Welcome to NIXTY. Please review these Terms of Service.
ePortfolios, CEUs, courses, and learning management systems on NIXTY are not directed to children younger than 13 and are offered only to users 13 years of age or older. If you are between 13 and 17 years of age, please review these Terms of Service with your parents/guardians before using the NIXTY Service. Until you are 18 years old, by using the NIXTY Service you certify that your parents/guardians have consented to your use and agreed to these Terms of Service on your behalf, and you acknowledge and agree that your use of the NIXTY Service is at their discretion. Until you are 18 years old, your parents/guardians may ask us to modify, deny access to, or terminate your account and we may do so at their request or any time, for any reason, without notice or liability. Accordingly, you agree to provide your parents/guardians with your valid password and e-mail address for the NIXTY Service at all times, for verification purposes.
The NIXTY Service provides you access to a number of educational tools that foster learning and networking. The tools enable you to create an eportfolio, display your work, advertise your services, send messages, post discussions, comment, write course and CEU reviews, provide and receive recommendations, take, create, and administer tests, utilize grade books, create lessons comprised of text, MP3s, video, flash; convert educational documents into HTML, create and administer CEUs, create and administer online courses, offer courses, CEUs, and tutoring services for sale via, and purchase services by third parties like educators and institutions in an online marketplace. Any tools or features added to NIXTY shall be subject to the terms of this agreement. NIXTY does not control the content provided by third parties via the Service and does not guarantee the quality or accuracy of content. You may not reproduce, duplicate, copy, sell, or resell any part of the Service.
You understand and agree to the following:
You are fully responsible for your behavior on NIXTY, which includes the way that you utilize any aspect of the NIXTY service.
You are completely and solely responsible for the content you post on NIXTY, which includes, but is not limited to photos, messages, chat, ePortfolios, course posts, podcasts, wiki entries, blogs, events, audio and video clips, and reviews.
Unauthorized or illegal content includes, but is not limited to:
Other unauthorized or illegal behaviors include, but are not limited to:
You agree to comply with all applicable laws with respect to:
NIXTY does not own the Content you place on NIXTY. When you upload, submit, disclose, or distribute user content and/or Third Party Content through the NIXTY service, you automatically grant, and you represent and warrant that you have the right to grant, to NIXTY a perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display and distribute such Third Party Content on the Site to the extent necessary to promote such Third Party Content and support your licensing and distribution of it through the Site. You can remove content that you upload to NIXTY. You also acknowledge that the content may not be treated confidentially. Additionally, you recognize that NIXTY does not pre-screen content; however, NIXTY does have the right to remove Content that it deems objectionable or violates the Terms. You also recognize that you bear all risks associated with the use of any Content.
NIXTY respects copyright and other laws. NIXTY requires all users to comply with copyright and other laws. As a member of NIXTY, you agree that you must not use NIXTY to infringe the intellectual property of others in any way. The unauthorized reproduction, distribution, modification, or posting of copyrighted work is a violation of copyright law. You are responsible for your behavior on NIXTY and for making sure that it does not violate any copyright laws. If you violate copyright laws, then you may be exposed to civil and criminal liability, including possible fines and jail time.
If you believe that your work has been copied or your intellectual property has been violated, please provide us with the following information:
Please send these materials to email@example.com.
NIXTY graphics, logos, designs, page headers, scripts and service names are registered trademarks. Trademarks used by Third Parties in association with the sale or license of their goods or services on NIXTY are the property of the respective owner. Such trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the respective owner.
You agree to protect company proprietary information. You recognize that the Service and software used in connection with the Service is protected by intellectual property and other laws. You acknowledge that disclosing or utilizing NIXTY’s proprietary information in any way inconsistent with these Terms of Service will cause damage and we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorneys fees and expenses) in connection with such prohibited use or disclosure.
NIXTY connects educators, academic institutions, and businesses with learners. We do not hire, vet, provide background checks, or employ educators, schools, and or businesses using NIXTY. We are not responsible for any interactions, services, or problems that educators, academic institutions, organizations, or businesses have with learners/clients. We are not liable for any damage of any kind – including, losses, claims, injuries, or disputes – that might relate to the conduct of educators, schools, or businesses using the NIXTY service.
If you purchase courses, tutoring sessions, or CEUs from educators, academic institutions, organizations, or businesses on NIXTY, then you will be responsible to pay the fee associated with those services and any applicable taxes. We collect a 20% commission for every billable transaction. We may raise or lower this rate at our sole discretion.
If you provide and charge for services on NIXTY, then you are required to:
If you purchase educational services from educators, tutors, academic institutions, organizations or businesses, then you are required to:
NIXTY offers premium accounts for educators, businesses, academic institutions, and organizations. These users can create courses or CEUs and sell those courses to learners/clients. Educators or institutions using learning management systems are governed under the service level agreement provided with that product and are not governed by these terms of service. Premium courses, ePortfolios, and CEUs do not contain advertising or promotional links. NIXTY may temporarily change fees for premium services for promotions and such changes are immediately effective when promotions are posted on the NIXTY service. All fees are in US Dollars.
You are responsible for paying all taxes and fees associated with your premium services. By singing up for a premium account (s), you authorize NIXTY to charge your credit card, PayPal, or debit card for all charges that you accrue on NIXTY. Some NIXTY services are commission based only; meaning, we charge a 20% commission for any fees that you charge learners/clients. Other services have both a commission structure and a recurring monthly charge as well and still others just have a recurring monthly charge. On commissioned services and commissioned/recurring monthly charge services, we will charge 20% whenever clients/learners sign up and pay for your services. For example, if a learner pays you 100 on a particular day, then we will take 20% of that 100 (i.e., 20) on that day. Also, on recurring monthly charge services and commissioned/recurring monthly charge services, we will charge you the current fee for the premium service you choose on the purchase date and then monthly on the anniversary date of when you clicked the “purchase” button.
