These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the “Nexlit” mobile application (“Mobile Application” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Nexlit Inc. (“Nexlit Inc.”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Nexlit Inc., even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.
You must be at least 13 years of age to use the Mobile Application and Services. By using the Mobile Application and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
We do not own any data, information or material (collectively, “Content”) that you submit in the Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content in the Mobile Application submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Mobile Application and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or Services has been modified or updated.
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Nexlit Inc. with respect to such other services. Nexlit Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Nexlit Inc. to disclose your data as necessary to facilitate the use or enablement of such other service.
We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
During your use of the Mobile Application and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Mobile Application and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links in the Mobile Application may be “affiliate links”. This means if you click on the link and purchase an item, Nexlit Inc. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application. Your linking to any other off-site resources is at your own risk.
Ads must not contain adult content. This includes adult and child nudity, adult porn videos, child porn videos, human trafficking videos and images depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.
Ads that assert or imply the ability to meet someone, connect with them, or view content created by them must not be positioned in a sexual way or with an intent to sexualize the person featured in the ad.
This policy provides additional protections for people who use our technologies beyond what is prohibited in the Community Standards.
Advertisers can’t run ads that contain adult content, and child porn is a major crime, and it violates our platform policies which will be reported to authorities. As a global company we take into account the wide array of people with certain morals from different cultures and countries who see ads on our platform, and their varying cultural sensitivities around adult content. We understand that nudity can be shared for a variety of reasons and make certain exceptions in ads related to art and health.
• Depict nudity where otherwise permitted by the Community Standards or implied nudity, such as removing clothes.
• Depict excessive visible skin, even if not explicitly sexual in nature.
• Contain images focused on individual body parts, even if not explicitly sexual in nature.
• Promote dating services where the focus of the ad is on a partly clothed model
• Show photographs of paintings, sculptures, and other art that depicts nude figures, as long as there’s no explicit focus on nude private body parts or sexual acts.
• Include focus on private body parts in the context of breastfeeding or breast health, as long as there’s no explicit nudity.
• Depict nipples in the context of breast health, as long as the ad creatives are illustrations or medical diagrams and target people 13 years or older.
We restrict the display of nudity or sexual activity because some people in our community may be sensitive to this type of content. Additionally, we default to removing sexual imagery to prevent the sharing of non-consensual or underage content. Restrictions on the display of sexual activity also apply to digitally created content unless it is posted for educational, humorous, or satirical purposes.
Our nudity policies have become more nuanced over time. We understand that nudity can be shared for a variety of reasons, including as a form of protest, to raise awareness about a cause, or for educational or medical reasons.
Where such intent is clear, we make allowances for the content. For example, while we restrict some images of female breasts that include the nipple, we allow other images, including those depicting acts of protest, women actively engaged in breast-feeding and photos of post-mastectomy scarring. For images depicting visible genitalia or the anus in the context of birth and after-birth moments or health-related situations we include a warning label so that people are aware that the content may be sensitive. We also allow photographs of paintings, sculptures, and other art that depicts nude figures.
Post Nexlit does not allowed:
• Imagery of real nude adults if it depicts:
• Visible genitalia except in the context of birth giving and after-birth moments or if there is medical or health context situations (for example, gender confirmation surgery, examination for cancer or disease prevention/assessment).
• Visible anus and/or fully nude close-ups of buttocks unless photoshopped on a public figure.
• Uncovered female nipples except in the context of breastfeeding, birth giving and after-birth moments, medical or health context (for example, post-mastectomy, breast cancer awareness or gender confirmation surgery) or an act of protest.
• Imagery of sexual activity, including:
• Explicit sexual activity and stimulation
• Explicit sexual intercourse or oral sex, defined as mouth or genitals entering or in contact with another person's genitals or anus, where at least one person's genitals are nude.
• Explicit stimulation of genitalia or anus, defined as stimulating genitalia or anus or inserting objects, including sex toys, into genitalia or anus, where the contact with the genitalia or anus is directly visible.
• Implied sexual activity and stimulation, except in cases of medical or health context, advertisements, and recognized fictional images or with indicators of fiction:
• Implied sexual intercourse or oral sex, defined as mouth or genitals entering or in contact with another person's genitals or anus, when the genitalia and/or the activity or contact is not directly visible.
• Implied stimulation of genitalia or anus, defined as stimulating genitalia or anus or inserting objects, including sex toys, into or above genitalia or anus, when the genitalia and/or the activity or contact is not directly visible.
• Other activities, except in cases of medical or health context, advertisements, and recognized fictional images or with indicators of fiction, including but not limited to:
• Presence of by-products of sexual activity.
• Sex toys placed upon or inserted into mouth.
• Stimulation of naked human nipples.
