This agreement was written in English (US). To the extent an
y translated version of this agreement conflicts with
the English version, the English version controls. Please note that Section 16 c
ontains certain changes to the
general terms for users outside the United States.
Date of Last Revision: July 15, 2015
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Ter
ms," or "SRR") derives from the
, and is our terms of service that governs our relationship with u
sers and others who interact with N3xt
g3nov8ion, as well as N3xt g3nov8ion brands, products and ser
vices, which we call the
Services” or “Services”
. By using or accessing the N3xt g3nov8ion Services, you agree to
this Statement, as
updated from time to time in accordance with Section 13 below. Additio
nally, you will find resources at the end of
this document that help you understand how N3xt g3nov8ion works.
Because N3xt g3nov8ion provides a wide range of
, we may ask you to review and accept supplemental
terms that apply to your interaction with a specific app, product, or serv
ice. To the extent those supplemental
terms conflict with this SRR, the supplemental terms associated with the a
pp, product, or service govern with
respect to your use of such app, product or service to the extent of the co
Your privacy is very important to us. We designed our
to make important disclosures about how you
can use N3xt g3nov8ion to share with others and how we collect and
can use your content and information. We
encourage you to read the
, and to use it to help you make informed decisions.
Sharing Your Content and Information
You own all of the content and information you post on N3xt g3nov8i
on, and you can control how it is shared
. In addition:
1. For content that is covered by intellectual property rights, like pho
tos and videos (IP content),
you specifically give us the following permission, subject to your
grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwid
e license to use any IP
content that you post on or in connection with N3xt g3nov8ion (IP
License). This IP License ends when
you delete your IP content or your account unless your content has bee
n shared with others, and they
have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptyin
g the recycle bin on a
computer. However, you understand that removed content may persist
in backup copies for a
reasonable period of time (but will not be available to other
3. When you use an application, the application may ask for your permission
to access your
content and information as well as content and information that
others have shared with you. We
require applications to respect your privacy, and your agreement w
ith that application will control how
the application can use, store, and transfer that content and inform
ation. (To learn more about Platform,
including how you can control what information other people ma
y share with applications, read our
4. When you publish content or information using the Public setting, it means th
at you are
allowing everyone, including people off of N3xt g3nov8ion, to access and
use that information, and to
associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other suggestions about N3x
t g3nov8ion, but you
understand that we may use your feedback or suggestions without any obli
gation to compensate you for
them (just as you have no obligation to offer them).
We do our best to keep N3xt g3nov8ion safe, but we cannot guarantee
it. We need your help to keep N3xt
g3nov8ion safe, which includes the following commitments by you:
1. You will not post unauthorized commercial communications (such
as spam) on N3xt
2. You will not collect users' content or information, or otherwise access N3
xt g3nov8ion, using
automated means (such as harvesting bots, robots, spiders, or scrapers
) without our prior permission.
3. You will not engage in unlawful multi-level marketing, such as a
pyramid scheme, on N3xt
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging t
o someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hate speech, threatening, or porno
graphic; incites violence; or
contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing
alcohol-related, dating or
other mature content (including advertisements) without appropr
iate age-based restrictions.
9. You will not use N3xt g3nov8ion to do anything unlawful, misleading,
10. You will not do anything that could disable, overburden, or i
mpair the proper working or
appearance of N3xt g3nov8ion, such as a denial of service attack or inter
ference with page rendering or
other N3xt g3nov8ion functionality.
11. You will not facilitate or encourage any violations of this Statemen
t or our policies.
Registration and Account Security
N3xt g3nov8ion users provide their real names and information, and we
need your help to keep it that way. Here
are some commitments you make to us relating to registering and maint
aining the security of your account:
1. You will not provide any false personal information on N3xt
g3nov8ion, or create an account for
anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one wi
thout our permission.
4. You will not use your personal timeline primarily for your
own commercial gain, and will use a
N3xt g3nov8ion Page for such purposes.
