Terms of Use

These Terms of Use are between Nxtfour.com, Inc. (“Nxtfour.com”) and any person or party using, visiting, viewing, or accessing (collectively, “Users”) Nxtfour.com or Nxtfour.com content through 1) the Nxtfour.com website (“Website”), 2) the Nxtfour.com mobile application (“Mobile”), or 3) third party applications. The Website, Mobile, and third party applications are collectively referred to as the “Service.” These Terms of Use shall govern any and all use of the Service by Users. By accessing or using the Service, you agree to be bound by these Terms of Use and by any other policy in connection with these Terms of Use, including but not limited to the Nxtfour.com Privacy Policy, all of which are collectively referred to as the “Terms of Use.”

If you are using Nxtfour.com on behalf of a company or group, you are individually bound by the Terms of Use even if your or group company has a separate agreement with Nxtfour.com. If you do not want to register an account or to become a User, do not register with Nxtfour.com, and do not access, view, download, upload, or otherwise use any Nxtfour.com content, webpage, information, or services.

Eligibility

To be eligible to use the Service, you must: (1) form a binding contract with Nxtfour.com in compliance with these Terms of Use and all applicable local, state, federal, and international laws, rules, and regulations; (2) not be currently restricted from the Service, or not otherwise prohibited from having an Nxtfour.com account, (3) not be a competitor of Nxtfour.com, or not be using the Service for reasons that are in competition with Nxtfour.com; (4) only maintain one Nxtfour.com account for yourself at any given time; (5) agree to provide, at your cost, all equipment, software, and internet access necessary to use the Service.

Account Information

When you create your Nxtfour.com account, you must provide accurate and complete information, including, but not limited to, accurate contact information. You are solely responsible for the activity that occurs on your account. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your Nxtfour.com account, or any element thereof, to another person or party; and (5) refrain from charging anyone for access to any portion of Nxtfour.com, or any information therein. You are responsible for anything that happens through your account until you close your account or prove that your account security was compromised through no fault of your own. You must immediately notify Nxtfour.com of any compromise to your account or security.

Privacy

Nxtfour.com cares about the privacy and security of our Users. You understand that by using the Service, you consent to the collection, use, and disclosure of certain indentifying information (“Identifying Information”) and aggregate data, and to have this Identifying Information collected, used, transferred to and processed in the United States. While Nxtfour.com strives to protect the security of your content and account, Nxtfour.com cannot guarantee this security. You acknowledge that you provide your information at your own risk.

User Content

Nxtfour.com allows you to create and post content on the Service, including but not limited to images, video, audio, text, and links. Any content that you post, display, upload, or otherwise make available on the Service, including all intellectual property rights (“Intellectual Property Rights”) in such content, is collectively referred to as “User Content.”

By providing User Content and information to Nxtfour.com, you represent and warrant that you are entitled to submit the User Content and information, and that the User Content and information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. You understand that Nxtfour.com is not responsible for any User Content. You shall be solely responsible for your own User Content and the consequences of submitting and publishing your user Content on the Service.

You retain all of your Intellectual Property Rights in all of the User Content that you post to the Service. The term “Intellectual Property Rights” includes patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, trade secret rights, and all other intellectual property and proprietary rights, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any applicable state, country, territory, or other jurisdiction.

Subject to any applicable account settings that you select, you grant to Nxtfour.com a non-exclusive, irrevocable, fully assignable, transferable, sub-licensable, worldwide, fully paid up, and royalty-free license to use, display, copy, reproduce, reformat, rearrange, distribute, publish, analyze, commercialize, sublicense, assign, and prepare derivative works of your User Content, and any information that you provide in any way, now known or in the future discovered, directly or indirectly, without any further notice, consent, or compensation, for any purpose whatsoever. Nothing in these Terms of Use shall restrict or affect Nxtfour.com’s rights under any separate licenses to User Content.

Nxtfour.com is a public platform, and other Users may search for, see, use, and distribute any User Content that you make available through the Service. User Content that you share may be seen and used by other Users. Nxtfour.com cannot guarantee that other Users will not use the User Content, or will use the User Content in the way that you intend or desire.

Using Nxtfour.com

Nxtfour.com is intended to allow Users to showcase their skills and talents, and to share their passions and interests, in a positive, supportive atmosphere. In using the Service, you must maintain this positive, supportive atmosphere, both to the platform and to other Users. Nxtfour.com reserves the right to, but is not obligated to, remove User Content from the Service for any reason, including a belief that certain User Content that may violate these Terms of Use.

You agree not to post User Content that: creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, or physical or mental illness to yourself or others; may create a risk of any other loss or damage to any person or property; seeks to harm or exploit children; contains any information or content that Nxtfour.com deems to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating, libelous, threatening, profane, or otherwise objectionable; contains any information or content that is illegal; infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights; contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or is fraudulent, false, misleading, or deceptive.

