Effective 20 July, 2022
NXConnect is a link sharing platform that enables NX Platform users to connect their audiences with their most recent and relevant content. One of our core values is to pursue deliberate simplicity — so we’ve tried to distill our terms and conditions into their simplest form here.
Welcome to NXConnect!
It’s great to have you here. By using NXConnect, you agree to these Terms & Conditions (“Terms”) and the other policies that we link to here and on the Platform.
These Terms (and the policies we link to) apply to your use of our website nxlvl.app. Apps and any other software or features provided in connection with our services (collectively the “Platform” or “nXlvl”). When we say “we”, “our” or “us” in these Terms, we’re referring to nXlvl and our group companies.
Please read these Terms carefully and reach out if you have any questions. If you don’t agree with them, please don’t use NXConnect.
To create an account and become a NXConnect user, you must be at least 13. If you’re creating an account on behalf of someone else, you must have their permission to do so. You’re responsible for your account and using it in a lawful way.
When you create an account, you agree to comply with these Terms and that you’re (i) over 13, and (ii) legally able to enter these Terms with us. You must provide us with accurate info about yourself — if anything changes, please let us know so we can update your details.
If you’re using NXConnect on behalf of an individual, you agree that you’re authorized by them to act and agree to these Terms on their behalf.
You’re responsible for anything that happens to your account, so keep your login details and password safe and don’t share them with anyone. If you think your account has been compromised, please contact us immediately.
You must not assign or transfer your account to someone else, or use your account (or allow it to be used by anyone) in a way which in our reasonable opinion, causes damage to NXConnect or our reputation, or infringes another’s rights or applicable laws and regulations.
Your content — what is and isn’t allowed
We love the variety of content that our users post on NXConnect! However, we want to ensure that everyone who visits the Platform can do so safely. That’s why we have our Community Standards.
Since laws and regulations differ from country to country, we may ban content that might be legal in some countries, and to take whatever action we think necessary, including removing content or restricting access to it or the Platform.
Your content — what we can do with it
We love your content and want to show it off. When you post content on NXConnect, you give us the right to display, use, and share it.
When you post content on your profile, you grant us a license to (i) use, publicly display, distribute, modify, adapt and create derivative works of such content; and (ii) use your name, image, voice, photograph, likeness and any other personal attributes in the content; on the Platform and in our marketing in all media (such as our social channels and any other advertising). This license is worldwide, royalty-free and perpetual, which means we can use your content anywhere in the world, without paying you fees, for as long as we like. You agree that you have all third party rights necessary to post the content on nXlvl app and to grant us this license.
You’ll retain all of your rights in your content. But keep in mind that your content will be publicly accessible, and may be used and re-shared by others on NXConnect and across the internet.
Please don’t share personal info that you don’t want visible to the world, and never post social security numbers, passport details or similar info that could cause harm in the wrong hands. You may only post personal info relating to others where you have their consent and have kept a record of it.
We don’t have to monitor the accuracy, reliability or legality of your content, but we may choose to do so. We may modify, remove or restrict access to content at any time in line with these Terms or apply a sensitive content warning to content that we deem unsuitable for all audiences.
We own the Platform, but give you a limited right to use it for sharing content and viewing and interacting with other users’ content. We’re not responsible for any content, products or services made available via other users’ profiles.
All rights (including IP Rights) in and to the Platform (excluding your content) (the “NXConnect IP”) are and will remain exclusively owned by nXlvl or our licensors. You won’t acquire any rights in the NXConnect IP and you’re not allowed to use it (including our brand name or logo) for any purpose (such as to imply a partnership with, or endorsement from NXConnect), without our prior written approval.
As a user, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Platform to create, display, use, play, and upload content in accordance with these Terms. If we provide you with any images, icons, themes, fonts, videos, graphics, or other content, you must only use them on your profile and comply with any guidelines we make available to you.
You must not remove, obscure or alter any proprietary notices or trade marks on the Platform, or make unauthorized copies of, reproduce, distribute, license, sell, resell, modify, translate, disassemble, decompile, decrypt, reverse engineer, create any derivative works from, or attempt to derive the source code of, the Platform or any part of it. If you visit NXConnect profiles (a “profile visitor”), we grant you a limited, non-exclusive, non-transferable right to view and interact with the Platform via user profiles.
To the extent allowed by law, we’re not responsible for any opinions, advice, statements, products, services, offers or other content posted by other users on their profiles.
Privacy & data
We care about the privacy of our users and Profile Visitors.
All data (and any IP rights in data) that we or the Platform create or generate based on your use (or profile visitors’, or other users’ use) of the Platform or content (“Data”) will be owned by us. We may provide Data or visualizations of Data to you as part of the service we offer on the Platform (we call this “Data Analytics”). We make no representations or warranties as to the accuracy or completeness of the Data Analytics, but we’ll try to make it as accurate and complete as we can.