• Squeezing female breasts, defined as a grabbing motion with curved fingers that shows both marks and clear shape change of the breasts. We allow squeezing in breastfeeding contexts.
• Fetish content that involves:
• Acts that are likely to lead to the death of a person or animal.
• Feces, urine, spit, snot, menstruation or vomit.
• Adult sexual activity in digital art, except when posted in an educational or scientific context, or when it meets one of the criteria below and shown only to individuals 13 years and older.
• Extended audio of sexual activity
This content may be sensitive to some:
Imagery of visible adult male and female genitalia, fully nude close-ups of buttocks or anus, or implied/other sexual activity, when shared in medical or health context which can include, for example:
1. Birth-giving and after-birth giving moments, including both natural vaginal delivery and caesarean section
2. Gender confirmation surgery
3. Genitalia self-examination for cancer or disease prevention/assessment
This content is for Everyone:
• Real world art that depicts implied or explicit sexual activity.
• Imagery depicting bestiality in real-world art provided it is shared neutrally or in condemnation and the people or animals depicted are not real.
• Implied adult sexual activity in advertisements, recognized fictional images or with indicators of fiction.
• Adult sexual activity in digital art, where:
• The sexual activity (intercourse or other sexual activities) isn’t explicit and not part of the above specified fetish content.
• The content was posted in a satirical or humorous context.
• Only body shapes or contours are visible.
Creators should only upload videos that they have made or that they're authorized to use. That means they should not upload videos they didn't make or use content in their videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.
In the US, the most widely known copyright exception is fair use. When deciding whether a use is fair, courts look at four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use upon the potential market for or value of the copyrighted work. Some activities that may qualify as fair use include criticism, commentary, and news reporting. Fair use aims to promote freedom of expression.
In some civil law countries, including many in the EU, more limited exceptions are recognized where the reuse must fall within specific categories, instead of having factors that are weighed. The categories set out in Article 17 of the EU Digital Single Market copyright directive are quotation, criticism, review, caricature, parody, and pastiche. These words have their usual meaning in everyday language, but are also enacted into law by each member state and interpreted by both national courts and the Court of Justice of the European Union (CJEU). It is also important to consider the context of the use, and the purpose of such copyright exceptions, one of which is to balance creators’ freedom of expression, and rightsholders' copyright.
In some countries, such as Canada, the UK, and Australia, a hybrid concept of fair dealing exists. Courts weigh factors similar to those in fair use, but reuses must fall within specific categories. These categories include quotation (general quotation, and quotation for the purposes of criticism, review, or news reporting), caricature, parody, and pastiche.
Most countries in the world have signed an international treaty known as the Berne Convention, which allows reuses in specific categories, including for quotation, and news reporting.
While there are some similarities regarding copyright exceptions across the globe, there are still considerable differences between the laws of each country. There’s no one-size-fits-all answer as to whether a reuse falls within copyright exceptions, and the courts decide the applicability of such exceptions on a case-by-case basis.
Nexlit is always trying to help Content creators out in whatever ways we can. We are seeking to solve the very real issue of getting Content creators paid. We have chosen to do that in the form of membership business solutions. Nexlit powers Content creators to take ownership of their creations as well as taking ownership of the relationship with their fans.
This means that despite all that Nexlit would like to do for you, the content creator, there are certain limitations of what we can do on your behalf. Copyright law gives copyright owners complete and utter monopoly power over their creative works. Enforcement of your sole right to copy, display, perform, distribute, or create derivative works lies entirely with you.
If your works are infringed on Nexlit’s platform, we will work to remove it. If a content creator is using Nexlit to fund an online piracy site, we will remove that account. If a Nexlit uses Nexlit to its exact specification, but then chooses to upload your works elsewhere on the web, unfortunately, Nexlit has no ability to control or even go after that site to have your works removed. The right to bring a notice and takedown is exclusively reserved to the copyright owner.
The unfortunate reality is that we do not have legal standing to bring suit against these piracy websites and even if we did, all they would have to do is move their servers outside of the jurisdiction. We do not keep content creators or Nexlit informed as we pursue these options because there is no way of informing only the good actors (meaning we risk tipping our hand to these piracy websites if they know the ways in which we are seeking to go after them).
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses.
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Nexlit Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Nexlit Inc. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of Nexlit Inc. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of Nexlit Inc. or third party trademarks.
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Mobile Application and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
To the fullest extent permitted by applicable law, in no event will Nexlit Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Nexlit Inc. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Nexlit Inc. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Nexlit Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Florida, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Florida, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
We reserve the right to modify this Agreement or its terms related to the Mobile Application and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification in the Mobile Application. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services.
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
This document was last updated on February 28, 2023