Ninja Filmes e Conteúdo, registered in Brazil ("NextDrama", "we", "our"), provides a Platform (as defined below) for writers and publishers to distribute and monetize various literary works ("Work" or "Works"). These TERMS OF USE, together with all documents mentioned herein and all other operating rules, policies and procedures that NextDrama may publish from time to time, govern NextDrama's relationship with users ("user", "you") of the NextDrama platform, including all subdomains and associated websites (collectively, the "website"), NextDrama's mobile application(s), including mobile applications for iPhone and Android ("Apps"), any and all other platforms on which content is accessed, published or distributed, and all associated services, features or content made available through any of the above items ("Services") (collectively, "Platform"). The Terms constitute a legally binding agreement between NextDrama and the user.
By accessing or using the Platform, you confirm that you unconditionally accept these Terms and agree to comply with them fully. Please read these Terms carefully before using the Platform. If you do not agree with these Terms, please do not use the Platform and you are not granted authorization to access, view or otherwise use the Platform for any purpose.
The Platform may contain links or embedded material to third-party content, which NextDrama has not reviewed, including but not limited to other third-party websites and services, for the convenience of visitors, for advertising purposes, or for other similar functions related to NextDrama's business. The fact that NextDrama links to or embeds third-party content does not imply an advertisement or endorsement of any goods, services, products or other provided by such third party.
NextDrama is not responsible for any third-party content linked to or embedded in or from the Platform and expressly disclaims, without limitation, any liability for any third-party content, for the accuracy of any information found on any third-party website, or for the quality of products or services provided or advertised on such third-party website.
NextDrama may add, change or remove any part of these Terms of Use at any time, without prior notice. Any changes to these Terms of Use or to any terms posted on this Website apply as soon as they are published. By continuing to use this Website after publication of any changes, you are indicating your acceptance of those changes. NextDrama may add, change, discontinue, remove or suspend any other Content posted on this Website, including Works described or portrayed on the Website, temporarily or permanently, at any time, without prior notice and without liability.
1. Eligibility
You must be at least 12 years old to use the Platform. By agreeing to these Terms, you represent and warrant that: (a) you are at least 12 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Platform comply with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization or company, you represent and warrant that you have authority to bind that organization to these Terms and agree to be bound by these Terms on behalf of that organization.
2. User License
2.1 Subject to full compliance with the Terms and to the extent we can legally grant such rights, NextDrama grants you a non-exclusive, non-sublicensable and non-transferable license to the Intellectual Property solely for the purposes of accessing the Works, using the Platform, and for other purposes expressly mentioned in this document.
2.2 For the avoidance of doubt, the Terms do not transfer from us to you any of our intellectual property rights, or those of third parties, and all rights, titles and interests in and to such property shall remain with the respective owner.
3. Registration and Accounts
3.1 To use certain features of the Platform, you need to register for a NextDrama account ("Account"). You agree that all information you submit during the Account registration process, or additional information you submit for your Account profile at any later time, shall be accurate and true, and you shall keep such information updated.
3.2 Your Account is unique and personal to you, and you are responsible for maintaining the security and restricting access to your account and password, and you agree to accept responsibility for all purchases and other activities that occur on your Account.
3.3 You have the right to delete your Account and must understand that, after deleting your Account, you will lose the right to access or use all or part of the Platform.
3.4 We reserve the right to disable, suspend or terminate your Account, at any time, for any reason at our discretion, especially when you fail to comply with any provision of these Terms.
3.5 You understand and agree that, to protect the security of your account and prevent it from being stolen or maliciously shared, NextDrama may limit the number of devices simultaneously connected to the same account. The specific device limit will be determined by NextDrama. If you access the same account through multiple devices and exceed this limit, we may adopt identity verification measures according to the situation. If you do not successfully complete this verification, we may refuse to provide additional services to your account.
4. Content Policy
4.1 Our content policy, ("Content Policy"), establishes, among other things, the terms of NextDrama's use of Content that writers and publishers upload to the Platform. You must review and agree to the Content Policy before uploading any Works to the Platform.
4.2 For the avoidance of doubt, all rights not expressly granted to NextDrama in this document shall be reserved to you and NextDrama is not claiming any ownership over your Content.
5. Comments on the Platform
5.1 NextDrama welcomes your interaction on the Platform and you may submit materials to NextDrama that are not Content. By submitting any comments or feedback (collectively, "Comment" or "Comments") through the Platform or otherwise, such as sending an email to NextDrama about the Platform, posting on a message board or reviewing a Work, NextDrama shall be free to use the Comment for any purpose, in all media, in perpetuity, without any obligation or liability to you. If you wish to keep a Comment private or proprietary, please do not transmit any Comment to NextDrama or share any Comment with others.