5. You will not use N3xt g3nov8ion if you are under 11.
6. You will not use N3xt g3nov8ion if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password (or in the case of developers, your
secret key), let anyone
else access your account, or do anything else that might jeopardize t
he security of your account.
9. You will not transfer your account (including any Page or appl
ication you administer) to anyone
without first getting our written permission.
10. If you select a username or similar identifier for your account or
Page, we reserve the right to
remove or reclaim it if we believe it is appropriate (such as when a tradema
rk owner complains about a
username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on N3xt g3nov8ion that
infringes or violates
someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on N3xt g3no
v8ion if we believe that it
violates this Statement or our policies.
3. We provide you with tools to help you protect your intellectual property rights
. To learn more,
How to Report Claims of Intellectual Property Infringement
4. If we remove your content for infringing someone else's copyright,
and you believe we removed
it by mistake, we will provide you with an opportunity to appeal.
5. If you repeatedly infringe other people's intellectual property rights
, we will disable your account
6. You will not use our copyrights or Trademarks or any confusing
ly similar marks, except as
expressly permitted by our Brand Usage Guidelines or with our prior
7. If you collect information from users, you will: obtain their consent, make i
t clear you (and not
N3xt g3nov8ion) are the one collecting their information, and post a
information you collect and how you will use it.
8. You will not post anyone's identification documents or sensitive financ
ial information on N3xt
9. You will not tag users or send email invitations to non-users w
ithout their consent. N3xt
g3nov8ion offers social reporting tools to enable users to provide feedback a
obile and Other Devices
1. We currently provide our mobile services for free, but please be awa
re that your carrier's
normal rates and fees, such as text messaging and data charges,
will still apply.
2. In the event you change or deactivate your mobile telephone num
ber, you will update your
account information on N3xt g3nov8ion within 48 hours to ensur
e that your messages are not sent to the
person who acquires your old number.
3. You provide consent and all rights necessary to enable users to sync
(including through an
application) their devices with any information that is visible to them
on N3xt g3nov8ion.
If you make a payment on N3xt g3nov8ion, you agree to our
unless it is stated that other terms
Special Provisions Applicable to Developers/Operators of App
lications and Websites
If you are a developer or operator of a Platform application or w
ebsite or if you use Social Plugins, you must
comply with the
N3xt g3nov8ion Platform Policy
About Advertisements and Other Commercial Content Served
or Enhanced by N3xt g3nov8ion
Our goal is to deliver advertising and other commercial or sponsor
ed content that is valuable to our users and
advertisers. In order to help us do that, you agree to the followi
1. You give us permission to use your name, profile picture, co
ntent, and information in
connection with commercial, sponsored, or related content (such as a bra
nd you like) served or
enhanced by us. This means, for example, that you permit a busine
ss or other entity to pay us to display
your name and/or profile picture with your content or information, w
ithout any compensation to you. If
you have selected a specific audience for your content or information, we
will respect your choice when
we use it.
2. We do not give your content or information to advertisers without
3. You understand that we may not always identify paid services and comm
unications as such.
Special Provisions Applicable to Advertisers
If you use our self-service advertising creation interfaces for creati
on, submission and/or delivery of any
advertising or other commercial or sponsored activity or content (colle
ctively, the “Self-Serve Ad Interfaces”), you
agree to our
Self-Serve Ad Terms
. In addition, your advertising or other commercial or sponsored acti
content placed on N3xt g3nov8ion or our publisher network will co
mply with our
Special Provisions Applicable to Pages
If you create or administer a Page on N3xt g3nov8ion, or run a prom
otion or an offer from your Page, you agree
Special Provisions Applicable to Software
1. If you download or use our software, such as a stand-alone software
product, an app, or a
browser plugin, you agree that from time to time, the software m
ay download and install upgrades,
updates and additional features from us in order to improve, enhance, a
nd further develop the software.
2. You will not modify, create derivative works of, decompile, or otherwise
attempt to extract
source code from us, unless you are expressly permitted to do so under an
open source license, or we
give you express written permission.
1. We’ll notify you before we make changes to these terms and give yo
u the opportunity to review
and comment on the revised terms before continuing to use our Services.
