Terms of use for subscribers
Terms of use for all users
BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
Introduction: The Terms of Use for each and every User governs the usage of Sosocial and your agreement with us.
Interpretation: In the Terms of Service:
- We refer to our website as "Nextpost", including when accessed via the URL www.Nextpost.tv or via any web browser;
- We refer to our apps as "Nextpost", including when accessed via the Apple App Store
- References to "we", "our", "us" are references to the operations led by the Big Fat Co. for Nextpost ;
- "Content" means any material uploaded on Nextpost by a Creator, including any videos, episodes, emojis, GIFs, memes, and any other material whatsoever;
- "Creator" means a User who has set up their Streaming Channel to post Content on Nextpost to be viewed by other Users;
- "Subscriber" means a User who pays/subscribes a Creator and is able to view the Creator's Content;
- “Subscriber Payments" means any and all payments made by a Subscriber to a Creator, including payments for access to a Creator's Content, for interaction with the Creator, to procure new Content from the Creator, to subscribe to the Creator's account;
- "Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of:
- These Terms of Use for all Users,
- Terms of Use for Subscribers,
- Terms of Use for Creators,
- Privacy Policy,
- Content Policy,
- Complaints Policy
- "User" means any user of Nextpost, whether a Creator or a Subscriber / Non-Subscriber or both (also referred to as "you" or “your").
- Contact us: Nextpost is operated by the Big Fat Co. We are an incorporated company registered in the United States of America, with identification number : 38-4193076 and we have our registered office address at 2055 Limestone Road STE 200-C , Wilmington , Delaware.
- For any questions, email our support team at info@sosocial.co If you are unable to contact us by email, please write to us at the following address: 2055 Limestone Road STE 200-C , Wilmington , Delaware, USA.
- How we may change the Terms of Service: We may change any part of the Terms of Service without informing you beforehand in the following circumstances:
- To reflect changes in laws and regulatory requirements which apply to Sosocial and the services, features and programs of Nextpost where such changes require Nextpost to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
- To address an unforeseen and imminent danger related to defending Nextpost and its’ users from fraud, malware, spam, data breaches or other cybersecurity risks.
- We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through via notification when you login Nextpost, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use Nextpost.
- We may make changes to or suspend : We may update and change Nextpost from time to time for any reason, including to reflect updates to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Nextpost, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of Nextpost for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
- Registering with Nextpost:
Our App is open to be downloaded ,Head over to the signup screen where you have to :
- 1) Enter your phone number
- 2) An OTP ( One-Time-Password )will be generated and send to you. Enter the OTP and verify your number.
- 3) In the Sign Up text box - Enter the access code
- 4) Your access code is linked to your mobile number which will later be used to Sign you in.
- 5) Enter your full name and confirm your birthdate.
- 6) Upload your profile picture and Choose a content username.
Things to keep in mind while you register as a User:
- you must be at least 13 years old, and you will be required to confirm this;
- If you do not meet the above requirements, you must not access or use Nextpost.
- Your commitments to us: When you register with and use Nextpost, you make the following commitments to us:
- If you previously had an account with Nextpost, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
- You will make sure that all information which you submit to us is truthful, accurate and complete.
- You will update promptly any of your information you have submitted to us as and when it changes.
- You consent to receiving communications from us electronically, including by emails and messages posted to your Nextpost’s account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
- You will keep your account/login details confidential and secure, including your user details, phone numbers and OTP (One time passwords) any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact info@sosocial.co promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your personal information.
- You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
- You will comply in full with these Terms of Use for all Users, our Content Policy and all other parts of the Terms of Service which apply to your use of Nextpost.
- Rights we have, including to suspend or terminate your account:
- We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Content Policy) and/or any applicable law.
- It is our policy to suspend access to any Content you post on your channel on Nextpost which we become aware may not comply with the Terms of Service (including, in particular, our Content Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at info@sosocial.co . Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
- If we suspend access to or delete any of your Content, we will notify you via email or via notifications on Nextpost, but we are not obligated to give you prior notice of such removal.
- We reserve the right in our sole discretion to terminate your agreement with us and your access to Nextpost for any reason by giving you 30 days’ notice by email or via notifications on Nextpost. We can also suspend access to your User account or terminate your agreement with us and your access to Nextpost immediately and without prior notice:
- if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Content Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
- if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Nextpost.
- If we suspend access to your User account or terminate your agreement with us and your access to Nextpost we will let you know. During any period when access to your User account is suspended, any Subscriber Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out in accordance with the Terms of Use for Creators.
- Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Nextpost for you to be able to access your Content following termination of your account.
- We can investigate any suspected or alleged misuse, abuse, or unlawful use of Nextpost and cooperate with law enforcement agencies in such investigation.
- We can disclose any information or records in our possession or control about your use of Nextpost to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
- We can change the third-party payment providers that we use and if we do so, we will notify you and store applicable details on your Nextpost account.
