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NX Flux Terms of Use

Last Updated: February 1st 2018

The following terms of use (the "Terms of Use") govern your access to and use of (1) the NX Flux website located at http://www.nxflux.com (the “Website”), (2) the NX Flux online Website Platform connects companies to (each, an “Influencer”) and vice versa to help promote products in overseas markets via social influencer marketing (as defined below), and (3) all other services provided by NX Flux, as described on the Website (collectively, the "Website Platform”). These Terms of Use form an agreement between NX Flux. ("NX Flux", “us”, “we”, “our”) and you. The term "you" refers to the person or entity visiting the Website Platform, browsing or otherwise using the Website Platform, or communicating with individuals or businesses registered with NX Flux (each, a “Company”) for the purpose of creating promotional content for your products or services (each, a “Campaign”). By accessing and using (the term “use” when used herein in respect of the Website Platform shall mean access or use, and using shall have a corresponding meaning) the Website Platform, you accept and agree to be bound by and comply with these Terms of Use. If you do not accept and agree to be bound by these Terms of Use, please do not access or use the Website Platform. If you are accessing or using the Website Platform on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Use.

Changes to these Terms of Use and Website Platform

Except where prohibited by applicable law, NX Flux reserves the right to change these Terms of Use at any time without notice. NX Flux will however notify any changes in Terms of Use via Email. Your continued access to or use of the Website Platform after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.

NX Flux reserves the right to change any information, material or content (including, but not limited to, price, features, availability of Companies, Company Profiles, types of Campaigns, and reviews of Campaigns and Companies) contained on or provided through the Website Platform (the "Content") at any time, and from time to time, without notice.

Use of the Website Platform

As a condition of your use of the Website Platform, you warrant that: (a) you have reached the age of majority in your jurisdiction of residence; (b) you possess the legal authority to create a binding legal obligation; (c) you shall use the Website Platform in accordance with these Terms of Use; and (d) all information supplied by you on the Website Platform is true, accurate, current and complete.

NX Flux retains the right, at its sole discretion, to deny access to anyone to the Website Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You shall cease and desist from any such access or use immediately upon request by NX Flux.

License Grants

Subject to these Terms of Use, NX Flux grants you a personal, revocable, non-exclusive and non-transferable license during the Term to permit you to access and use the Website Platform in accordance with these Terms of Use.
Subject to these Terms of Use, you grant to NX Flux a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that (1) you load, transmit to or enter into the Website Platform, or (2) we collect from your local computer system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof solely for the purpose of: (A) providing the Website Platform Services, (B) complying with applicable law, and (C) NX Flux’s reasonable audit and data retention policies.

User Profile

You will be required to successfully sign up for a Profile (the “Profile”) using the available interfaces at the Website Platform and be issued with a username and password login credentials by NX Flux (“User ID”) in order to use the Website Platform. If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of NX Flux, including account names. NX Flux reserves the right to disable any Profile issued to you at any time in NX Flux’s sole discretion. If NX Flux disables access to a Profile issued to you, you may be prevented from accessing NX Flux, your account details or any Campaigns that are associated with your account.

Term and Termination

These Terms of Use shall commence on the day you first use the Website Platform and will continue into force until terminated by either party (the “Term”). Either party may terminate these Terms of Use as follows: (1) NX Flux may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at NX Flux’s discretion, by email (at your current email address on file with NX Flux) or through the Website Platform; (2) you may terminate these Terms of Use at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Website Platform) that your Profile be deleted, ceasing use of the Website Platform and uninstalling and removing all local software components thereof. Influencers who fail to post and complete the Campaign they agreed to do upon receiving products will be deleted and banned.

