Next Play Games: Terms and Conditions
INTRODUCTION
These Terms and Conditions (hereinafter referred to as "Terms") constitute a legally binding agreement between you (the "User," "you," or "your") and Next Play Games (hereinafter referred to as "Next Play Games," "we," "us," or "our") regarding your access to and use of the website nextplaygamesus.com (the "Site") and all services, features, content, and products available through the Site.
By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to all of these Terms, you are expressly prohibited from using the Site and must discontinue use immediately.
We reserve the right, at our sole discretion, to modify, revise, or update these Terms at any time. You are responsible for reviewing these Terms periodically for changes. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes. The most current version of these Terms will supersede all previous versions. For more information on how we collect and use your data, please review our Privacy Policy.
1. ELIGIBILITY AND USER REQUIREMENTS
1.1 Age Requirements: You must be at least thirteen (13) years of age to access or use the Site. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you may only use the Site under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms.
1.2 Legal Capacity: By using the Site, you represent and warrant that you have the legal capacity to enter into these Terms in your jurisdiction and that you will comply with all applicable laws and regulations.
1.3 Verification: We reserve the right to request proof of age or identity at any time. If we discover or have reasonable grounds to suspect that you do not meet the age requirements, we may suspend or terminate your account and access to the Site immediately.
1.4 Regional Restrictions: You acknowledge that certain features, products, or services may not be available in all geographic regions. You are responsible for compliance with local laws regarding online conduct and acceptable content.
2. USE OF THE SITE AND PROHIBITED ACTIVITIES
2.1 Acceptable Use: You agree to use the Site only for its intended purposes and in accordance with these Terms and all applicable laws and regulations.
2.2 Prohibited Activities: You expressly agree not to engage in any of the following activities:
2.2.1 Using the Site in any manner that could disable, overburden, damage, or impair the proper functioning of the Site or interfere with other users' enjoyment of the Site.
2.2.2 Using any robot, spider, crawler, scraper, or other automated means to access the Site or collect content from the Site for any purpose without our express written permission.
2.2.3 Attempting to bypass any measures we may use to prevent or restrict access to the Site or any portion thereof.
2.2.4 Introducing any viruses, Trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful.
2.2.5 Engaging in any harassing, intimidating, predatory, or stalking conduct.
2.2.6 Impersonating or attempting to impersonate Next Play Games, a Next Play Games employee, another user, or any other person or entity.
2.2.7 Using the Site for any unauthorized commercial purposes, including advertising, marketing, or offering goods or services without our prior written consent.
2.2.8 Using the Site to promote illegal activities or to transmit any material that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable.
2.3 Monitoring and Enforcement: We have the right, but not the obligation, to monitor the Site for violations of these Terms. We may take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms.
2.4 Contest Integrity: You agree not to engage in any behavior intended to manipulate, exploit, or interfere with the fairness or integrity of any contest, game mechanic, or scoring algorithm on the Site. This includes but is not limited to: using bots or scripts, collusion, multi-accounting, or any form of fraudulent activity. We reserve the right to disqualify, suspend, or ban any user found violating this clause.
3. USER ACCOUNTS AND SECURITY
3.1 Account Creation: To access certain features of the Site, you may be required to register for an account. When creating an account, you agree to:
3.1.1 Provide true, accurate, current, and complete information about yourself as prompted by the registration form.
3.1.2 Maintain and promptly update your account information to keep it true, accurate, current, and complete.
3.1.3 Create only one account for your personal use and not transfer your account to any other person.
3.2 Account Security: You are responsible for safeguarding your account credentials. You agree to:
3.2.1 Maintain the confidentiality of your username, password, and any other account information.
3.2.2 Immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.
3.2.3 Log out from your account at the end of each session when accessing the Site from a shared or public computer.
3.3 Account Termination: We reserve the right to terminate, suspend, or restrict your account and access to the Site, at our sole discretion, without notice or liability, for any reason whatsoever, including but not limited to:
3.3.1 Violation of these Terms or other policies referenced herein.
3.3.2 Suspected fraudulent, abusive, or illegal activity.
3.3.3 Extended periods of inactivity.
3.3.4 Requests by law enforcement or other government agencies.
3.4 Account Data: Upon termination of your account for any reason, we may retain your account information and User Content (as defined below) as necessary to comply with our legal obligations,
resolve disputes, enforce our agreements, and protect our legal rights.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Site Content: Unless otherwise indicated, the Site and all content and materials available through the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Content") are the property of Next Play Games, our affiliates, our licensors, or other content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Content solely for your personal, non-commercial use.
