Terms and Policies
Terms of Service
IMPORTANT—IF YOU ARE UNDER THE AGE OF 18, YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS READ AND AGREED TO THE AGREEMENT. IF YOU DON'T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON'T HAVE PERMISSION TO USE NUXIGHT.
In other words
Before using NuXight, you need to be at least 18 years old and agree to these terms. If you're under 18, a parent or guardian needs to review and agree to these terms for you.
Will these terms ever change?
Yes, we constantly try to change and improve our Services, so we will update this Agreement as we offer new and improved Services. We may modify this Agreement at any time, but we will do our best to notifying you by posting a notice on the Services or notifying you by email or by some other means. If you disagree with the new terms, you may reject them but will no longer be able to use the Services although we are sorry to see you go. Your use of the Services in any way following notification by NuXight constitutes your acceptance of the latest terms and conditions. We may add, modify or remove any part of the Services, or we may introduce new features, impose limits on certain features or restrict access to parts or all of the Services at any time. We'll provide you notice when we make a material change to the Services that would adversely affect you.
You represent and warrant to NuXight that:
This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
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Use by children
The Children's Online Privacy Protection Act ("COPPA") prohibits online service providers from knowingly collecting personal information from children under 13 years of age without verifiable parental consent or notice as applicable consent .
If you are agreeing to this Agreement on behalf of an organization, such as a school or school district, club, or team, classroom organizer, or any environment consists of at least one instructor and student, you are an Organization. You may not sign up for or use the Services as someone you are not; NuXight may disable or terminate your account if you do so. NuXight only collects personal information through the Services from a child under 13 where that student's Organization has agreed, via the terms described below, to obtain parental consent for that child to use the Services and disclose that personal information to NuXight. Except as expressly set forth below, we do not knowingly collect or solicit personally identifiable information from a child under 13. NuXight's policies and mechanisms for compliance with COPPA meet or exceed the requirements of the European Union's General Data Protection Regulation for the protection of the Personal Data of children.
If we learn we have collected personal information from a student under 13 other than pursuant to the above, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you have knowledge that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at Privacy@NuXight.com
Fees and payment; Responsibility for usage charges
Access to and use of NuXight itself is free, but we may offer more robust features or service that require fees. NuXight reserves the right to charge fees for certain features or service. We will notify you when we intend to charge for a service or feature. You will always have the choice whether to use those features. If you continue to use any service or feature after you have been notified of any applicable fees, that use constitutes your acceptance of the latest application fees.
Note that, the Services will send you e-mail or text messages to your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
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NuXight’s basic service is free right now, and we have no plans to charge users for the basic service. We may in the future charge fees to Organizations that sign contracts to purchase our more robust features. You may also choose to use and pay for more robust products and services that we or our partners offer. We’ll make it clear when fees are NuXight required.
This Agreement applies to all users of our Services, but there are special terms for you depending on what type of user you are and whether you use the service for free, as do the vast majority of our users, or pay for use of NuXight.
If you are an Organization, please read on below to find out what additional terms apply to you.
If you are connected to an Organization, NuXight Verified Administrators of the Organization will be able to see and edit your contact information. Verified Administrators may be able to add, remove, and/or move you from classes or groups within the same Organization.
With respect to all users of NuXight, whether you are a Student, or Organization:
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Registration and security
As a condition to using Services, you are required and agreed to register with NuXight by selecting a password and providing your name, a valid email address and/or phone number. You will provide NuXight with accurate, genuine, and updated registration information. You may not:
NuXight reserves the right to refuse registration of or to cancel a NuXight account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without express prior written consent of NuXight. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. NuXight reserves the right, but with no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Consent to receive periodic messages
Consent to receive emergency messages
As part of the Services you may receive communications through the Services in the event of an emergency, through SMS (text messages), emails, push notifications, or phone call. An emergency meriting a message shall be determined solely by your Organization or any official designated by an Organization. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE EMERGENCY COMMUNICATIONS FROM NUXIGHT WHENEVER IT IS DETERMINED THAT CIRCUMSTANCES MERIT THOSE COMMUNICATIONS. IF YOU ARE ANORGANIZATION YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE AND/OR ADD HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM YOU AND NUXIGHT. If you connect to or use any third-party services in conjunction with NuXight, you acknowledge and consent to receive notifications and messages from those third party services. Because NuXight does not control whether to send or not send an emergency notification, NuXight is never responsible for your receipt of, or failure to receive an emergency message. Often when an emergency is suspected the individuals empowered to determine whether to send an emergency message through NuXight may have incorrect or only partial information. NuXight is not responsible for messages sent erroneously or for the content of any message sent as an emergency message, even when the content of that message contains information that is incomplete, confusing, or erroneous. YOU ALONE CAN DETERMINE WHAT, IF ANY, ACTIONS TO TAKE IN THE EVENT OF AN EMERGENCY OR IN RESPONSE TO AN EMERGENCY MESSAGE YOU RECEIVE THROUGH NUXIGHT. YOU AGREE TO INDEMNIFY AND HOLD NUXIGHT HARMLESS FOR AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR IN ANY WAY RELATED TO YOUR RECEIPT OF EMERGENCY MESSAGES OR YOUR FAILURE TO RECEIVE AN EMERGENCY MESSAGE.