Your visitors & customers
You’re responsible for your profile visitors, including customers who purchase goods or services through your NXConnect (collectively “End Users”).
You’re solely responsible for (i) the way in which End Users use and interact with your profile and your content; (ii) complying with all laws in relation to your End Users, and all transactions between you and End Users made through your NXConnect (e.g. via our “Commerce” or “Payment lock” features).
If we share any confidential information about us or the Platform with you, you must keep it secret and secure.
From time to time, we may share info with you that is confidential (e.g. we may reveal new and upcoming features to you if you take part in beta testing with us). You must keep this info secret and secure and use reasonable measures to prevent others from accessing it.
We love hearing your ideas on how we can make NXConnect even better! Sometimes, we may make “beta” functionality available to you and seek your feedback.
Keep in mind that if you share feedback with us, we’re free to use it however we like, without payment to you (or to not use it at all). We may from time to time make certain functionality of the Platform available to you in “beta” (or similar). You acknowledge that we are still evaluating and testing such beta functionality and it may not be as reliable as other parts of the Platform.
The app contains open source software.
The app contains open source software. Certain open source software components are subject to their own applicable license terms, which are available in our Open-Source Content library (accessible under the ‘Legal’ section in the app). To the extent that any such license terms do not permit the relevant open source component to be licensed to you under these Terms, these Terms will not apply to that component, and your rights and obligations in respect of that component will be governed by the applicable license terms.
We are not liable for your use of the Platform and you’re responsible for keeping backups of your own content.
· We are not liable for any damages suffered as a result of downloading, installing, or using the Platform, or copying, distributing, or downloading any content from the Platform. You have sole responsibility for the adequate protection and backup of your data, content, and devices used in connection with the Platform.
· You will indemnify us against any loss arising out of a breach by you of these Terms, or a third party claim made against us in relation to your content.
· Neither of us will be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage), whether for breach of contract, in tort (including negligence) or otherwise, even if we know such damage is possible.
There are a few things we disclaim under these Terms.
Your use of NXConnect and any content contained on the Platform is at your sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied, including (but not limited to), up-time or availability, or any implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
NXConnect, its affiliates and its licensors do not make any express or implied warranties or representations, including that:
· the Platform will function uninterrupted, securely or be available at any time or place;
· any errors or defects will be corrected;
· the Platform is free of viruses or other harmful components;
· the Platform is effective or the results of using the Platform will meet your needs; or
· any content on the Platform (including any user content) is complete, accurate, reliable, suitable or available for any purpose.
These Terms apply to the maximum extent permitted by law and nothing in them is intended to exclude, restrict or modify legal rights that you may have, which cannot be excluded, restricted or modified by contract. If these Terms are governed by the Australian Consumer Law, our liability to you for not complying with a consumer guarantee is limited to re-supply of the services or payment.
Third Party Services
We may include in the Platform, access to specific functionality or services which are provided by third parties (e.g. a payment portal or online store front).
NXConnect integrates with various third party products and services. Unless we say otherwise, we do not endorse (or make any warranties or representations in relation to) any third party product or service and do not offer refunds for any amounts you’ve paid to a third party.
Your use of any third party product or service may be subject to separate terms and conditions, which you’re responsible for reviewing, accepting and complying with. If you don’t accept or comply with those third party terms, we may suspend or cancel your account, or limit your access to such services within our Platform.
NXConnect is constantly evolving and improving. From time to time we may make changes to the Platform or these Terms. If the change will have a significant negative impact on you, we’ll notify you beforehand.
We may need to change these Terms from time-to-time to reflect business updates, changes to the Platform (including if we decide to discontinue any functionality, features or part of the Platform), legal or commercial reasons, or otherwise to protect our legitimate interests.
We can make these changes at any time and it’s your responsibility to check these Terms now and then for any changes. However, if a change will have a material negative effect on you, we’ll use our best efforts to notify you at least 1 month before the change takes effect (e.g. via a notification on the Platform).
Your continued use of the Platform after any changes to the Terms is taken as your acceptance of the revised Terms. If you don’t agree with the changes, we ask you to stop using NXConnect and cancel your account.
A few other things
There’s a few more things we need to say before you can use NXConnect.
Laws may apply to you or us as a result of your specific location. If this is the case, and if those laws are inconsistent with any part of these Terms, those laws will take precedence to the extent of the inconsistency.
If any provision of these Terms is invalid under the law of any country, then it will be severed from these Terms in that country and the remainder of these Terms will continue to apply.
These Terms are governed by the laws of Victoria and the Commonwealth of Australia. Both you and we submit to the exclusive jurisdiction of the courts of those jurisdictions.
Our failure to insist upon or enforce any provision of these Terms will not be considered a waiver of any provision or right. Neither these Terms, nor the Platform, create a relationship of agent / principal between you and us.