4.3 Restrictions: Except as expressly permitted in these Terms, you may not:
4.3.1 Copy, modify, reproduce, republish, distribute, display, transmit, sell, rent, lease, loan, or otherwise exploit any portion of the Site or Content.
4.3.2 Create derivative works based on the Site or Content.
4.3.3 Reverse engineer, decompile, or disassemble any portion of the Site.
4.3.4 Remove or alter any copyright, trademark, or other proprietary notices contained in or on the Site or Content.
4.3.5 Use any automated means, including but not limited to agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site or Content.
4.4 Trademarks: All Next Play Games trademarks, service marks, trade names, logos, domain names, and any other features of the Next Play Games brand are the sole property of Next Play Games or its licensors. Nothing in these Terms grants you the right to use any Next Play Games trademarks, service marks, trade names, logos, domain names, or other distinctive brand features.
5. USER CONTENT
5.1 User Submissions: The Site may allow you to submit, post, upload, or otherwise make available content such as comments, reviews, ratings, suggestions, ideas, photos, videos, or other materials ("User Content").
5.2 License Grant: By submitting User Content to the Site, you grant Next Play Games a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or in part) throughout the world in any media now known or hereafter developed, for any purpose whatsoever, including but not limited to:
5.2.1 Operating, providing, promoting, and improving the Site and our services.
5.2.2 Researching and developing new products and services.
5.2.3 Displaying, distributing, and promoting the User Content on the Site and through other media channels.
5.3 Representations and Warranties: You represent and warrant that:
5.3.1 You own or control all rights in and to the User Content you submit or have obtained all necessary permissions and releases.
5.3.2 The User Content does not and will not violate any third-party rights, including intellectual property rights, rights of privacy, or rights of publicity.
5.3.3 The User Content complies with these Terms and all applicable laws and regulations.
5.3.4 The User Content is not defamatory, obscene, offensive, harassing, intimidating, threatening, or otherwise objectionable.
5.4 Monitoring and Removal: We reserve the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify, or store User Content at any time, for any reason, without notice, including User Content that we believe violates these Terms or is otherwise objectionable.
5.5 No Endorsement: We do not endorse any User Content or opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content.
5.6 DMCA Copyright Complaints: If you believe that any content on the Site infringes your copyright, you may file a Digital Millennium Copyright Act (DMCA) notice by sending the following information to our designated copyright agent
(a) A description of the copyrighted work you believe has been infringed;
(b) The URL or location of the allegedly infringing content;
(c) Your name, address, phone number, and email address;
(d) A statement that you have a good faith belief the use is not authorized;
(e) A statement, under penalty of perjury, that your notice is accurate and you are the copyright owner or authorized to act on their behalf; and
(f) Your physical or electronic signature.
6. PRODUCT INFORMATION, PURCHASES, AND RETURNS
6.1 Product Information: We make reasonable efforts to display product information accurately on the Site. However, we do not warrant that product descriptions, images, pricing, or other content on the Site is accurate, complete, reliable, current, or error-free.
6.2 Pricing and Availability: All prices displayed on the Site are subject to change without notice. We reserve the right to modify or discontinue any product or service without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of any product or service.
6.3 Orders and Confirmation: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers, or distributors.
6.4 Return Policy: Physical products purchased through the Site may be returned within thirty (30) days of the date of delivery, subject to the following conditions:
6.4.1 The product must be in its original packaging, unused, and in resalable condition.
6.4.2 You must obtain a Return Authorization Number from our customer service department before returning any product.
6.4.3 You are responsible for shipping costs associated with returning products unless the return is due to our error.
6.4.4 Refunds will be issued to the original payment method once the returned product is received and inspected.
6.4.5 Digital products, downloadable content, and certain other products as specified at the time of purchase are not eligible for return.