- Other than Content (which is owned by or licensed to Creators), all rights in and to Nextpost and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
- We are the sole and exclusive owners of any and all anonymised data relating to your use of Nextpost and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.
- What we are not responsible for: We will use reasonable care and skill in providing Nextpost to you, but there are certain things which we are not responsible for, as follows:
- We do not authorise or approve Content on Nextpost, and views expressed by Creators or Subscribers on Nextpost do not necessarily represent our views.
- We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators.
- Your Content may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on Nextpost, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on Nextpost.
- You agree that you have no obligation to follow any suggestions, comments, reviews received from another User of Nextpost and that if you choose to do so, you do so entirely at your own risk.
- We make no promises or guarantees of any kind that Creators will make a particular sum of money (or any money) from their use of Nextpost. However we shall help you decide your subscription amount and know the expected earnings.
- The materials which we make accessible on Nextpost for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
- We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Nextpost.
- While we try to make sure that Nextpost is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Creators.
- We are not responsible for any lost, stolen, or compromised User accounts, phone numbers, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
- You acknowledge that once your Content is posted on Nextpost, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.
- Intellectual property rights – ownership and licenses:
- You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered in the next point below in any territory in which Nextpost is accessible and, in particular, in the United States of America.
- You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of Nextpost. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
- The license which you grant to us in the point above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Nextpost, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of Nextpost, as well as to use your Content for other normal operations of Nextpost. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.
- Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.
- You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on Nextpost. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content to add watermarks, stickers or text to your Content. Linking to and from Nextpost:
- If you are a Creator, when promoting your Creator channel you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Creator account/channel. When promoting your Creator channel, you must not impersonate Nextpost or give the impression that your Creator channel is being promoted by us if this is not the case.
- Links from Nextpost: If Nextpost contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- How do I deactivate my account? If you want to deactivate your Nextpost account then you may do so in the ‘Account Settings ' section under Edit Profile of your Nextpost account and give us a reason for the deactivation. In order to delete your data from Nextpost, first you have to deactivate your account and then email us and ask us for account and information deletion.
- If you are a Subscriber, the deletion of your account will take place within a reasonable time following your request.
- If you are a Creator, then once you initiate the "delete account" process your channel will remain open until the last day of your Subscribers' paid subscription period, following which you will receive your final payment and your account will be deleted.
- If you are both a Subscriber and a Creator then your account will be deleted in two stages (Subscriber first and then Creator).
- Once your account has been deleted you won't be charged any further amounts or have access to your former Nextpost account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Nextpost for you to be able to access your Content following termination of your account.
- Who is responsible for any loss or damage suffered by you?
- Whether you are a consumer: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
- If you are a consumer User: If you are a consumer User, you agree that:
- We and our employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of Sosocial.
- If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
- If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
- We reserve all rights not expressly granted to you.
- No implied licenses or other rights are granted to you in relation to any part of Nextpost, save as expressly set out in the Terms of Service.
- Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in the section entitled Who is responsible for any loss or damage suffered by you? may be enforced by our subsidiary companies, employees, owners, representatives and agents.
- You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
- Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
- The Terms of Service form the entire agreement between us and you regarding your access to and use of Nextpost, and supersede any and all prior oral or written understandings or agreements between us and you.
- Other terms which form part of your agreement with us: These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
- Terms of Use for Subscribers – which contain additional terms which apply if you use Nextpost as a Subscriber;
- Terms of Use for Creators – which contain additional terms which apply if you use Nextpost as a Creator;
- Privacy Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;
- Content Policy which applies to all Users and tells you what you can and can’t do on Nextpost;
- Complaints Policy - which sets out the procedure for making a complaint about any aspect of Nextpost, and how we will deal with that complaint;
General: You agree that:
TERMS OF USE FOR SUBSCRIBERS
BY USING OUR WEBSITE AS A SUBSCRIBER YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
- Introduction: These Terms of Use for Subscribers are additional terms which apply if you use Sosocial as a Subscriber (also referred to as "you" and "your" in these Terms of Use for Subscribers). These Terms of Use for Subscribers form part of your agreement with us.
- Interpretation: In these Terms of Use for Subscribers, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
- “Subscriber Payment" means a Subscriber's monthly subscription to a Creator’s account;
- Other terms which will apply to your use of Nextpost: The following terms will also apply to your use of Nextpost and you agree to them:
- Our Terms of Use for all Users;
- Our Privacy Policy, – which tells you how we use your personal data and other information we collect about you;
- Our Content Policy – which tells you what you can and can't do on Nextpost;
- Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Nextpost, and how we will deal with that complaint; and
- The Transaction Contract – which does not form part of your agreement with us, but applies to each transaction you enter into with any Creator and sets out the terms on which you will engage with Creators’ content.