You agree not to engage in any of the following prohibited activities: use, display, mirror or frame the Service, any individual element within the Service, the Nxtfour.com name, trademark, logo, or other proprietary information, or the layout and design of any page, without the express written consent of Nxtfour.com; access, tamper with, or use non-public areas of the Service, any Nxtfour.com computer systems, or the technical delivery systems of any Nxtfour.com providers; attempt to probe, scan, or test the vulnerability of any Nxtfour.com system or network, or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Nxtfour.com, any Nxtfour.com providers, or any other third party (including another user) to protect the Service or Nxtfour.com content; use the Service in any manner not permitted by the Terms of Use or intended by Nxtfour.com, or to encourage or enable any other person or party to do the same.

You agree to comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; to review and comply with the Terms of Use as amended form time to time; and to review and comply with notices sent by Nxtfour.com concerning the Service.

You are solely responsible for your interactions with other Users. Nxtfour.com reserves the right to, but has no obligation to, monitor disputes between you and other Users. Nxtfour.com will have no liability for your interactions with other Users, or for any act or omission of any User. Nxtfour.com reserves the right to restrict, suspend, or close your account if Nxtfour.com determines, in its sole discretion, that doing so is necessary to enforce the Terms of Use or is in the best interest of the Service.

Feedback

Nxtfour.com values feedback from Users, and is always interested in learning about ways to improve Nxtfour.com. You may choose to, or Nxtfour.com may invite you to, submit comments, ideas, or feedback about the Service, including without limitation ways to improve the Service or any Nxtfour.com products or features (collectively, “Feedback”). By submitting any Feedback, you agree that: your disclosure is gratuitous, unsolicited, and without restriction; your disclosure will not place Nxtfour.com under any fiduciary or other obligation; Nxtfour.com is free to use, disclose, and otherwise exploit the Feedback for any purpose in any way without any restriction and without additional compensation to you; Nxtfour.com may have something similar to, or the same as, the Feedback already under consideration or in development; you irrevocably assign to Nxtfour.com all rights to your Feedback; and you are not entitled to any compensation or reimbursement of any kind from Nxtfour.com under any circumstances, absent an express written agreement with Nxtfour.com to the contrary.

Disclosure of User Information

You acknowledge, consent, and agree that Nxtfour.com may access, preserve, and disclose any information you provide if required to do so by law, or in a good faith belief that such access preservation or disclosure is reasonably necessary in the opinion of Nxtfour.com to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders, or other compulsory disclosures; (2) enforce these Terms of Use; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Nxtfour.com, its Users, or the public.

Nxtfour.com Content

The Service itself, all content (other than User Content), other subject matter included on, within, or in connection with the Service, and all Intellectual Property Rights in or related to Nxtfour.com (collectively, “Nxtfour.com Content”) are the property of Nxtfour.com and its licensors. Except as expressly provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the Nxtfour.com Content without the express written permission of Nxtfour.com.

Subject to the terms and conditions of these Terms of Use, Nxtfour.com grants to you a license to use the Service, including accessing and viewing Nxtfour.com Content, for your personal, noncommercial use as expressly permitted by the features of the Service and as intended by Nxtfour.com. Any other use that is contrary to this is strictly prohibited. Nxtfour.com reserve all rights not expressly granted in the Terms of Use, including, without limitation, title, ownership, Intellectual Property Rights, and all other rights and interest in Nxtfour.com Content and all related items.

Nxtfour.com allows you to access Nxtfour.com as it may exist and be available from time to time. Nxtfour.com has no other obligations, except as expressly stated in these Terms of Use. Nxtfour.com may modify, replace, refuse access to, suspend, or discontinue Nxtfour.com, or any portion thereof, or modify benefits, features, or values for all or part of the Services in its sole discretion. All changes shall be effective upon posting to Nxtfour.com or by direct communication to you unless otherwise noted. Nxtfour.com further reserves the right to withhold, remove, and or discard any content, including User Content, available as part of your account, with or without notice. Nxtfour.com has no obligation to store, maintain, or provide to you a copy of any User Content or any content that you or other Users provide or use when using the Service.

Third Party Information

The Service contains links to third party websites that are not owned or controlled by Nxtfour.com. Nxtfour.com has no control over, and assumes no responsibility for, the content, policies, practices, or effects of such websites. Nxtfour.com does not endorse, or assume any responsibility for, any such websites, or any information, materials, products, or services associated with such websites. If you access any third party website, service, or content from the Service, you do so at your own risk, and you agree that Nxtfour.com will have no liability arising from your use of, access to, or viewing of any third party website, service, or content.

You understand that when using the Service, you will be exposed to content from a variety of sources, and that Nxtfour.com is not responsible for the characteristics or qualities of such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Nxtfour.com with respect thereto. You agree that Nxtfour.com is only acting as a passive conduit. To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Nxtfour.com, its directors, employees, advisors, representatives, shareholders, operators, and affiliates for all matters related to your use of the Service.

