Last modified: 11/20/2022
These terms and conditions are entered into by and between you and “electronic gaming incubator company”, hereinafter (collectively, “nine66”, "company ", "we", or "us"). These terms and conditions, together with any documents they expressly incorporate by reference (collectively, "terms of use"), govern your access to and use of the web platform browsed and used on your device (the “platform”), including any content, functionality, services or products available to you on or through the platform.
Please read these terms of use carefully before you start to use the platform. By ticking a checkbox to accept or agree to the 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 by our privacy notice, which is incorporated herein by reference. If you do not agree to these terms of use or the privacy notice, you might not access or use the platform.
[note: consent is the lawful basis of processing certain personal data under the privacy notice.
the documents are constructed so that the user accepts the terms of use, which incorporate the privacy notice. In terms of the gdpr, consent is defined as a "freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her" (article (11)). Therefore, clear affirmative action (opt-in: for example, clicking ‘accept’ or ticking a checkbox to accept) will be required; silence, pre-ticked boxes or inactivity will not constitute adequate forms of consent. Please advise how you will incorporate this affirmative action into your design for my consideration.]
We may revise and update these terms of use from time to time in our sole discretion to reflect changes in law or to deal with new features we introduce. We will notify you of the changes when you next start the platform. If you do not accept the changes, you will not be permitted to continue to use the platform.
These terms of use apply to all users of the platform, including community moderators (each a “user”).
We license you to use the platform software, any updates or supplements to it, and the content and materials we provide to you through the platform, as permitted in these terms of use.
We reserve the right to terminate or modify the platform and any services, content or materials we provide on the platform, in our sole discretion and 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 or all of the platform.
To use the platform, you may be asked to provide certain registration details or other information. It is a condition of your use of the platform that all the information you provide on the platform is correct, current, and complete. You agree that all information you provide to register with and use the platform or otherwise, including, but not limited to, through the use of any interactive features on the platform, is also governed by our privacy notice, and you agree to all actions we take with respect to your information consistent with our privacy notice.
If you create, or are provided with, a username (email), password, or any other piece of information as part of the platform’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the platform or portions of it using your username (email), password, or other security information. You will be held responsible for any action taken via your account.
You agree to notify us immediately of any unauthorized access to or use of your username (email) or password or any other breach of security.
We have the right to disable any username (email), password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these terms of use.
The platform contains profiles, postings and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "user contributions") on or through the platform. All user contributions must comply with the content standards set out below in these terms of use.
By posting those public “non-private” user contribution on the platform, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, copy, modify, process, reproduce, adapt, distribute and publish such user contribution as we deem reasonably necessary in connection with our business (such as in order to promote company’s products and services) and to fulfil our contractual relationship with you. User contributions may not have been verified or approved by us and we have no obligation to do so. The views expressed by other users on the platform do not represent our views or values. If you wish to complain about content uploaded by other users, please contact us at info@nine66.gg
You represent and warrant that:
You understand and acknowledge that you are solely responsible for any user contributions you post, and you, not company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any user contributions posted by you.
These content standards apply to any and all user contributions. User contributions must, in their entirety, comply with all applicable laws, rules and regulations. Without limiting the foregoing, user contributions must not:
In addition to the requirements listed above, user contributions must comply with our community guideless which are located at Saudi Arabia.
You agree:
You agree:
The following further restrictions apply:
Many portions of the platform are free to use. However, if you wish to use any of the premium services or wish to purchase any products available on the platform, you agree to pay Epic the prices posted on the platform for those products and services, plus all applicable taxes, and you will make those payments on the dates set out on the platform. Payments must be made in advance. Epic may change the fees from time-to-time.
The platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by company, its licensors, or other suppliers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These terms of use permit you to use the platform for your personal use only. You must not reproduce, distribute, copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the platform.
You must not extract data within the platform outside of the ways that are made directly available to you through the platform. For example, you may not take screenshots of the platform. Sharing of platform information is only permitted through the functionality that is made available on the platform.
If you use the platform in breach of the terms of use, your right to use the platform will stop immediately. No right, title, or interest in or to the platform or any content on the platform is transferred to you, and all rights not expressly granted are reserved by company. Any use of the platform not expressly permitted by these terms of use is prohibited, constitutes a breach of these terms of use and may violate copyright, trademark, and other laws.
The company name, trademarks, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of company or its affiliates or licensors. You must not use such marks without the prior written permission of company.
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 company from any claims resulting from any action taken by company during, or taken as a consequence of, investigations by either company or law enforcement or other government authorities.
If we terminate your access to the platform:
If you believe that any user contributions violate your copyright, please send us a notice of copyright infringement to info@nine66.gg it is the policy of company to terminate the user accounts of repeat infringers.
From time to time we may automatically update the platform to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the platform for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the platform. We also aim to keep the content on the platform up-to-date and accurate, but at times the content may not be complete or current.
We only use any personal data we collect through your use of the platform in the ways set out in our privacy notice.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
By using the platform, you agree to us collecting and using technical information about the devices you use the platform on and related software, hardware and peripherals to improve our products and to provide any services to you.
The platform or any service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
The owner of the platform is incorporated and registered in the Saudi Arabia and has its registered office in Riyadh, Saudi Arabia. We provide this platform for use by persons located worldwide. Access to the platform may not be legal by certain persons or in certain countries and should you access the platform from those countries, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that file available for downloading from platform stores, 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. 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, computer equipment, computer programs, data, or other proprietary material due to your use of the platform or to your downloading of any material posted on it, or on any website linked to it.
Your use of the platform and its content is at your own risk. The platform and its content are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the platform. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the platform or its content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our platform or the server that makes it available are free of viruses or other harmful components, or that the platform will otherwise meet your needs or expectations.
Company does not warrant, endorse, guarantee, or assume responsibility for any product or services provided, advertised or offered by a third party through the platform or any linked website or featured in any advertising, and company will not be a party to or in any
Way be responsible for any transaction, including the monitoring of any transaction, between you and any third party.
To the fullest extent provided by law, company 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.
Nine66 will not be liable to the platform, and its users, licensors, suppliers, employees, agents, officers, or directors, 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 websites linked to it, any content on the platform or such other websites, 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.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or to death or bodily injury caused by products or services you purchase through the platform.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
You agree to defend, indemnify, and hold harmless company, its licensors, and suppliers, and its 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 user contributions, any use of the platform’s content or services other than as expressly authorized in these terms of use, or your use of any information obtained from the platform.
All matters relating to the platform and these terms of use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of england and wales without regard to its principles relating to conflicts of law.
Any legal suit, action, or proceeding arising out of, or related to, these terms of use or the platform shall be instituted exclusively in the courts of england and wales, although we retain the right to bring any suit, action, or proceeding against you for breach of these terms of use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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 occurs; otherwise, such cause of action or claim is permanently barred.