2. If we make changes to policies, guidelines or other terms referenced i
n or incorporated by this
Statement, we may provide notice on the Site Governance Page.
3. Your continued use of the N3xt g3nov8ion Services, following notice of th
e changes to our
terms, policies or guidelines, constitutes your acceptance of our amend
ed terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create r
isk or possible legal exposure for us, we
can stop providing all or part of N3xt g3nov8ion to you. We will n
otify you by email or at the next time you attempt
to access your account. You may also delete your account or disable
your application at any time. In all such
cases, this Statement shall terminate, but the following provisions will
still apply: 2.2, 2.4, 3-5, 9.3, and 14-18.
1. You will resolve any claim, cause of action or dispute (claim) you h
ave with us arising out of or
relating to this Statement or N3xt g3nov8ion exclusively in the U.S. District
Court for the Northern
District of California or a state court located in San Mateo County, and
you agree to submit to the
personal jurisdiction of such courts for the purpose of litigating a
ll such claims. The laws of the State of
California will govern this Statement, as well as any claim that might
arise between you and us, without
regard to conflict of law provisions.
2. If anyone brings a claim against us related to your actions, content or in
formation on N3xt
g3nov8ion, you will indemnify and hold us harmless from and against a
ll damages, losses, and
expenses of any kind (including reasonable legal fees and co
sts) related to such claim. Although we
provide rules for user conduct, we do not control or direct users' act
ions on N3xt g3nov8ion and are not
responsible for the content or information users transmit or share on
N3xt g3nov8ion. We are not
responsible for any offensive, inappropriate, obscene, unlawful o
r otherwise objectionable content or
information you may encounter on N3xt g3nov8ion. We are not r
esponsible for the conduct, whether
online or offline, of any user of N3xt g3nov8ion.
3. WE TRY TO KEEP N3XT G3NOV8ION UP, BUG-FREE, AND SAFE, B
UT YOU USE IT AT
YOUR OWN RISK. WE ARE PROVIDING N3XT G3NOV8ION AS IS WITHOUT
ANY EXPRESS OR
IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANT
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFR
DO NOT GUARANTEE THAT N3XT G3NOV8ION WILL ALWAYS BE SAFE, SECURE
FREE OR THAT N3XT G3NOV8ION WILL ALWAYS FUNCTION WITHOUT DIS
OR IMPERFECTIONS. N3XT G3NOV8ION IS NOT RESPONSIBLE FOR THE ACTION
INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, K
UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE
AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, Y
CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES N
OT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY H
IM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEB
TOR. WE WILL NOT BE
LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL,
OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT
N3XT G3NOV8ION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT
G3NOV8ION WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS
($100) OR THE
AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE
LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. IN SUCH
CASES, N3XT G3NOV8ION'S LIABILITY WILL BE LIMITED TO THE F
ULLEST EXTENT PERMITTED
BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the United State
We strive to create a global community with consistent standards for
everyone, but we also strive to respect local
laws. The following provisions apply to users and non-users who int
eract with N3xt g3nov8ion outside the United
1. You consent to having your personal data transferred to and pro
cessed in the United States.
2. If you are located in a country embargoed by the United States, o
r are on the U.S. Treasury
Department's list of Specially Designated Nationals you will not engage
in commercial activities on N3xt
g3nov8ion (such as advertising or payments) or operate a Platform app
lication or website. You will not
use N3xt g3nov8ion if you are prohibited from receiving prod
ucts, services, or software originating from
the United States.
1. By "N3xt g3nov8ion" or” N3xt g3nov8ion Services” we mean the fe
atures and services we
make available, including through (a) our website at www.n3xt g3nov8
ion.com and any other N3xt
g3nov8ion branded or co-branded websites (including sub-domains,
international versions, widgets, and
mobile versions); (b) our Platform; (c) social plugins such as the Like b
utton, the Share button and other
similar offerings; and (d) other media, brands, products, service
s, software (such as a toolbar), devices,
or networks now existing or later developed. N3xt g3nov8ion r
eserves the right to designate, in its sole
discretion, that certain of our brands, products, or services are go
verned by separate terms and not this
2. By "Platform" we mean a set of APIs and services (such as con
tent) that enable others,
including application developers and website operators, to retrieve
data from N3xt g3nov8ion or provide
data to us.