Additionally, you authorize NIXTY to share your payment information with companies who work with NIXTY such as payment processors and credit agencies with the goal of servicing your account and effecting payment to NIXTY. You agree to pay all under your account in which you or anyone else who uses your account enroll. If your account is past due, then you agree to pay all amounts owed to NIXTY on demand, recognize that NIXTY may use a collection agency to gather payment, and understand that NIXTY may suspend or terminate your account and delete your account from the NIXTY service. If you have a payment dispute with NIXTY, then you agree to submit a disputed charge on your card/account to NIXTY within 60 days, otherwise your dispute will be waived and the charge(s) will be final. If NIXTY decides to provide you with a refund, then it will be at NIXTYs sole discretion.
You can deactivate, or terminate, your account at any time and for any reason. NIXTY can also deactivate, or terminate, your account at any time and for any reason. We also reserve the right to use any means (legal, operational, or technological) available to enforce these Terms of Service. Once deactivation occurs, your rights to the NIXTY platform and Service will cease to exist. If you would like to delete your content, then you can do so by visiting each course, ePortfolio, CEU, or learning management system and by deleting your content prior to deactivating your account. NIXTY will have no obligations to delete your account or refund any fees paid for premium accounts. The following provisions and licenses will survive termination of these Terms of Service: Licenses from You, Licenses to Content, Content and Interaction, User Behavior, Your Warranties, Limitations of Liability, and Indemnity.
ePortfolios, courses, CEUs and learning management systems on the NIXTY platform and Service may contain links to third party Websites. NIXTY is not responsible for and does not control any information, products, or services on these third party websites. You agree to assume sole responsibility for your use of third party sites. You may communicate with, be directed to, and/or obtain services/goods from third parties (known as “Advertisers”) such as advertisers, promotional partners, sponsoring organizations through your ePortfolio, course, CEU or learning management system use. All interaction is solely between you and the third party. NIXTY will not be responsible or liable in any way in connection with these activities or transactions. Users regularly post third party links and hyperlinks. NIXTY does not endorse nor does it incur any obligation, responsibility, or liability on the part of NIXTY, its successors and assigns, or any of their respective officers, directors, employees, agents, representatives, licensors, licensees, Advertisers, suppliers, and operational service providers.
You warrant and represent to NIXTY that you are:
NIXTY and its affiliates, partners, and consultants disclaim any and all responsibility or liability for the content, completeness, accuracy, legality, reliability, or availability of information or materials displayed on NIXTY. You agree that the use of the Service and anything thing that you download from NIXTY is at your sole risk, discretion, and responsibility. You will be wholly responsible for any damage to your computer system that results from your use of the Service or the downloading of information. NIXTY disclaims any and all responsibility and liability for the conduct of any member. NIXTY will not be held liable for any interactions you have with other individuals or organizations through the Service. You agree that NIXTY is not responsible for any damage or loss that occurs as a result of such interactions and that NIXTY has no obligation to become involved in any such disputes; further, you release NIXTY from damages of any kind that arise from such disputes. NIXTY offers all of its service on an “as is” basis, with no warranties whatsoever. NIXTY expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” All features and functions in NIXTY are made available on an “as is” basis. NIXTY does not warrant that any features and functions in the ePortfolio, courses, CEUs, and learning management systems will be uninterrupted, error-free, or that the service or servers that make these features and functions available are free from viruses or other harmful components. If you are unhappy with any aspect of the NIXTY service, or disagree with any aspect of these Terms of Service, then your best decision is to discontinue use of the NIXTY service. You also understand that NIXTY may be limited and some features and functions may not work. Additionally, you agree and fully understand that NIXTY has no responsibility or obligation to transmit, process, store, receive or deliver content. As a consequence, you recognize that NIXTY has no liability or responsibility to transmit, receive, store, or process user Content.
You agree, at your expense, to indemnify, defend and hold NIXTY harmless from and against any loss, cost, damages, liability and/or expense arising out of or relating to:
NIXTY can refuse signing up, registration, or membership to any User at its sole discretion. In addition, NIXTY can terminate the account and delete any related information of any member at any time for any reason. You agree and understand that you can terminate your membership at any time for any reason. If NIXTY terminates your membership, then you can no longer use the NIXTY service or the services of any of its affiliates.
This Terms of Service Agreement is governed in all respects by the laws of the State of Virginia, USA, and any disputes arising hereunder shall be submitted to state and federal courts in Norfolk, VA and you agree to and consent to the exclusive jurisdiction of such courts. If any aspect of this agreement is deemed invalid, then the remaining provisions shall still be enforced. You may not transfer this Agreement and any attempt to the contrary is void. NIXTY is not responsible for any delay or failure in performance resulting directly or indirectly from causes beyond NIXTY’s reasonable control. Any correspondence about this Agreement will be sent to you via the email that you provided during registration.
If you are not a resident of the United States of America, then you agree to follow all applicable laws and local rules regarding the transmission of data from the United States and the country in which you live.
We hope that you enjoy your use of NIXTY. These Terms of Service are necessary and allow us to offer this Service to you – our valued user.
Official correspondence must be sent through postal mail to:
NIXTY Attn: Customer Service 1040 Camino Real South Virginia Beach, VA 23456
You can also send NIXTY an email: info@NIXTY.com
This Terms of Service represents the complete, entire, and exclusive understanding and agreement between you and NIXTY. It supersedes all prior, written or oral, understandings or agreements. You understand and agree that you have read these Terms of Service and amendments can be posted to this Terms of Service. You agree and understand that your continued use of the Service represents your consent to such amended terms.