Campaign Agreements with Companies

The Website Platform permits you to view the Company Profiles of Companies who have registered on our Website Platform and have chosen to allow you to view their Company Profiles. If a Company selects you for a Campaign through the Website Platform, you may separately enter into an agreement with that Company on such terms and conditions as may be agreed to between you and that Company (“Campaign Agreement”). For example, the Campaign Agreement may contain (a) a description of the services you will provide to the Company. You understand that you are performing services for the Company, and not NX Flux, and that NX Flux is not a party to and will be in no way responsible for the performance of either you or the Company under any Campaign Agreement. NX Flux does not make any representations or warranties of any kind in respect of a Company or a Campaign Agreement. You also agree to act in good faith when negotiating and performing your obligations under each Campaign Agreement. NX Flux does not provide any guarantees or insurance on the shipment of merchandise to influencers from Companies. Companies ship merchandise at their own risk. Shipping- products sent by Companies to Influencer. Must be sent by recorded delivery signed for (any trackable service).
If not, and the Influencer does not receive the product, NX Flux are not liable for this and no refund will be issued.

Refund Policy and Cancellation

If a Company pays for NX Flux service, however we cannot fulfil or complete the service satisfactory, a refund can be issued within 7 days of notification (excluding weekends) If our Website is not operating due to NX Flux’s circumstance such as website damaged, server is down etc and NX Flux cannot complete the service, a refund will be issued within 7 days of notification (excluding weekends)
However, if our website is not accessible on the Companies side, or Geographical Location due to external factors non related to NX Flux, this is not refundable.
Having NX Flux confirmed a collaboration, between Company and Influencer but the Influencer fails to promote the product, a refund will be issued for the cost of the service.
The refund will also include the ‘cost price’ (products buying price and NOT RRP) of the product and shipping fee to send.
To consolidate for the inconvenience caused, NX Flux will offer a 50% discount for the Companies next Campaign on our Website.
If Company decides to cancel their order for our Service a refund can be issued only if notification is presented within 24 hours from the time of purchase. This is due to work commencing immediately from payment being received. Refund is within 7 days of notification (excluding weekends).
If the service is completed, but the Company is not satisfied with the Influencers content created to promote the product, no refund can be issued.

In a scenario whereby Influencer receives an item they deem not suitable to promote to their audience and refuse to promote it. Due to reasons such as quality, photo images differ from real life item, size etc. NX Flux will best negotiate with Company to find the best solution to resolve it. If no resolution is agreed a refund of the Service fee will be issued 7 days of notification (excluding weekends).

Ownership

All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Website Platform, are owned or licensed or Permission granted to use by NX Flux and are protected by copyright, trade-mark and other intellectual property laws.

NX Flux expressly reserves all rights in the Website Platform and all materials provided by NX Flux in connection with these Terms of Use that are not specifically granted to you. You acknowledge that all right, title and interest in the Website Platform, all materials provided by NX Flux in connection with these Terms of Use (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with NX Flux (or third party suppliers, if applicable), and that the Website Platform and all materials provided by NX Flux hereunder are licensed and not “sold” to you. All logos, trademarks, designs, products, images, videos provided to NX Flux can be used and re-distributed to promote and market on NX Flux Website and external social media platforms. This is only for Marketing purposes.

Third Party Websites

The Website Platform may provide links to third party websites. NX Flux does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under NX Flux's control, and if you choose to access any such web site, you do so entirely at your own risk.

Viruses

The downloading and viewing of Content is done at your own risk. NX Flux cannot and does not guarantee or warrant that the Website Platform or the Content are compatible with your computer system or that the Website Platform or the Content, or any links from the Website Platform or the Content, shall be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website Platform.

DISCLAIMER AND LIMITATION OF LIABILITY

THE WEBSITE PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE WEBSITE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. NX Flux DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE WEBSITE PLATFORM OR THE CONTENT. THE WEBSITE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. NX Flux DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE WEBSITE PLATFORM OR THE CONTENT. IN ADDITION, NX Flux EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE WEBSITE PLATFORM.

BUSINESS AND CAMPAIGN REVIEWS DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND NX Flux DOES NOT GUARANTEE THE ACCURACY OF THE REVIEWS. NX Flux MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC BUSINESSES, CAMPAIGNS OR TYPES OF CAMPAIGNS.

TO THE FULLEST EXTENT PERMITTED BY LAW, NX Flux DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE WEBSITE PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL NX Flux BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT NX Flux IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE PLATFORM OR THE CONTENT OR ANY CAMPAIGN AGREEMENT.

