Terms and Conditions

    • Terms and Conditions
    • 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 N3xt g3nov8ion Principles , 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 “N3xt g3nov8ion 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 Services , 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 nflict. 1. Privacy Your privacy is very important to us. We designed our Data Policy 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 Data Policy , and to use it to help you make informed decisions. 2. 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 through your privacy and application settings . 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 privacy and application settings : you 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 s). 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 Data Policy and Platform Page .) 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). 3. Safety 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 g3nov8ion. 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 g3nov8ion. 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, malicious, or discriminatory. 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. 4. 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). 5. 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, visit our How to Report Claims of Intellectual Property Infringement page. 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 when appropriate. 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 written permission. 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 privacy policy explaining what 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 g3nov8ion. 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 bout tagging. 6. M 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. 7. Payments If you make a payment on N3xt g3nov8ion, you agree to our Payments Terms unless it is stated that other terms apply. 8. 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 . 9. 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 ng: 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 your consent. 3. You understand that we may not always identify paid services and comm unications as such. 10. 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 vity or content placed on N3xt g3nov8ion or our publisher network will co mply with our Advertising Policies . 11. 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 to our Pages Terms . 12. 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. 13. Amendments 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. 14. Termination 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. 15. Disputes 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 IES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFR INGEMENT. WE DO NOT GUARANTEE THAT N3XT G3NOV8ION WILL ALWAYS BE SAFE, SECURE OR ERROR- FREE OR THAT N3XT G3NOV8ION WILL ALWAYS FUNCTION WITHOUT DIS RUPTIONS, DELAYS OR IMPERFECTIONS. N3XT G3NOV8ION IS NOT RESPONSIBLE FOR THE ACTION S, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, K NOWN AND 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 OU WAIVE 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, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR N3XT G3NOV8ION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR N3XT 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 CONSEQUENTIAL 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. 16. Special Provisions Applicable to Users Outside the United State s 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 States: 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. 17. Definitions 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 SRR. 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 Services. 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 through Platform. 6. By "post" we mean post on N3xt g3nov8ion or otherwise make availab le by using N3xt g3nov8ion. 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 here . 18. Other 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, as appropriate. 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 waiver. 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 or otherwise. 8. Nothing in this Statement shall prevent us from complying with the law. 9. This Statement does not confer any third party beneficiary rig hts. 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 Data Policy 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:  Payment Terms : These additional terms apply to all payments made on or through N3 xt g3nov8ion, unless it is stated that other terms apply.  Platform Page : This page helps you better understand what happens when you add a third-party 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.  Advertising Policies : These guidelines outline the policies that apply to advertisements p laced on N3xt g3nov8ion.  Self-Serve Ad Terms : These terms apply when you use the Self-Serve Ad Interfaces to create , submit, or deliver any advertising or other commercial or sponsored a ctivity or content.  Promotions Guidelines : 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  Pages Terms : These guidelines apply to your use of N3xt g3nov8ion Pages.  Community Standards : 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 !

— n3xt G3nov8ion