Yield Guild Games
Terms of Use
Last Modified: July 19, 2023
THESE TERMS CONTAIN AN ARBITRATION PROVISION.
DO NOT ACCEPT THEM WITHOUT FIRST REVIEWING THE ARBITRATION PROVISION SET FORTH BELOW.
Acceptance of the Terms of Use
These Terms of Use are entered into by and between you and Yield Guild Games Association (" YGG ," " we ," " our ," or us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, " Terms of Use"), govern your access to and use of https://nextgenpro.top including any content, functionality, and Services (defined below) offered on or through the Sites and blockchain Metaverse (collectively, the " Platform"). Only users who have registered with YGG with their email address can use the Services (a " registered user"). Any user who has not registered will only have viewing access to the publicly accessible parts of the Sites as a guest (an " unregistered user").
Please read these Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.
This Platform is offered and available to persons who are thirteen (13) years of age or older. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with YGG and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
If you are agreeing to these Terms of Use on behalf of an entity, you hereby represent and warrant that you have all necessary permissions and authority to agree to these Terms of Use and to bind the entity to them.
Definitions
The following terms as used herein shall have the following meanings:
Services
The Platform
The Platform has several distinct features, including but not limited to, the dashboard, inventory, achievements (where registered users can view the achievements of other Players as well as their own), reward vault (where registered users can stake their YGG Tokens for in-game tokens and which has its own Terms of Use), and tokens (where registered users can view the contents of their wallet).
Registered users can sign up to the Platform using their email and a magic link.
Use Guidelines. Registered users shall not:
Restrictions. Registered users shall not (and shall not allow any third-party to):
Support
Please join our Discord at https://discord.gg/ygg and create a support ticket in #support-ticket if you need to contact the Platform regarding any issue you are having. Otherwise, please email us at [email protected]
Registered User Responsibilities
The Platform may offer all or some of the following to registered users, who can update a Profile with: (a) a description of themselves; (b) post(s) about themselves, like other registered users' posts, follow another registered user, comment on another registered user's Profile, message other registered users, and follow feeds of registered users; (c) their preferences and capabilities, and other practical considerations, such as publicly indicating that they are or are not playing a particular game; (d) links to wallets; (e) links to other social media accounts; and (f) links to their game accounts, including games not partnered with YGG. Registered users shall cooperate with YGG or its agents as requested to verify any information provided by the registered user. To the extent that a registered user breaches any of this Section, such registered user may be removed from the Platform as well as risk claims from other registered users and YGG.
ACCEPTANCE OF DISCLAIMER BY YGG OF RESPONSIBILITY FOR REGISTERED USER SERVICES AND CONTENT. The Game Partners are solely responsible for the content provided by such Game Partners or any of their employees, delegates, or other representatives. Other than as provided in these Terms of Use, YGG shall not in any way interfere with the independence of or otherwise participate in the Game Partner's content. The registered users acknowledge that:
Player Responsibilities
Eligibility and Participation
To participate in the Platform, you will need a mobile device or laptop/PC and an internet connection If you wish to be a Player, you may also need an EVM crypto wallet, YGG badge, and the NFT asset required to play the NFT game.
Accessing the Platform and Account Security
We reserve the right to withdraw or amend any part of the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to any registered users.
You are strictly responsible for managing your user ID and login methods.
You are responsible for:
You understand and acknowledge that you are responsible for any Contributions you make, and you, not YGG, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. The Platform only permits the use of certain whitelisted NFTs.
We are not responsible or liable to any third-party for the content or accuracy of any Contributions posted by you or any other registered user of the Platform.
Contributions; Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS YGG AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any registered user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
Content Standards on Platform, Discord, and other YGG Communication Media.
These content standards apply to any and all registered user Contributions (as defined in our Privacy Policy) and use of Interactive Services. Registered user Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, registered user Contributions must not:
Trademarks
YGG's name, YGG's logo, and all related names, logos, product and service names, designs, and slogans are trademarks of YGG or its affiliates or licensors, which may be registered in the future. You must not use such marks without the prior written permission of YGG. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
Additionally, you agree not to:
Intellectual Property Rights
The Platform and its features and functionality (including but not limited to its information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by YGG, its licensors, or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We reserve the right to license any of this intellectual property to you to enhance your experience of the Platform. Any such license shall be communicated to you in your use of the Platform.
You agree not to copy materials on the Platform, reverse engineer or break into the Platform, or use materials, products, or services in violation of any law. The use of the Platform is at the discretion of YGG and YGG may terminate your use of the Platform at any time.