- Other terms which may apply to your use of Nextpost: The following additional terms may apply to your use of Nextpost:
- If you are also a Creator, the Terms of Use for Creators will apply to your use of Nextpost as a Creator;
- Subscriptions and purchases by a Subscriber: This section describes the terms which apply to transactions and interactions between Subscribers and Creators:
- All transactions and interactions facilitated by Nextpost are contracts between Subscribers and Creators on the terms of the Transaction Contract. Although we facilitate transactions and interactions between Subscribers and Creators by providing the Nextpost platform, storing Content, and acting as a payment intermediary, we are not a party to the Transaction Contract or any other contract which may exist between a Subscribers and Creator, and are not responsible for any transactions or interactions between Subscribers and Creators.
- Creators are solely responsible for determining (within the parameters for pricing on Nextpost) the pricing applicable to transactions and interactions.
- To view a Creator's Content on Nextpost, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator's Channel.
- You authorise us to supply your payment card details to a third-party payment provider for the purpose of processing your Subscription. The amount of the Subscriber Payment made to the creator depends on the country where you are registered from. Your payment card provider may charge you currency conversion fees if applicable. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we are not responsible for paying any charges or fees imposed by your payment card provider or bank.
- If you choose to provide details of two or more payment cards, then if you try to make a Subscription Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Subscription Payment.
- The payment provider will take (i) monthly payments from your payment card for Subscription Payments which are Subscriptions; and
- Apart from free Subscriptions, all Subscriptions to a Creator’s Channel will automatically renew at the end of the monthly subscription period, except if your payment card was declined, the subscription price has increased, or you have turned off the "Auto-Renew" switch located on the relevant Creator's Channel. This means that if you want to stop subscribing to a Creator's profile and paying continuing monthly subscription charges, you will need to turn off the "Auto-Renew" switch located on the relevant Creator's Channel.
- If you cancel a Subscription you will continue to be permitted to view the relevant Creator's Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Creator's Channel, and you will no longer be able to view the relevant Creator's Content.
- You agree that you will not make unjustified requests for a refund from any Creator which you follow, or unjustified chargeback requests of your payment card provider in relation to any transaction between you and a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
- Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Subscription Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.
Terms of use for creators
BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
- Introduction: These Terms of Use for Creators are additional terms which apply if you use Nextpost as a Creator (also referred to as "you" and "your" in these Terms of Use for Creators). These Terms of Use for Creators form part of your agreement with us. How to set up your channel :
- You will need to head over to your profile and press the Create Channel Button or you directly press the Create Channel button present beside the Notification Button on www.sosocial.co.
- You’ll be prompted with two options, i.e to either create a channel or be a valuable creator
- In the Create Channel option you need to set up a prefix for your channel and then set up a suffix ( Channel Type ). After doing the above thing you need to set up your subscription for Tier 1 ( Subscribers between 51-1000 ) which will become active as soon as you cross 50 Subscribers. You can also set up your channel intro to be seen by the non-subscribers.
- If you apply to the Valuable Creator programme, You will be required to reserve your channel name first ( including the prefix and suffix ). You need to link your account with your other social account on which you are a valuable creator. We will need yput to click a camera picture of yourself and upload your government/federal id. You can then submit and your details will be received by us. We take approximately 24 hours to check if you're a valuable creator and award a higher Tier to you, if you are not selected by any chance, the subscription plans will work normally for your channel.
- You need to then add bank account details of your own bank account or the bank account of a corporate entity in which you are a Person with Majority Control.
- You will then be able to start adding Content and Users will be able to subscribe to your account.
- Subscriptions and purchases by Subscribers: This section describes the terms which apply to transactions and interactions between Subscribers and Creators:
- All transactions and interactions facilitated by Nextpost are contracts between Subscribers and Creators on the terms of the Transaction Contract. Although we facilitate transactions and interactions between Subscribers and Creators by providing the Nextpost platform, storing Content, and acting as a payment intermediary, we are not a party to the Transaction Contract or any other contract which may exist between a Subscriber and Creator, and are not responsible for any transactions or interactions between Subscribers and Creators.
- Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Content Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Creator on Nextpost:
- Your Content is not confidential, and you authorise your Subscribers to access and view your Content on Nextpost for their own lawful and personal use, and in accordance with any licenses that you grant to your Subscribers.
- You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Nextpost:
- the Content complies in full with the Terms of Service (and in particular our Content Policy);
- you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Subscribers;
- if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Nextpost; and
- the Content is:
- of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising
- reasonably suitable for any purpose which the Subscriber has made known to you is the purpose for which the Subscriber is using the Content; and
- as described by you.
- This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
- We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Nextpost. We do not have any obligation to monitor any Content and have no direct control over what your Content may compris
- You also agree to act as custodian of records for the Content that you upload to Nextpost.