User Agreement | Nixx Media

User Agreement

  1. Introduction

1.1 Contract

When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by clicking “Join Now”, “Sign Up”, or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Nixx Media LLC (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services.

Your use of our Services is also subject to our Privacy Policy.

Services

This Contract applies to Nixx Media LLC, including the offsite collection of data for those Services, such as our ads and the “Join our Nixxology FB Group” and “Share with Nixx Media” plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both.

1.2 Members and Visitors

When you register and join Nixx Media or Nixxology, you become a Member. If you have chosen not to register for our Services, you may access certain parts of our website as a visitor.

1.3 Change

We may modify this Contract, and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may delete your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

  1. Obligations

2.1 Service Eligibility

Here are some promises you make to us in this Contract:

You’re eligible to enter into this Contract and you are at least our “Minimum Age.”

The Services are not for use by anyone under the age of 18.

To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one membership account, which must be in your real name; (3) you are not already restricted by Nixx Media from using the Services; and (4) you will not share your username or password with anyone else to give them access to restricted content or use your account falsely.

 

2.2 Your Account

You’ll keep your password a secret.

You will not share an account with anyone else and will follow our rules and the law.

Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., videos) and (4) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

2.3 Payment

You’ll honor your payment obligations and you are okay with us storing your payment information (we currently do not store payment information unless requested). You understand that there may be fees and taxes that are added to our prices.

We don’t guarantee refunds.

If you buy any of our paid Services or Products  (“Personal Services or Training Videos”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • All of your purchases of Services are subject to Nixx Media’s refund policy.
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

You can get a copy of your invoice my sending a request via email to nicole@nixx-media.com.

2.4 Notices and Service Messages

You’re okay with us providing notices to you through our websites, social media, and contact information your provided to us. If the contact information you provide is out of date, you may miss out on important notices.

You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email). You agree to keep your contact information up to date.

 

  1. Services

 

3.1 Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

We may change or discontinue any of our Services.

LinkedIn is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provided.

3.2 Other Content, Sites and Apps

Your use of others’ content and information posted on our Services, is at your own risk.

Others may offer their own products and services through Nixxology, and we aren’t responsible for those third-party activities.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Nixx Media generally does review content provided by our Members or others in our Nixxology group. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse.

3.3 Limits

We have the right to limit how you connect and interact on our Services, specifically on Nixxology.

LinkedIn reserves the right to limit your use of the Services, including your ability to contact other Members. Nixx Media reserves the right to restrict, suspend, or terminate your account if Nixx Media believes that you may be in breach of this Contract or law or are misusing the Services (e.g. violating any Do and Don’ts).

  1. Termination

We can each end this Contract anytime we want.

Both you and Nixx Media may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members and/or Visitors’ rights to access some information on our website but not restricted information
  • Sections 4 and 5 of this Contract;
  • Any amounts owed by either party prior to termination remain owed after termination.
  1. General Terms

Here are some important details about how to read the Contract.

If a court with authority over this Contract finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Contract, that does not mean that Nixx Media LLC has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Nixx Media LLC may assign this Contract to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Contract.

We reserve the right to change the terms of this Contract and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the Services.

  1. Nixx Media LLC “Dos” and “Don’ts”

6.1. Dos

You agree that you will:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  2. Provide accurate information to us and keep it updated;
  3. Use your real name on your profile;
  4. Use the Services in a professional manner.

6.2. Don’ts

You agree that you will not:

  1. Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory;
  2. Post inaccurate, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
  3. Use an image that is not your likeness or a head-shot photo for your profile;
  4. Misrepresent your identity (e.g. by using a pseudonym), your current or previous positions, qualifications or affiliations with a person or entity;
  5. Create a Member profile for anyone other than yourself (a real person);
  6. Use or attempt to use another’s account;
  7. Harass, abuse or harm another person;
  8. Send or post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation unauthorized by LinkedIn;
  9. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services;
  10. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Nixx Media LLC;
  11. Solicit email addresses or other personal information from Members you don’t know, without authorization.
  12. Use, disclose or distribute any data obtained in violation of this policy;
  13. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  14. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
  15. Violate the intellectual property or other rights of Nixx Media LLC, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Nixx Media” or our logos in any business name, email, or URL
  16. Post anything that contains software viruses, worms, or any other harmful code;
  17. Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services.
  18. Create profiles or provide content that promotes escort services or prostitution.
  19. Create or operate a pyramid scheme, fraud or other similar practice;
  20. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  21. Imply or state that you are affiliated with or endorsed by LinkedIn without our express consent (e.g., representing yourself as an accredited LinkedIn trainer);
  22. Rent, lease, loan, trade, sell/re-sell access to the Services or related data;
  23. Sell, sponsor, or otherwise monetize any Service without Nixx Media’s consent;
  24. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Nixx Media’s consent;
  25. Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
  26. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  27. Monitor the Services’ availability, performance or functionality for any competitive purpose;
  28. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  29. Overlaying or otherwise modifying the Services or their appearance;
  30. Use a Service for tasks that it is not intended for;
  31. Override any security feature of the Services;
  32. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
  1. How To Contact Us

If you want to send us notices or service of process, please contact us by email: nicole@nixx-media.com.

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