While using the Platform, you may interact with the various other objects within the Platform. Some of these other objects are owned by other parties using the Platform. We are not responsible for the posts other registered users make on the Platform.
Copyright Infringement
If you believe that any registered user Contributions violate your copyright, please see below for instructions on sending us a notice of copyright infringement. It is the policy of YGG to terminate the registered user accounts of repeat infringers.
Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our copyright agent designated below. The written notice (the " Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated agent to receive the notices is Kurt Watkins, Head of Legal, contactable at [email protected].
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA or or greater requirements as may be dictated by your jurisdiction, your Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees).
Counter Notification Procedures. If you believe that material you posted on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a " Counter Notice") by submitting written notification to our copyright agent designated above. The Counter Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Platform with the complaint at issue.
We may restore the removed content if the party filing the original Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees).
No Sanctioned Individuals
You, or the person whom You represent, may not be (1) the target of economic sanctions, financial sanctions, trade embargoes or export controls administered, enacted or enforced from time to time by the United States of America (" U.S.") (including those administered by the U.S. Treasury Department's Office of Foreign Assets Control, the U.S. Department of Commerce, or the U.S. Department of State), the United Nations Security Council, the European Union (" EU"), any EU member state, or the United Kingdom (regardless of its status vis a vis the EU) (collectively " Sanctions"); (2) organized, operating from, incorporated or resident in a country or territory which is the subject of comprehensive export, import, financial or investment embargoes under any Sanctions (which, as of the date of this Agreement are Cuba, Iran, North Korea, Syria, Russia and the Russian controlled regions of Ukraine).
Reliance on Information Posted
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other unregistered user to the Platform, or by anyone who may be informed of any of its contents.
This Platform includes content provided by third-parties, including materials provided by other registered users and services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by YGG, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of YGG. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.
Changes to the Platform
We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out-of-date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Platform
All information we collect on this Platform is subject to our Privacy Policy By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Other Terms and Conditions
All rewards generated through our Platform or resulting from visits made by you, are governed by our reward-vaults, which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services, or features of the Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Platform and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Platform may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Use.
The platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards Section set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
Links from the Platform
If the Platform contains links to other sites and resources provided by third-parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Platforms linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Platforms.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for interaction from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER YGG NOR ANY PERSON ASSOCIATED WITH YGG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER YGG NOR ANYONE ASSOCIATED WITH YGG REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, YGG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL YGG, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless YGG, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your registered user Contributions, any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.
Governing Law and Jurisdiction
These Terms of Use will be governed by and construed and interpreted in accordance with the laws of Switzerland, without giving effect to choice of law provisions. Each party waives any right it may have to assert the doctrine of forum non conveniens, to assert that it is not subject to the jurisdiction of such arbitration or courts or to object to venue to the extent any proceeding is brought in accordance herewith.
Disputes
Any dispute, controversy, claim, or difference of whatever nature arising out of, relating to, or having any connection with these Terms of Use, including a dispute regarding the existence, formation, validity, interpretation, performance, or termination of these Terms of Use or the consequences of its nullity and also including any dispute relating to any non-contractual rights or obligations arising out of, relating to, or having any connection with these Terms of Use or the Platform (a " Dispute") shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution (" SCAI") in force on the date when a party sends a Notice of Arbitration to another and is submitted in accordance with the SCAI rules. The number of arbitrators shall be one (1) or three (3), in the discretion of YGG; the seat of the arbitration shall be in Zug, Switzerland or remote; the arbitral proceedings shall be conducted in English, with the following exceptions to such rules if in conflict: (a) each party to the arbitration will pay an equal share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (b) arbitration may proceed in the absence of any party if written notice (pursuant to SCAI rules and regulations) of the proceedings has been given to such party. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims, or disputes shall be decided in this manner in lieu of any action at law or equity. ANY SUCH DISPUTE SHALL EXCLUSIVELY BE REFERRED TO THE COURTS COMPETENT FOR THE CITY OF ZUG, SWITZERLAND IF ARBITRATION IS INEFFECTIVE. Each party irrevocably and unconditionally waives any objection that it may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to these Terms of Use in the courts referred to in this Section. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by YGG of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of YGG to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use 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 these Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use, our Privacy Policy, and Rewards Terms of Use constitute the sole and entire agreement between you and Yield Guild Games Association regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
Your Comments and Concerns
This Platform is operated by Yield Guild Games Association with an address of c/o Domanda Verwaltungs GmbH,
Grafenaustrasse 5, 6302 Zug, Switzerland.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Infringement Section above in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to our support service as described herein.