5.2 Comments must not include or incorporate, in whole or in part, (a) infringe, violate or misappropriate any third party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, publicity right or any other intellectual property or proprietary right; (b) slander, defame, injure or invade the privacy, publicity or other property rights of any other person; or (c) any other NextDrama policies or guidelines to which your User Content is subject; (d) cause NextDrama to violate any law or regulation.
5.3 Comments that are deemed in violation of any of the above items may subject you to termination or suspension of your Account or immediate removal of Comments from the Platform, without prior notice, at our discretion.
6. Restricted User Conduct
6.1 Except and only to the extent that such restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any functionality of the Service, including any security mechanism or access control. If you are prohibited by applicable law from using the Service, you may not use it.
6.2 You may not alter or modify the Platform in any way, nor may you use other technology or means to access the Platform, except means authorized by NextDrama, including but not limited to, not using bots, spiders, or other automated means of accessing the Platform.
7. Payment Terms
7.1 Access to the Platform, or certain features of the Service, may require payment of fees. Before paying any fees, you will have the opportunity to review and accept the fees that will be charged to you. All fees are in US dollars and are non-refundable.
7.2 NextDrama reserves the right to determine the pricing of the Service. NextDrama will make reasonable efforts to keep pricing information published on the website updated. We recommend that you consult our website periodically for current pricing information.
7.3 NextDrama will charge the fee through the payment method specified by you at the time of purchase. You authorize NextDrama to charge through this payment method all amounts relating to orders you place and any level of Service you select, as described in these Terms or published by the Company. If you pay any fees with a credit card, NextDrama may request pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or available credit to cover your purchase. Payment processing services are provided by the third-party service through which the purchase is made (for example, Apple In-App Purchases, Google Play, PayPal).
7.4 All purchases may be subject to taxes and other fees, including but not limited to foreign exchange fees or price differences based on location (for example, exchange rates). We may calculate taxes payable by you based on information you provide us through your Account or at the time of purchase.
7.5 You may load to purchase Coin(s). The Coin(s) must be used only on NextDrama and cannot be exchanged for any currency.
8. Disclaimers
8.1 The Platform is made available "as is", "as available" and "with all faults" for the purposes mentioned herein. Your use of the Platform is entirely at your own risk, and you must use your good judgment and be careful when using the Platform.
8.2 NextDrama does not warrant that your use of the Platform, and all other features or functionality associated with the Platform, or the delivery or display of the Platform, will be available, without interruptions, free from interference, or without errors, or will be free from any viruses, worms, or other security intrusions. You understand and agree that you use the Platform, and use, access, download or otherwise obtain materials or content through the Platform and any associated websites or platforms, at your discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Platform), or for loss of data that results from use of the Platform or downloading or using such materials or content.
8.3 NextDrama does not guarantee the availability, delivery, performance, price or timeliness of any Work or other Intellectual Property that appears on the Platform. This includes, but is not limited to, no warranty that any future Episodes of a Work will be posted by a writer or publisher in a timely manner, that Works will remain available on the Platform, or the price of Works or Services.
8.4 NextDrama assumes no responsibility for the deletion or failure to store any Comments or other information submitted by you to the Platform, and we expressly do not promise to store or maintain any Comments you have submitted to the Platform. You are solely responsible for keeping backup copies of any Comments you upload to the Platform.
8.5 You understand and agree that NextDrama is not responsible for any performance failure due to any cause beyond its control, including but not limited to natural disasters, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, violations, action or requests from any government, suspension of existing service in accordance with state or federal law, rule or regulations.
9. Limitation of Liability
9.1 Notwithstanding any provision to the contrary contained herein, NextDrama shall not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, tortious or punitive damages of any kind, that are in any way related to the Platform or to these Terms, regardless of legal theory (including but not limited to contract, tort, personal injury, property damage, negligence, warranty or strict liability), whether or not NextDrama has been advised of the possibility or probability of such damages, and even if available remedies fail in their essential purposes. If you are dissatisfied with the Platform, or with any of these Terms, or feel that NextDrama has violated these Terms, your sole and exclusive remedy is to discontinue use of the Platform. This limitation of liability is part of the basis of the agreement between us.
9.2 Notwithstanding any provision to the contrary herein, if any part of this limitation of liability is deemed invalid or unenforceable for any reason, NextDrama's liability arising from breach of these Terms and/or your use of the Platform shall not exceed, in the aggregate amount for all claims, five hundred dollars ($500.00 USD).