BUSINESSES ENGAGING YOUR SERVICES THROUGH THE WEBSITE PLATFORM ARE INDEPENDENT ORGANIZATIONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF NX Flux. NX Flux IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY BUSINESSES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER RELATED TO ANY CAMPAIGNS OR CAMPAIGN AGREEMENTS. TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF NX Flux IN CONNECTION WITH OR UNDER THESE TERMS OF USE, INCLUDING FROM A CAMPAIGN AGREEMENT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WEBSITE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO A CAMPAIGN AGREEMENT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WEBSITE PLATFORM OR THE CONTENT EXCEED TEN CANADIAN DOLLARS ($10) OR THE EQUIVALENT IN LOCAL CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

Indemnification

You shall defend, indemnify and hold harmless NX Flux and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of: (a) your breach of any of your warranties, representations or obligations under these Terms of Use or any documents referenced herein; (b) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); (c) your use of the Website Platform; (d) breach of or failure to perform under any Campaign Agreement by you or by any third party acting on your behalf or with your permission; or (d) the use of any media content created by you, Companies or third parties in connection with a Campaign by you, Companies or by any third party acting on your behalf or with your permission.

Geographic Application of the Website Platform

Not all of the Influencers, Campaigns and services described on the Website Platform are available in all jurisdictions. Furthermore, nothing on the Website Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.

Governing Law and Jurisdiction

These Terms of Use shall be governed by the laws of South Korea. These laws apply to your access to or use of the Website Platform or the Content, notwithstanding your domicile, residency or physical location. The Website Platform and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in South Korea in all disputes arising out of or relating to the use of the Website Platform or the Content.

Entire Agreement, Waiver and Severability

These Terms of Use constitute the entire agreement between NX Flux and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and NX Flux with respect to the Website Platform. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

NX Flux's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provisions or right.

If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.

If any of the provisions contained in these Terms of Use conflict with the terms of another agreement between the parties (such as the terms of a Campaign Agreement in respect of a Campaign), then these Terms of Use shall prevail; provided that, if you are also a Company registered on the Website Platform, the terms of use applicable to Companies will govern your relationship with NX Flux in that respect.

NX Flux Privacy Policy for Members, Visitors, and Readers

This Privacy Policy covers all interaction with NX Flux. ("NX Flux") including the nxflux.com website.

We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content of our Web pages and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you've requested, when we have your permission, or under the following circumstances.

It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.
br> We transfer information about you if NX Flux is acquired by or merged with another company. In this event, NX Flux will notify you before information about you is transferred and becomes subject to a different privacy policy.

Information Gathering and Usage

When you sign up for NX Flux we ask for information such as your name, company name, email address, billing address, business registration number, VAT number, credit card information.

NX Flux uses collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.

Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a website's computers and stored on your computer's hard drive.
Cookies are required to use the NX Flux service.
We use cookies to record current session information, but do not use permanent cookies. You may be required to log-in to your NX Flux account after a certain period of time has elapsed to protect you against others accidentally accessing your account contents.

Advertising

NX Flux visitors, members may see third party advertising including but not limited to banner ads and text link ads on the Service, Demo Video, and in email communications.
Email list members can opt out of receiving third party offers in their email subscription settings.
Advertising may come direct from a third party or use an intermediary known as an ad network.
NX Flux uses the Google AdSense ad network to deliver certain ads. You can learn more about How Google uses browsing data.

Affiliate Marketing

NX Flux may promote certain services or products for which it receives financial consideration known as an "affiliate fee" based on user actions including but not limited to views, clicks, conversions and purchases.
Affiliate placements may take the form of banner ads, product image links, and contextual text links.

Data Storage

NX Flux uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run NX Flux. Although NX Flux owns the code, databases, and all rights to the NX Flux application, you retain all rights to your data.

Disclosure

NX Flux may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of Service.

Changes

NX Flux may periodically update this policy. We may notify our members about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your NX Flux account or by placing a prominent notice on our site. Members will not necessarily receive notifications for all updates or changes.

Questions

Any questions should be addressed to contact@nxflux.com