rules available. By breaking any rules, a player risks being disqualified of even banned from future NXG events (including their team).

The use of cheating programs (“hacks”), automatic, macro, bots, automated programs, screen analysis utilities, any type of mods, memory readers, telepathy, alien technology or similar methods or to otherwise commit fraud in relation to the Site, unauthorized or altered software or hardware to assist play or other methods to receive any sort of advantage is forbidden. Any use of such programs will be considered as cheating and result in punishment.

Altering the human skill component of any game played on the platform is forbidden. Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of your user account and forfeiture of all benefits, bonuses and incentives to which you would otherwise be entitled, but potentially also civil and/or criminal prosecution.

Distribution of Cheats

Contributing to the distribution of cheats in any way is not allowed in NXG. This includes but is not limited to referring to the name, website or logo of cheating software to other players. Violating this rule can result in punishment ranging from warnings up to permanent ban on NXG.

Cheating Sanctions

• Disqualification from event + results voided
• Forfeiture of prizes earned
• Ban account from entering NXG events, ranging from 1 day to permanent (depending on severity of the offense)
• Ban account completely, ranging from 1 day to permanent (depending on severity of the offense) 

Competition Manipulation and Bribery

Bribing or attempting to bribe any player or NXG members in order to manipulate the competition will result in event disqualification, results will be voided, and a potential 1 to 2 years ban from the NXG platform.

 

Acknowledgement of Proprietary Rights

By registering for an account and/or participating in any event offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Site. All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of NXG, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without NXG’s prior written permission, except that the foregoing does not apply to your own user content that you legally post on the Site. The Site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While the Site uses reasonable efforts to include accurate and up-to-date information, the Site makes no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site. Provided that you are eligible for use of the Site, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these T&C and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of NXG, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these T&C shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, Site promotion, marketing and posting. Furthermore, the Site is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation whatsoever to you. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including the names of all games, are registered and unregistered Trademarks of the Site and/or others. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in the T&C, is strictly prohibited. You are also advised that the Site will aggressively enforce its rights (including intellectual property rights) to the fullest extent of the law, including but not limited to, the active pursuit of criminal prosecution and/or civil litigation where appropriate.

User Content

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You acknowledge and agree that NXG may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of NXG violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide NXG. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to NXG an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that NXG may retain archived copies of your User Content. NXG does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

 

Account

Player

An NXG account can only be created if the user is (1) at least 13 years old and (2) has not previously been removed by NXG or banned from using the Services. When registering, each player must provide an up-to-date and correct email address and it is the player’s responsibility to keep this email up-to-date.

Multi-account Creation

Each player in NXG must only have one account. If for any reason a player decides to create a new account, then he must write a support ticket or contact a live support agent explaining in detail the reason behind the account switching.

The user can only have one active account on the NXG platform. If he decides to change accounts, he will have to deactivate his old account.

Nicknames, Usernames, Team Names and URL Aliases

When a user creates an account, he/she will have to create a username. The username may be visible to other users. When the user chooses a username, account name, or display name or otherwise creates a label or image that can be seen by other users of the Services, the user must abide by the following guidelines as well as the rules of common decency.

NXG reserves the right to edit or remove, nicknames, usernames, team names, account name, or display name and URL aliases (each a “User Identifier”) and/or suspend or terminate a user account, if they fail to comply with the following requirements:

• Violates a third-party’s rights and the user has no written permission.
• Identical to a brand or trademark, no matter whether it has been registered or not.
• Resemble or is identical to a real person other than themselves.
• Belonging to another individual or entity with the intent to impersonate that individual or entity, whether actual or fictitious.
• Resemble of is identical to NXG stakeholders, employees, agents or community users.
• Is offensive or inappropriate .
• That incorporates vulgar language or imagery or which is otherwise offensive, defamatory, libelous, obscene, hateful, or racially, ethnically or otherwise objectionable.
• That is subject to the rights of any other person or entity without written authorization from that person or entity.
• That belongs to a popular culture figure, celebrity or media personality.
• Related to drugs, sex, alcohol, or criminal activity.

 

Photo

Photos can be any image of the player, his logo, another digital design or any digital design provided by NXG. Any user that uses an offensive or inappropriate photo might result in a temporary or even permanent ban from the platform.

Country

A player’s country must be set to their country of residence or birth. Deliberately faking the country of residence or birth may result in punishment.

Account Sharing

Each NXG account is strictly personal and cannot be shared with other players. Failure to comply with this rule will result in punishment. Lending or transferring accounts will be considered as account sharing.

Sponsorship

NXG reserves the right to prohibit or remove teams or players with sponsors or partners that are solely or widely known for pornographic, drug use or other adult/mature themes and products from partaking in NXG events at any time.