10. Indemnification
10.1 You are responsible for your use of the Platform, and will defend and indemnify NextDrama and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "NextDrama Entities") from and against any claim, liability, damage, loss and expense, including reasonable attorneys' fees and costs, arising from or in any way related to: (a) your access, use or alleged use of the Platform; (b) your violation of any part of these Terms, any representation, warranty or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party rights, including any intellectual property right or publicity, confidentiality, other property rights or privacy rights; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
10.2 NextDrama reserves the right to assume exclusive defense of claims for which NextDrama is entitled to indemnification and, in that case, you must provide immediate and reasonable cooperation to NextDrama at your own expense.
11. Promotions
In addition to these Terms, a Promotion made available by NextDrama through the Platform, or otherwise, may have specific rules that are different from these Terms. By participating in a Promotion, you agree and will be subject to those additional terms and conditions, which will be provided to you when a Promotion is offered. NextDrama advises you to review all rules before participating in any Promotion. The rules of a specific Promotion will take precedence over these Terms in case of any language conflict with a particular Promotion.
12. Intellectual Property Rights Infringement
12.1 NextDrama respects the intellectual property rights of third parties and wishes to offer a Platform that does not contain material that violates third party intellectual property rights. If you have a good faith belief that your intellectual property rights have been infringed through use of the Platform, you may notify us by email to: NextDramafree@NextDrama.com with the subject "Infringement Notice", containing: An electronic or physical signature of the person authorized to act on behalf of the copyright owner (or other intellectual property interest); A description of the copyrighted work (or other intellectual property interest) that you claim has been infringed; A description specifying the location on the Platform of the material you claim is infringing; Your email address and your postal address and/or telephone number; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner (or other intellectual property), its agent or the law; and A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner (or other intellectual property) or are authorized to act on behalf of the copyright owner (or other intellectual property). If you believe that an intellectual property infringement notice has been improperly submitted against you, you may submit an "Infringement Counter-Notice" to NextDrama, which contains: Your physical or electronic signature; Identification of the material removed or access to which has been disabled; A statement, under penalty of perjury, that you have a good faith belief that the removal or disabling of the material was an error or that the material was incorrectly identified; and Your full name, your email address, your postal address and; A statement that you agree to the jurisdiction of the court (a) in the judicial district where your address is located, if the address is in Brazil, or (b) located in Brazil, if your address is located outside Brazil, and that you will accept service of process from the complainant who submits the notice or its authorized agent.
12.2 Any notice or counter-notice you submit in accordance with the above must be true and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. Therefore, it is advisable to seek legal advice before submitting a notice or counter-notice. Notwithstanding any provision to the contrary described herein, note that, regardless of whether NextDrama disables access or removes any materials in accordance with the above, NextDrama may disclose your identity to any third party who has alleged an infringement of intellectual property rights mentioned herein, or who provides us with a counter-notice, as well as disclose the content of any notice or counter-notice. You acknowledge and agree that any disclosures made by us in accordance with the above will not violate any of your rights, including but not limited to any privacy rights you may have.
13. Applicable Law and Dispute Resolution
13.1 You understand and agree that the Terms shall be governed exclusively by the laws of Brazil applicable to contracts entered into and performed in Brazil and, notwithstanding any conflict of legal principles.
13.2 You and NextDrama agree that any dispute, claim or controversy between you and NextDrama arising in connection with or related in any way to these Terms or to your relationship with NextDrama (whether based on contract, tort, fraud, misrepresentation, or any other legal theory, and regardless of whether claims arise during or after termination of the Terms) shall be determined by binding mandatory arbitration. Any arbitration between you and NextDrama shall be resolved by binding arbitration administered by the Brazil International Arbitration Centre ("SIAC") in accordance with the Administrative Arbitration Rules of the Brazil International Arbitration Centre in effect at the time the arbitration notice is submitted.
14. Notices
All legal notices under the Terms must be made in writing and must be sent by email to NextDrama at: NextDramafree@NextDrama.com. By using the Platform, you agree that any notice NextDrama sends you electronically under the Terms will satisfy any legal communication or notification requirements. You agree to keep all your contact information contained in your Account updated, and we are not responsible in case you fail to keep your Account or contact information updated.
15. Contact Information
The Platform is operated by Ninja Filmes e Conteúdo, Rua Toledo Barbosa, 480 - Belenzinho, São Paulo - SP, 03061-000. You may contact us by sending correspondence to that address or by sending us an email to NextDramafree@NextDrama.com.