IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF SERVICE AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Please read carefully the following provisions of these Terms of Service (this “Agreement” or “Terms of Service”). This is a legal agreement between you and nextlvl.gg website, (“Nextlvl”, “we” or “us”) regarding the use of the website located at www.nextlvl.gg, all affiliated websites, including mobile websites and applications, owned and operated by us, or our predecessors or successors in interest (collectively, the “Site”), all services, applications and products that are accessible through the Site and all our mobile applications that link to or reference this Agreement (collectively, the “Nextlvl Services”).
Nextlvl Services provides a platform where the individuals (the “Clients”) who seek to acquire in-game training and assistance (the “Services”) and professional players and experts (the “boosters”) who seek to offer such Services can identify each other and engage with each other for the provision of the Services. Through the Nextlvl Services, Nextlvl facilitates the provision of Services to the Clients and Boosters (collectively, the “Users”), but does not act as a party to the provision of the Services or the Contract (as defined below). If Clients agree on terms for the Services, a service contract (a “Contract”) is formed directly between such Clients.
1. ACCEPTANCE OF TERMS OF SERVICE
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY STOP ACCESSING OR USING THE NEXTLVL SERVICES.
By registering for an account on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement and the other Terms of Service electronically, effective on the date you register your Account or click to accept the Terms of Service, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement and any amendments.
2. CHANGE IN THE TERMS OF SERVICE
We reserve the right at all times to discontinue or modify any part of these Terms of Service as we deem necessary or desirable. We suggest that you revisit our Terms of Service from time to time to ensure that you stay informed of any such changes to the Nextlvl Services. We will provide reasonable notice before of any amendment to these Terms of Service that includes a material change to these Terms of Service. Your continued use of the Nextlvl Services after we update these Terms of Service will constitute acceptance of the modified Terms of Service. We also reserve the right to change or discontinue any aspect or feature of the Nextlvl Services including, but not limited to, requirements for access or use. Any revisions to the Terms of Service will take effect on the noted effective date.
3. GENERAL TERMS OF SERVICE
3.1. To access or use the Nextlvl Services and to create an Account, you must be, and hereby represent that you are, an individual 13 years or older who can form legally binding contracts. If you are between ages of 13 and the age of majority where you live, you must review these Terms of Service with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. You may not access or use the Nextlvl Services if you are a competitor of Nextlvl or if we have previously banned you from the Nextlvl Services or closed your Account.
3.2. The Nextlvl Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
3.3. Boosters are users who provide services to clients according to the description of Nextlvl Services. Boosters are not employers of Nextlvl.gg
3.4 You must create an Account and provide certain information about yourself in order to use the Nextlvl Services. If you are a booster, you represent and warrant that you use your Account to market your business to others for the purpose of entering into independent contractor relationships with other Users of the Nextlvl Services. You agree to provide true, accurate, and complete information on your Account and all registration and other forms you access through the Nextlvl Services or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You may not impersonate any other person or use a name that is not your own.
3.5. You may only have one Nextlvl account for use of the Nextlvl Services as client and booster. You may not create or use more than one account, and you may not share your account or any of the Nextlvl Services with others.
3.6. We reserve the right, in our sole discretion, to refuse, suspend, or revoke your access to the Nextlvl Services if we learn that any information you provided on any form or posted through the Nextlvl Services is not true, accurate, or complete, or such information or other conduct otherwise violates the Nextlvl Terms of Service, or for any other reason or no reason in our sole discretion. When you create an Account and from time to time thereafter, your Account will be subject to verification of your identity and any information that you had provided to us; and you authorize Nextlvl, directly or through third parties, to make any inquiries necessary to validate the foregoing, subject to applicable law.
3.7. Each User is responsible for maintaining the confidentiality of such User’s Account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your Account. You agree not to use the account, username, or password of another user of Nextlvl Services, nor to disclose your password to any third party.
3.8. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Nextlvl.
3.9. You agree not to transmit Your Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (xix) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”; (ix) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or (x) includes a photograph or video of another person that you have posted without that person’s consent.
3.10. You agree that Your Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any of Your Content that we believe, in our sole discretion, violates these provisions. For the purposes of these Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
3.11. You agree that you will not use your access to the Nextlvl Services for any unfair advantage or cheating in any games you play with third parties. You agree that the Nextlvl Services are intended solely to improve your skills as a player.
3.12. You further agree that you will not use the Nextlvl Services to collect Content from anyone, whether for commercial use or any other kind of use, without first obtaining their consent and first making it clear that you (and not us) are the one collecting their Content.
3.13. We take no responsibility and assume no liability for any of Your Content that you or any other User or third-party posts or sends over the Nextlvl Services. You shall be solely responsible for Your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of Your Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you incur or allege to incur as a result of any Content posted on the Nextlvl Services.
3.2. OUR RIGHT TO USE CONTENT
3.2.1. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Nextlvl Services and any Other Media the right to access Your Content in connection with their use of the Nextlvl Services and any Other Media. You agree that Your Content will be treated as non-confidential and non-proprietary and will not be returned. You further agree and acknowledge that your relationship with Nextlvl is not a confidential, fiduciary, or other type of special relationship and that none of Your Content will be subject to any obligation of confidence on the part of Nextlvl. Finally, you irrevocably waive, and cause to be waived, against us and our Users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
3.2.2. Nextlvl does not guarantee that the descriptions of all or any products displayed on the site are 100% accurate. This is mainly due to the difficulty inherent with operating within a proposed time limit. However, we have done our best to explain the content on the Site and its services and correctly and realistically as possible.