User Rules

The user rules below are in furtherance, and not in limitation, of the other terms and conditions in these T&C. In connection with your use of the Services, you agree that you will not, nor permit anyone else to, directly or indirectly

• Violate any applicable law, regulation, or contract or use the Services or Site Content for any unlawful purpose;
• Use the Services to conduct gambling;
• Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including, without limitation, rights of privacy or publicity);
• Access the Services to participate in an event that violates any law where you reside or that you are subject to;
• Create, distribute or use any third party software, including, without limitation, “mods,” cheats, addons or hacks, designed to change or manipulate events;
•  Misrepresent yourself in any way;
• Make any false, misleading, or inaccurate statements;
• Use language that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, unlawful, or invasive of another’s privacy;
• Commit any actions considered to be unethical;
• Impersonate any person or entity, including any employee or representative of NXG;
• License, create derivative works from, any information, content obtained from the Services;
• Restrict or inhibit any other visitor or member from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
• Access or attempt to access parts of the Services for which you are not authorized by NXG, circumvent or attempt to circumvent any security or password protection on or in the Services, access the Services by any means other than through the interface that is provided and authorized by NXG;
• Modify any software for the Services in any manner or form, nor use modified versions of such software, including, without limitation, for the purpose of obtaining unauthorized access to the Services;
• Use the Services to harm minors in any way;
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
• Remove any copyright, trademark or other proprietary rights notices contained on or in the Services;
• “Frame” or “mirror” any part of the Services;
• Stalk or otherwise harass another user or player; or
• Harvest or collect information about Services visitors, users or account holders without their express consent.

NXG reserves the right to permanently suspend or terminate the account and the user’s access to the Services, and/or disqualify the user from receiving any prize(s) offered by the esport event, if it suspects that the user have violated any of the above “User Rules”.

 

Entire Agreement

These T&C constitute the entire agreement between you and NXG with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the T&C or Privacy Policy will be effective only if in writing and signed by NXG.

 

Disclaimer of Warranties

While NXG uses reasonable efforts to include accurate and up-to-date information, NXG specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in the Site, either currently operating or created in the future. NXG disclaims any responsibility or liability for the deletion, failure to store, failed flawed or incomplete delivery, or untimely delivery of any information or material. NXG disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Site.

NXG does not make any warranties or representations regarding any data, service and/or information provided or made available by any User on the Site or on any external web sites linked to it. In particular, NXG does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfills or serves any particular purpose. Moreover, the Services may contain links to other websites not operated or controlled by NXG. If you use these links, you will leave the Services. The T&C described here do not apply to those sites, nor does NXG endorse or review those sites. NXG provides these links to other websites as a convenience. Such links do not imply NXG’s endorsement of information or material on any other site, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. NXG disclaims all liability with regard to your access to and use of such linked websites and you hereby completely and irrevocably release and forever discharge NXG and the Services from and waive any claim you might have against NXG or the Services with respect to such sites

Without limiting the foregoing, under no circumstances shall NXG be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, epidemics, pandemics, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.

THE SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SITE, ARE PROVIDED “AS IS”,  WITH NO WARRANTIES EXPRESSED OR IMPLIED. NXG EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BYLAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NXG DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE. NXG DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. NXG DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE SITE.

USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

NXG AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd -PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.

 

Limitation of Liability

YOU AGREE THAT NXG WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NXG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE IN CONNECTION WITH THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE T&C, NXG IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISE OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF NXG SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY GAME OR SIMILAR FEES WITH RESPECT TO ANY PAYMENT OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST NXG, OR (II) US$40.00.

 

Equitable Remedies

You hereby agree that NXG would be irreparably damaged if the terms of these T&C were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these T&C, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Indemnification

BY REGISTERING AND/OR PARTICIPATING IN ANY SERVICES OFFERED ON THE SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NXG, ITS SUBSIDIARIES, AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, VENDORS, PARTNERS, CONTRACTORS, AGENTS, LICENSORS OR OTHER REPRESENTATIVES OF EACH OF THEM AND ALL THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNITEES”) IN RESPECT OF ALL CLAIMS, COSTS (INCLUDING LEGAL FEES AND COSTS), DAMAGES, LIABILITIES AND EXPENSES OR OBLIGATIONS OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SERVICES (INCLUDING WITHOUT LIMITATION USE OF YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU). NXG RETAINS THE RIGHT TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY CLAIM SUPPORTING INDEMNIFICATION, AND IN SUCH CASES YOU AGREE TO COOPERATE WITH US TO DEFEND ANY SUCH CLAIM. YOU WILL NOT SETTLE ANY CLAIM COVERED BY THIS SECTION WITHOUT NXG’S PRIOR WRITTEN APPROVAL.