Mobile Software

Nxtfour.com makes Mobile available to Users to access the Service via a mobile device. To use Mobile, you must have a mobile device that is compatible with the Mobile Service. Nxtfour.com does not warrant that the Mobile Service will be compatible with your mobile device. Nxtfour.com grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Service for your Nxtfour.com account on a mobile device owned by or licensed to you, for your personal use. You may not: (i) modify, disassemble, or reverse engineer Mobile, except to the extent that such prohibition is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Service to any third party or use Mobile to provide time sharing or similar services; (iii) make any copies of Mobile; (iv) remove, circumvent, disable, damage, or otherwise interfere with any security-related features, including any features that prevent or restrict use or copying of any content, or features that enforce limitations on use of Mobile; or (v) delete any proprietary rights notices. You acknowledge that Nxtfour.com may from time to time issue upgraded versions of Mobile, and may automatically and electronically upgrade the version of Mobile that you are using. You consent to such automatic upgrading on your mobile device, and agree that these Terms of Use will apply to all such upgrades. Any third party code that may be incorporated in Mobile is covered by the applicable end user license agreement, if any, authorizing use of such code. The license herein is not a sale of Mobile or any copy thereof, and Nxtfour.com or its licensors or suppliers retain all right, title, and interest in and to Mobile and any copy thereof. You agree to comply with all United States and foreign laws related to use of Mobile and the Service. Standard carrier data charges may apply to your use of the Mobile Service.

Notifications

Nxtfour.com may provide notifications, either as required by law or for marketing or other business purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on the Service, as determined by Nxtfour.com in its sole discretion. Your continued use of the Service after any change to the Terms of Use constitutes your acceptance of the new Terms of Use. If you do not agree to any of these Terms of Use or to any future Terms of Use, do not use, view, or access, or continue to use, view, or access, the Service or any element thereof.

Termination

If you violate either the letter or spirit of these Terms of Use, or otherwise create risk or possible exposure to Nxtfour.com, Nxtfour.com may stop providing all or part of the Service to you. Nxtfour.com will notify you by email, or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all cases following the termination of an account, any provision in these Terms of Use that is of an ongoing nature shall continue.

If your account is terminated or deactivated, or if any User Content from your account is removed, Nxtfour.com may retain your User Content for a commercially reasonable period of time for backup, archival, audit, or legal purposes. Furthermore, Nxtfour.com and other Users may retain and continue to display, reproduce, reformat, rearrange, and distribute any of your User Content that other Users have used, viewed, or distributed.

Indemnity

You agree to indemnify, defend, and hold harmless Nxtfour.com and its officers, directors, employees, agents, advisors, and representatives from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Service or Nxtfour.com Content, (ii) your User Content, or (iii) your breach of any of these Terms of Use.

Disclaimers

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICE, IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Nxtfour.com SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, ANY Nxtfour.com CONTENT, AND ANY USER CONTENT REMAINS WITH YOU. YOU USE THE SERVICE, Nxtfour.com CONTENT, AND USER CONTENT AT YOUR OWN RISK. YOU AGREE THAT NEITHER Nxtfour.com NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR FROM THE SERVICE, OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, ANY Nxtfour.com CONTENT, ANY USER CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Nxtfour.com HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL Nxtfour.com’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS, OR AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, OR FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE, ANY Nxtfour.com CONTENT, OR ANY USER CONTENT, EXCEED ONE HUNDRED DOLLARS ($100.00). THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BENEFIT OF THE BARGAIN BETWEEN Nxtfour.com AND YOU. IN ANY JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE DISCLAIMERS AND LIMITATIONS SHALL APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

The Service is controlled and operated from facilities in the United States. Nxtfour.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so on their own volition and are entirely responsible for compliance with all applicable national, state, local, or other laws, statutes, directives, rules, and regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Nxtfour.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Export Controls

Any software or technology obtained from Nxtfour.com through the Service, including Mobile, originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from Nxtfour.com may be subject to the import and export laws of other countries. It is your responsibility to comply with any applicable foreign export and import laws and regulations.

Entire Agreement

These Terms of use, together with any amendments thereto, and any additional or ancillary agreements that you may enter into with Nxtfour.com in connection with the Service, shall constitute the entire agreement between you and Nxtfour.com concerning the Service. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Nxtfour.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Governing Law

These Terms of use shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Disputes

You agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Nxtfour.com agree otherwise in writing, the arbitration will be conducted in Boston, Massachusetts. Each party will be responsible for paying fees in accordance with AAA rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. In such cases, you and Nxtfour.com each agree to submit to the exclusive personal jurisdiction of a state court located in Suffolk County, Massachusetts or the United States District Court for the District of Massachusetts.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS THE PARTIES AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND Nxtfour.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.