Last revised on 7/10/2017
Welcome to nxto.io (“us,” “we,” or “nxto.io”).
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that: • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and • you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
3. Safety; Your Interactions with Other Users.
Though nxto.io strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT NXTO.IO DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. NXTO.IO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. NXTO.IO RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
4. Rights nxto.io Grants You.
nxto.io grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits as intended by nxto.io and permitted by this Agreement. Therefore, you agree not to: • use the Service or any content contained in the Service for any commercial purposes without our written consent. • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without our prior written consent. • express or imply that any statements you make are endorsed by us. • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. • use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service. • upload viruses or other malicious code or otherwise compromise the security of the Services. • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service. • “frame” or “mirror” any part of the Service without our prior written authorization. • use meta tags or code or other devices containing any reference to nxto.io or the Service (or any trademark, trade name, service mark, logo or slogan of nxto.io) to direct any person to any other website for any purpose. • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so. • use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent. • use, access, or publish the nxto.io application programming interface without our written consent. • probe, scan or test the vulnerability of our Services or any system or network. • encourage or promote any activity that violates this Agreement. The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
5. Rights you Grant nxto.io.
By creating an account, you grant to nxto.io a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other nxto.io users). You agree that all information that you submit is accurate and truthful and you have the right to post the Content on the Service and grant the license to nxto.io above. You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service. When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account. In consideration for nxto.io allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to nxto.io regarding our Services, you agree that nxto.io may use and share such feedback for any purpose without compensating you. You agree that nxto.io may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
6. Community Rules.
By using the Services, you agree that you will not: • use the Service for any purpose that is illegal or prohibited by this Agreement. • spam, solicit money from or defraud any users. • impersonate any person or entity or post any images of another person without his or her permission. • bully, “stalk,” intimidate, harass or defame any person. • post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right. • post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual. • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission. • use another user’s account. • create another account if we have already terminated your account, unless you have our permission. nxto.io reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have misused the Service or behaved in a way that nxto.io regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
7. Other Users’ Content.
Although nxto.io reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and nxto.io cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the Services or via email@example.com.
NXTO.IO PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NXTO.IO DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE. NXTO.IO TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
9. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NXTO.IO, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF NXTO.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NXTO.IO’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO NXTO.IO FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.