6.5 Shipping and Delivery: Shipping and delivery dates are estimates only and are not guaranteed. We are not liable for any delays in shipments.
6.6 Fantasy Sports Disclaimer: The outcomes of fantasy sports offered through the Site are based on publicly available real-world sports data. Next Play Games makes no representations or guarantees regarding the accuracy of data, scoring, or outcomes. Users acknowledge that fantasy results may be impacted by third-party data providers, technical issues, or unforeseen circumstances. Participation in fantasy games is at your own risk.
6.7 Modification of Services: We reserve the right to modify, suspend, or discontinue any feature, product, or service offered through the Site at any time, with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of any part of the Site.
7. PROMOTIONS, CONTESTS, AND GIVEAWAYS
7.1 General Terms: From time to time, we may offer contests, sweepstakes, promotions, or giveaways (collectively, "Promotions") through the Site. Each Promotion may have additional rules, terms, and eligibility requirements, which will be communicated separately.
7.2 Eligibility: Unless otherwise specified, Promotions are open only to legal residents of the United States who are of legal age in their jurisdiction of residence.
7.3 Participation: By participating in any Promotion, you agree to:
7.3.1 Comply with the specific rules, terms, and requirements of that Promotion.
7.3.2 Release Next Play Games, its affiliates, subsidiaries, advertising and promotion agencies, and each of their respective officers, directors, employees, representatives, and agents from any liability related to the Promotion.
7.3.3 Allow Next Play Games to use your name, likeness, and other information for advertising and promotional purposes without additional compensation, unless prohibited by law.
7.4 Prizes: Prizes offered in any Promotion are non-transferable and may not be redeemed for cash or substituted, except at our sole discretion. We reserve the right to substitute a prize of equal or greater value if the advertised prize becomes unavailable.
8. DISCLAIMERS AND WARRANTIES
8.1 "As Is" Basis: THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
8.2 Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEXT PLAY GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:
8.2.1 THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
8.2.2 THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
8.2.3 THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
8.2.4 ANY ERRORS IN THE SITE WILL BE CORRECTED.
8.3 Materials Downloaded: ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8.4 Medical Information: ANY INFORMATION RELATED TO HEALTH, FITNESS, OR WELLNESS ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROFESSIONAL.
8.5 Jurisdictional Limitations: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.
THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
9.1 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXT PLAY GAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
9.1.1 YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY CONTENT THEREON.
9.1.2 ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
9.1.3 ANY CONTENT OBTAINED FROM THE SITE.
9.1.4 UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
9.2 Maximum Liability: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR FIFTY DOLLARS ($50.00).
9.3 Essential Purpose: THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEXT PLAY GAMES AND YOU. YOU ACKNOWLEDGE AND AGREE THAT NEXT PLAY GAMES WOULD NOT PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS.
10. INDEMNIFICATION
10.1 Indemnification Obligation: You agree to defend, indemnify, and hold harmless Next Play Games, its affiliates, subsidiaries, officers, directors, employees, agents, partners, contractors, licensors, suppliers, and representatives from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
10.1.1 Your violation of these Terms or documents they incorporate by reference.
10.1.2 Your violation of any rights of a third party, including but not limited to intellectual property rights, rights of privacy, or rights of publicity.
10.1.3 Your User Content.
10.1.4 Your use of the Site, including, but not limited to, your use of Content made available through the Site.
10.1.5 Your negligence or willful misconduct.
10.2 Cooperation: If we are involved in a legal matter for which you have an indemnification obligation, we will:
10.2.1 Provide you with prompt written notice of the claim, demand, suit, or proceeding.
10.2.2 Cooperate reasonably with you at your expense in the defense of such matter.
10.2.3 Allow you to control the defense and settlement of the matter, provided that you may not settle any claim without our prior written consent if the settlement requires us to admit any liability or take any action or refrain from taking any action.
11. TERMINATION AND SUSPENSION OF SITE ACCESS
11.1 Termination by Us: Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason or for no reason, including but not limited to:
11.1.1 Breach or violation of these Terms or any incorporated document.
11.1.2 Violation of applicable laws or regulations.
11.1.3 Engagement in conduct that is harmful to other users, third parties, or our business interests.
11.2 Termination by You: You may discontinue using the Site at any time. If you wish to terminate your account, you may simply discontinue using the Site or follow the instructions for account termination provided in your account settings.
