Terms of Service

Welcome to NIXTY. Please review these Terms of Service.

1. Acceptance of Terms

In order to be a member of NIXTY, you must read and accept all of the terms of this agreement and the privacy policy. You may not use NIXTY if you do not agree to be bound by these terms of service.

You understand that NIXTY can change the terms of service or the privacy policy by posting changes to this Website. Your ongoing use of NIXTY indicates that you accept any changes to the Terms of Service Agreement. We reserve the right to change or terminate NIXTY for any reason, and without notice, without liability to you, any other user, or any third party.

2. Parental Advisory

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.

3. Description of Service

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.

4. Registration

You understand and agree to the following:

You must use a valid e-mail address and create a username during the registration process.
You are responsible for all uses of your account. You must keep your password confidential. We may refuse, at our sole discretion, to allow you to register a username that is trademarked, inappropriate, or impersonates another individual.
You agree to let NIXTY immediately know of any unauthorized use of your account.
If you are between 13 and 17 years old, then you must have parental consent to use this service. See “Parental Advisory” above. By registering for NIXTY, you are indicating that you have the capacity to understand these Terms of Service. NIXTY will not be held liable for any loss or damage for non-compliance.
You understand and agree that NIXTY does not control, verify or endorse links, courses, CEUs, learning management systems, eportfolios, communities, forums, chat, events, or messages, unless explicitly stated. Any links that take users out of NIXTY are not under the control of NIXTY, so NIXTY is not responsible for any of the content, functions, services, or links of third party sites.
When registering with NIXTY, you must provide, and maintain, accurate, current, and complete information about yourself.
NIXTY reserves the right to refuse the Service to any user.

5. NIXTY Privacy Policy

Please review our privacy policy to better understand how we treat personal information, which is incorporated it its entirety into these Terms by this reference.

6. User Behavior

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:
1. the display of sexually explicit material
2. the display of abusive, harmful, racially or religiously offensive or bigoted, obscene, or libelous material
3. the use of flaming or trolling
4. the display of material that encourages criminal behavior that violates any local, state, national, or international law or regulation.
5. the use of the Service for unauthorized advertising, which includes MLM/pyramid schemes, spam, chain letters, sweepstakes or contests.
6. the transmission of viruses, worms, or Trojan horses to destroy or limit any functionality of the software or hardware of NIXTY and its users.
7. the display of information about another person without their express consent, or the posting of any copyrighted material that you do not have legal authorization to use.
You agree and understand that NIXTY can delete any content that is offensive, illegal, harmful, or in violation of the rights of other users and members.
Any member who demonstrably harasses or abuses another member will be removed from NIXTY.
Other unauthorized or illegal behaviors include, but are not limited to:
1. the display of false information about yourself or anyone else
2. (b) changing, in any manner at all, or reverse engineering any aspect of NIXTY. You may not attempt to derive source code from the NIXTY service.
3. (c) the use of any search/retrieval application (e.g., robot, spider) to index any aspect of NIXTY
4. (d) the posting of information that implicitly or explicitly implies that it is endorsed by NIXTY
You agree to comply with all applicable laws with respect to:
1. Any gathering, disclosure, use, or collection of Personal Data (as that term is defined in the NIXTY Privacy Policy) and
2. Email communications, including without limitation CAN-SPAM, applicable state laws, and applicable laws in non-U.S. jurisdictions.
You agree to comply with all aspects of the NIXTY Privacy Policy. You will not harvest emails from ePortfolios, courses, CEUs, learning management systems, or any place on the NIXTY platform, and you will only use email in accordance with these Terms of Service and Privacy Policy.

7. Content Submitted to NIXTY

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.

8. Copyright Infringement

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:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice to us is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please send these materials to info@nixty.com.

9. Trademarks and Proprietary Rights

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.

10. General Disclaimer

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.

11. Fees and Taxes

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.

12. Educator, Tutor, Academic Institution, and Business Requirements

If you provide and charge for services on NIXTY, then you are required to:

Contract services and utilize NIXTY’s payment system for all services to clients/learners you encounter on NIXTY.
Provide accurate information about your personal credentials, background, expertise, and learning content. You warrant that you own or have licenses, rights, consents and permissions to use and authorize NIXTY to use all copyright, trademarks, and proprietary information in the content you provide.
Be professional in all communication and abstain from communicating or posting any offensive, sexist, sex-related, false, racist, or hateful content.
Be honest in your evaluation/reviews of other educators, academic institutions, and businesses.
Respond to learners, or those seeking your services, in a timely manner.
Abstain from harvesting emails, posting spam, or distributing viruses.
If applicable by your state or location, practice in a manner that is consistent with licenses or other guidelines.
Get legal guardian consent before using the Service if you are under the age of 18.

13. Learner Requirements

If you purchase educational services from educators, tutors, academic institutions, organizations or businesses, then you are required to:

Pay for all services through the NIXTY payment system.
Be professional in all communication and abstain from communicating or posting any offensive, sexist, sex-related, false, racist, or hateful content.
Be honest in your evaluation/reviews of other educators, academic institutions, and businesses.
Respond to educators in a timely manner.
Abstain from harvesting emails, posting spam, or distributing viruses.
Get legal guardian consent before using the Service if you are under the age of 18.
Not disclose any personally identifiable information to an educator (whether operating as an independent contractor/contact or working through an outside business, school, or organization), including your address, social security number, telephone number, password, email address, or other information that could be used to locate you.
Not solicit personal information from any educator (whether operating as an independent contractor/contact or working through an outside business, school, or organization) and report to us in phone and writing if any educator tries to gather personal information from you or attempts to meet you in an offline meeting.
Understand that NIXTY is not liable nor does NIXTY warrant the services provided by educators, academic institutions, and businesses on the NIXTY service. You are responsible for conducting your own research before choosing a service from and educator, academic institution, or business. NIXTY is not involved in the selection process.

14. Premium Services and Payment

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.

15. Deactivation/Termination of Your Account

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.

16. Advertiser Links and Hyperlinks to Third Party Sites

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.

17. Your Warranties

You warrant and represent to NIXTY that you are:

Not a minor and you have the legal right and ability to enter into this agreement and abide by these Terms of Service, or;
If you are between the ages of 13 and 17 that you have parental consent and agreement to use the NIXTY Service;
You hold and will continue to hold all the ownership, license, proprietary, and other rights necessary to enter into, authorize, grant rights, and perform your obligations under this Agreement.

18. Limitations of Liability:

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.

19. Indemnity

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:

third party claims, actions or allegations of infringement based on information, data or content you submitted in connection with the service,
any fraud or manipulation, or other breach of this agreement by you, or
third party claims, actions or allegations brought against NIXTY arising out of your use of the service or software,
any breach/violation of these Terms of Service,
the misuse or criminal, or theft of, your email or password,
the disclosure of your password or email address,
your consent to let someone else use your email address or password.

20. Termination

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.

21. Other Terms

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.

22. International Use

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.

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