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We are letting you know that in the event of an emergency, determined by those individuals in your Organization and not NuXight, you may receive emergency messages from us in addition to other NuXight users. While NuXight provides Organization with the ability to send emergency messages through NuXight, NuXight is neither responsible for your receipt of or failure to receive a message, nor your actions, failure to act or the actions or inactions of others in response to any emergency message. We do not want you to opt out of these messages as your Organization may wish for you to receive an emergency message. However, we provided instructions on how to easily unsubscribe and stop receiving SMS text messages and emails. To stop receiving phone calls, you need to talk to your school or district.
You agree that you will only use the Services in accordance with NuXight's Community Guidelines.
All materials displayed or performed or available on the Services (including, but not limited to text, audio contents, articles, graphics, data, , photographs, images, illustrations, User Contents (defined below), and so forth (all of the foregoing, the "Content")) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial use and only in accordance with the terms of this Agreement and all laws that apply to you. NuXight is not responsible for your illegal use of the Services. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content, third party submissions or other proprietary rights not owned by you:
You will not link to the Services without NuXight's prior written consent, except in accordance with the terms of this Agreement.
Your restrictions and responsibilities
You warrant, acknowledge and agree that you will not contribute any Content or otherwise use the Services in a manner that:
NuXight reserves the right to cease access of any third-party application or service to our published or unpublished APIs.
Copyright dispute policy
Under American copyright law, the Digital Millennium Copyright Act (the "DMCA"), online service providers such as NuXight have the right, but not the obligation, to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA here.
Under Canadian copyright laws, NuXight is required to forward any notice from a copyright owner to a NuXight user located in Canada if the copyright has notified NuXight in accordance with the requirements under the Canadian Copyright Act.
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See something that belongs to you, but someone else posted it? You can let us know by using our ***Copyright Dispute Policy***.
Third party service providers
NuXight has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Services. NuXightBy using the Services, you expressly relieve and hold harmless NuXight from any and all liability arising from your use of any Third-Party Services.
Your dealings with entities and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. You agree that NuXight will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings and transactions.
If there is a dispute between NuXight users, or between NuXight users and any third party, you understand and agree that NuXight is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release NuXight, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you will and hereby do 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."
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While using NuXight, you may be able to access or use third party services that aren't part of our product. We can't be held responsible for the content of services or any issues that arise.
Warranty and disclaimer
NuXight has no fiduciary duty to you. You acknowledge that NuXight has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release NuXight from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. NuXight makes no representations concerning any content contained in or accessed through the Services, and NuXight will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. NuXight makes no representations, warranties, or conditions regarding suggestions or recommendations of services or products (including Content provided by users) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided AS IS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM NUXIGHT OR ANYONE ELSE. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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We're here to help if there are issues, but there are no warranties relating to our Services or any products you access through NuXight.
You will indemnify, defend and hold NuXight, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
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Please keep in mind that you are solely responsible for your use of NuXight. If you don't follow these Terms of Service and/or cause harm to anyone, it's your responsibility to resolve.
Limitation of liability
TO THE FULLY EXTENT ALLOWED BY APPLICATION LAW, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL NUXIGHT OR THE NUXIGHT PARTIES , BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR MONETARY LOSS, LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NUXIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE NUXIGHT OFFERINGS; OR (iii) ANY INTERACTION WITH ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE NUXIGHT OFFERINGS, INCLUDING OTHER USERS.
IN NO EVENT WILL NUXIGHT OR THE NUXIGHT PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO COMPANY FOR USE OF THE NUXIGHT OFFERINGS IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, NUXIGHT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
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This Agreement will remain in full force and effect while you use the Services unless you terminate your use of the Services or your account at any time by either removing our software module in your device or unsubscribe your account in your profile. Note, if you become a Student through an Organization, you must contact your affiliated Organization for your removal. On the other hand, NuXight may disable or terminate your access to the Services or your account at any time, for any reason (for your violation of any term of this Agreement or without cause), and without warning or notice, which may result in the forfeiture of all information associated with your account. Upon termination of your account, your right to use the Services and any Content will immediately cease; however, NuXight may retain messaging data or other data and information pursuant to this Agreement, as necessary for auditing purposes, and as required by law. Computer deletion is not an instantaneous process. If you are no longer affiliated to any Organization and choose to terminate your account, all data will be rendered unavailable to you immediately and your data will be deleted over time as is true of all computer deletion everywhere. Remember that communications with others in which you participated will remain available to those other users. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
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You can delete your NuXight account online at any time. (Note for auditing purposes and to comply with laws, we may still keep a copy of messages and account details after an account is deleted or disabled). If you would like to stop receiving messages, please contact your affiliated Organization for removal.
This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof, unless a state's laws explicitly require that any legal disputes are governed by the laws of that state. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in small claims court or by arbitration in San Francisco, California or in a location that is reasonably convenient for you, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable unless your claim is for greater than $10,000.00, in which case the payment of any fees shall be decided in accordance with the Arbitration Rules and Procedures of JAMS.
If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the Arbitration Rules and Procedures of JAMS. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the Arbitration Rules and Procedures of JAMS. By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
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We want you to have a great experience on NuXight. If you are dissatisfied with our Services, we will discuss in arbitration to resolve any issues.
The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. NuXight shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond NuXight's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with NuXight's prior written consent. NuXight may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind NuXight in any way whatsoever.
It is the express wish of the parties that this Agreement and all related documents be drawn up in English.