11.3 Effect of Termination: Upon termination of your access to the Site for any reason:
11.3.1 All licenses and rights to use the Site shall immediately terminate.
11.3.2 You must cease all use of the Site.
11.3.3 We may delete or deactivate your account and all related information and files in your account.
11.3.4 We may bar any further access to such files or the Site.
11.4 Survival: All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. GOVERNING LAW, DISPUTE RESOLUTION, AND ARBITRATION
12.1 Governing Law: These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions.
12.2 Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA").
12.3 Arbitration Procedures:
12.3.1 The arbitration shall be conducted by one arbitrator selected in accordance with the AAA rules.
12.3.2 The arbitration shall take place in Oakland County, Michigan, United States, unless otherwise agreed by the parties.
12.3.3 The language of the arbitration shall be English.
12.3.4 The arbitrator shall apply the substantive law of the State of Michigan.
12.3.5 The arbitrator's award shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction.
12.4 Class Action Waiver: YOU AND NEXT PLAY GAMES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Next Play Games agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
12.5 Small Claims Court: Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court's jurisdiction and is pending only in that court.
12.6 Equitable Relief: Notwithstanding the foregoing, Next Play Games shall have the right to seek injunctive or other equitable relief in state or federal court located in Oakland County, Michigan to enforce these Terms or prevent an infringement of a third party's rights or our intellectual property rights.
12.7 International Users: If you are accessing the Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. By using the Site, you expressly agree that any disputes, claims, or legal matters will be governed by the laws of the State of Michigan, United States, and adjudicated as specified in these Terms. You further waive any rights you may have under the laws of other jurisdictions, including the application of foreign consumer protection laws, to the maximum extent permitted by applicable law.
13. THIRD-PARTY WEBSITES AND CONTENT
13.1 Third-Party Links: The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Next Play Games. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources.
13.2 No Endorsement: Links to third-party websites, services, or resources do not imply endorsement by Next Play Games of those sites or the content, products, or services they provide. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or resources.
13.3 Third-Party Terms: Your use of any third-party websites, services, or resources may be subject to their terms of use and privacy policies. You are responsible for reviewing and complying with such terms.
14. CHANGES TO TERMS
14.1 Modifications: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The most current version of the Terms will be posted on the Site with the "Last Updated" date at the top of the Terms.
14.2 Notice: We will make reasonable efforts to provide notice of significant changes to the Terms, which may include posting a notice on the Site or sending an email to the address associated with your account.
14.3 Continued Use: Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes. If you do not agree to the modified Terms, you should discontinue your use of the Site.
15. MISCELLANEOUS PROVISIONS
15.1 Entire Agreement: These Terms, together with any documents they expressly incorporate by reference, constitute the entire agreement between you and Next Play Games regarding your use of the Site and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.
15.2 Waiver: No waiver by Next Play Games of any term or condition in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. No failure to exercise or delay in exercising any right, remedy, power, or privilege arising from these Terms shall operate or be construed as a waiver thereof.
15.3 Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
15.4 Assignment: You may not assign these Terms or any rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Next Play Games. Next Play Games may assign these Terms and its rights and obligations hereunder to any third party without your consent.
15.5 Force Majeure: We will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, industrial disputes, power outages, internet disturbances, governmental regulations, fire, flood, or any disaster.
15.6 Notices: Any notices or other communications permitted or required hereunder will be in writing and given by Next Play Games via email, Site notification, or by written communication sent by first class mail or pre-paid post to the address that you provided during the registration process. The date of receipt shall be deemed the date on which such notice is transmitted.
15.7 No Agency: Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or franchise relationship between you and Next Play Games.
15.8 No Third-Party Beneficiaries: These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
16. CONTACT INFORMATION
If you have any questions or concerns about these Terms or the Site, please contact us at:
Next Play Games
3079 S Baldwin Rd Unit #3062
Lake Orion, MI 48359
Date of Last Revision: March 20, 2025