3. By "information" we mean facts and other information about yo
u, including actions taken by
users and non-users who interact with N3xt g3nov8ion.
4. By "content" we mean anything you or other users post, provide or sha
re using N3xt g3nov8ion
5. By "data" or "user data" or "user's data" we mean any data, including
a user's content or
information that you or third parties can retrieve from N3xt g3n
ov8ion or provide to N3xt g3nov8ion
6. By "post" we mean post on N3xt g3nov8ion or otherwise make availab
le by using N3xt
7. By "use" we mean use, run, copy, publicly perform or display, distr
ibute, modify, translate, and
create derivative works of.
8. By "application" we mean any application or website that use
s or accesses Platform, as well as
anything else that receives or has received data from us. If you no l
onger access Platform but have not
deleted all data from us, the term application will apply until you dele
te the data.
9. By “Trademarks” we mean the list of trademarks provided
1. If you are a resident of or have your principal place of business in the
US or Canada, this
Statement is an agreement between you and N3xt g3nov8ion, Inc. O
therwise, this Statement is an
agreement between you and N3xt g3nov8ion Ireland Limited. Refer
ences to “us,” “we,” and “our” mean
either N3xt g3nov8ion, Inc. or N3xt g3nov8ion Ireland Limited,
2. This Statement makes up the entire agreement between the parties r
egarding N3xt g3nov8ion,
and supersedes any prior agreements.
3. If any portion of this Statement is found to be unenforceable, the
remaining portion will remain
in full force and effect.
4. If we fail to enforce any of this Statement, it will not be considered a
5. Any amendment to or waiver of this Statement must be made in writing
and signed by us.
6. You will not transfer any of your rights or obligations under t
his Statement to anyone else
without our consent.
7. All of our rights and obligations under this Statement are fre
ely assignable by us in connection
with a merger, acquisition, or sale of assets, or by operation of law
8. Nothing in this Statement shall prevent us from complying with the
9. This Statement does not confer any third party beneficiary rig
10. We reserve all rights not expressly granted to you.
11. You will comply with all applicable laws when using or accessi
ng N3xt g3nov8ion.
By using or accessing N3xt g3nov8ion Services, you agree that
we can collect and use such content and
information in accordance with the
as amended from time to time. You may also want to
review the following documents, which provide additional info
rmation about your use of N3xt g3nov8ion:
: These additional terms apply to all payments made on or through N3
unless it is stated that other terms apply.
: This page helps you better understand what happens when you add
application or use N3xt g3nov8ion Connect, including how they may access an
d use your data.
N3xt g3nov8ion Platform Policies
: These guidelines outline the policies that apply to applications,
including Connect sites.
: These guidelines outline the policies that apply to advertisements p
laced on N3xt
Self-Serve Ad Terms
: These terms apply when you use the Self-Serve Ad Interfaces to create
or deliver any advertising or other commercial or sponsored a
ctivity or content.
: These guidelines outline the policies that apply if you offer contests,
sweepstakes, and other types of promotions on N3xt g3nov8ion.
N3xt g3nov8ion Brand Resources
: These guidelines outline the policies that apply to use of N3xt
g3nov8ion trademarks, logos and screenshots.
How to Report Claims of Intellectual Property Infringement
: These guidelines apply to your use of N3xt g3nov8ion Pages.
: These guidelines outline our expectations regarding the content you
post to N3xt
g3nov8ion and your activity on N3xt g3nov8ion.
To access the Statement of Rights and Responsibilities in several differe
nt languages, change the language
setting for your N3xt g3nov8ion session by clicking on the language
link in the left corner of most pages. If the
Statement is not available in the language you select, we will default
to the English version.
The greatest danger for most of us is not that our aim is too high and we miss it, but it is too low and we reach it !