4. STORE FUNDS AND PAYMENTS
4.1. Store credits (or balance) are used to purchase all types of Nextlvl Services except “bonus coins items” on the website. Every user has a special virtual balance of store credits connected to their profile on the nextlvl.gg website.
4.2. Clients are able to purchase store credits in such currency that is available on the Portals in accordance with the prevailing exchange rate determined by Nextlvl.gg at its absolute discretion. Store credits have no real value and can only be used on the nextlvl.gg website to purchase Nextlvl Services.
4.3. In order to make every client's experience of using Nextlvl Services better we always try our best to connect store credits exchange rate to an actual exchange rate of USD, EURO or any other currency available on the website. However, we do not guarantee that exchange rate is always 1:1
4.4. Clients are not able to sell or exchange store credits to other users or back to nextlvl.gg, or to withdraw store credits in any means. Clients are responsible for any additional charges by payment systems (Portals) when purchasing store credits.
4.5. Boosters are able to earn store credits on their virtual accounts on the nextlvl.gg website by completing orders to earn percent or fixed amounts according to available rate and price-list. Boosters are also able to earn store credits by completing special challenges or actions on the website. Boosters are able to sell store credits back to nextlvl.gg by using a special “sell store credits” option available only for boosters.
4.6. We reserve the right to accept or refuse the purchase request of store credits from boosters at our own discretion.
4.7. We reserve the right to change any user store credits balance in order to compensate, fix or apply a penalty to users for their actions on the website.
4.8. Gift cards are special codes (promocodes) that are used to add store credits on the account on the website. Users can purchase gift cards by using their available balance. Users will receive a special code after purchase which can be used to redeem the same amount of store credits on any other registered account on the nextlvl.gg website.
4.9. Bonus coins are used to purchase special types of services on the nextlvl.gg website which are available only for registered clients and boosters. Bonus coins are able to be earned by spending store credits on the website or by completing special challenges or actions on the website. Users are able to read about available actions and bonus coins return rate in the personal cabinet under the “bonus coins” section.
4.10. We reserve the right to apply any changes to bonus coins balance on users accounts and change ‘exchange rate’ as well as ‘payment for completing challenges or actions on the website’ at our own discretion.
4.11. Nexlvl shall have the absolute discretion to cancel any payment request to purchase store credits made by you without assigning any reasons whatsoever.
4.12. Nextlvl shall be entitled to vary or modify or remove the modes of payment available on the Portals (or any of them) at any time without prior notice to you.
5.1. Every purchase of store credits is final and non-refundable.
5.2. Clients are able to receive a refund for purchasing store credits no later than 24 hours after payment request was submitted and only in situations when store credits were not used to purchase any Nextlvl Service.
5.3. Any payment dispute or third-party mediation started by a client without contacting us in advance will result in payment cancellation of purchasing store credits and no refund.
5.4. Any kind of compensation is available only in store credits in situations described below.
5.5. The purchased service was not started 48 hours after the purchase. A client is able to receive full price compensation in such a situation.
5.6. In situations when service was already started clients are able to receive only some part of compensation or no compensation at all depending on the progress achieved by a booster.
6. RIGHTS AND RESPONSIBILITIES
6.1. Clients are allowed to post comments, ratings for boosters and Nextlvl Services on the website. However We reserve the right to remove or edit such comments if they are found to be: illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights of or otherwise injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
6.2. Clients accept by using Nextlvl Services that they are aware and know what they are paying for, and that some Nextlvl Services you are paying for require your game account or in-game information in order to complete such service. If there are errors in the information you provide when purchasing service from us may result in delay of the purchased service or order cancelation.
6.3. Clients accept the boosters reserve the right to change their in-game settings and specifics of the games we provide service for, so that they might perform to the best of their abilities.
6.4. Clients accept the fact they might not be able to use their gaming account until the service is fully delivered. In situations when clients do not let boosters to work on the service (kick booster from match, change account details, etc.) we reserve the right to cancel the order without any compensation.
6.5. Clients agree that Nextlvl.gg will not be held responsible for any actions following our service taken by Riot Games, Blizzard Entertainment, Valve or other game publishers on your account, including, but not limited to: suspensions, restrictions, banning or any further method of penalization. Refunds will not be given in these cases in any forms.
6.6. Users agree to communicate only using chat on the website. Users agree not to ask or share any personal or contact details, not try to contact another user outside of the website, not try to sell any service outside of the website.
6.7. We agree to do our best in order to assist users to fulfill the order. We will help clients to choose the correct service and help with the order process and account set up. We will also help boosters to complete the order in the most professional manner by providing special guides, information on updates and other information that may result in a faster, better and more professional order processing.
The Regulations are governed by the laws of the UK without reference to their conflicting provisions. Parties approving the Regulations are totally subject to the jurisdiction of courts in the UK.
Should you wish to contact us with any questions, complaints or claims with respect to the Nextlvl Services, you should visit our website at www.nextlvl.gg or email [email protected]