Welcome to NUTSon.
User Agreement (is a Public Offer) dated March 13, 2025
1. General Terms and Conditions
Our platform is a set of APIs, SDKs, tools, plugins, software code, technologies, content and
services (hereinafter the “Platform”). The Platform is supported by NUTSON INC with its
registration number 3140473 and registered address at 251 Little Falls Drive, Wilmington, DE
19808, USA
(hereinafter “Nutson” or “we”).
1.1. Under this User Agreement, we shall provide you with access to the Platform, and
you shall use it in strict compliance with the terms and conditions of the User Agreement described
below.
1.2. You are reading the User Agreement (hereinafter the “Agreement”) that shall
govern the relations between you and us and set out the terms and conditions upon which you may
access and use the Platform, our websites, services, applications, products and content (hereinafter
jointly the “Services”). For the purposes of this Agreement, the words “you”, “your” and the “User”
shall mean you as a user of the services.
If you access or use the services on behalf of an enterprise or an entity, (a) “you” and “your” shall
mean a legal entity or an entity, (b) you warrant that you are an authorized representative of the
enterprise or a person authorized by that legal entity to accept this Agreement and to consent to
these terms and conditions on its behalf, and (c) your business or entity is legally and financially
liable for accessing or using our services and for accessing or using your account by any other
persons related to your entity, including employees, agents or contractors.
1.3. This Agreement is an integral part of this Agreement, as well as the Privacy Policy,
and shall be legally binding contracts between you and us. Please take a moment to read them
carefully.
After filling in the required fields and reading this Agreement, you should accept this Agreement
by clicking the “Sign Up” or a similar button which shall be the acceptance of our offer and the
entry into the contract that shall entail your obligation to comply with the terms of the Agreement.
Actual use of the Platform without signing up an account, in the form and to the extent available
without signing up, shall be an acceptance of this Agreement as well.
By accessing the Platform and using the Services, you acknowledge that you have read and agree
with the Privacy Policy.
1.4. By signing up for the Platform, you acknowledge that you are of the eligible age
for signing up in accordance with the applicable laws and/or have obtained all necessary consents
(for example, of your parents) in all respects in accordance with the applicable laws, among other
things, for the purposes of compliance with data protection laws. Otherwise, signing up for the
Platform and its use are prohibited.
1.5. This Agreement, Privacy Policy, and any other applicable agreements and terms
and conditions incorporated in this Agreement by way of reference can be found on the Platform
directly or in the respective app store of your mobile device where the Platform is available for
downloading. You may print or save local copies of the Agreement, and Privacy Policy.
1.6. If you fail to comply with this Agreement, the Terms and Conditions of Use, or any
other applicable terms and conditions, we may suspend or terminate your account as described
below.
1.7. For your convenience, we have compiled as the Glossary (Appendix 2) all terms
used in the Agreement and annexes to it.
1.8. From time to time, we make amendments to this Agreement and the Terms and
Conditions of Use, the Privacy Policy and any other legally binding documents, for example, when
we update and expand the functionality of our Services and/or the application/Platform or when
there is a change in the legislation. We will use reasonable efforts to notify all Users of any material
changes to this Agreement and other documents within a reasonable timeframe, for example, by
means of a notice on our Platform or by e-mail. However, you should regularly review the terms
and conditions in order to check for such changes.
Your continued access to or use of the Services after the date of the new terms and conditions shall
constitute your acceptance of them. If you do not agree to a new version of the Agreement or other
terms and conditions or rules, you must stop using our Services/Platform.
2. Terms and Conditions of Use
2.1. Your Account
2.1.1. Signing up an Account
2.1.1.1. In order to access or use some of our services, you shall create an account (profile).
When creating this account, you should provide accurate and up-to-date information. It is important
that you timely update your data and any other information you provide to us to keep it up-to-date
and complete.
2.1.1.2. You will need to provide your mobile phone number and/or e-mail address, where
the authorization code will be sent. You will need to provide your surname, first name and username
on the Platform. You hereby agree to sending SMS messages to your specified mobile phone
number or sending e-mails to your specified e-mail address that contain an authorization code for
the purpose of confirming the number and your subsequent logging in your account.
2.1.1.3. The Platform registration form may request additional User information.
2.1.1.3.1. You agree that you shall be solely liable for any actions that are taken under your
account. We shall not be liable if your account is hacked and your rights are violated. All actions
taken by the User via phone shall be deemed to be taken by the User. However, do not hesitate to
contact our support team for help at [email protected].
2.1.1.4. After signing up your account, you shall have the right to fill in your account (fill
in your profile) and other elements of the Platform with the Content, to add videos and other
materials in accordance with the provided functionality and to use other functions that are provided
by Nutson when the Platform is used, provided that this Agreement and other applicable terms and
conditions or rules are complied with. By filling in the Profile, the User is aware and hereby
confirms that it makes the following information available to other Users of the Platform (including
unauthorized ones):
User’s name (nickname) displayed on the Platform;
Additional information on himself/herself, which composition he/she shall
determine independently;
Information on the geographical location of shooting the Content.
2.1.1.4.1. You shall independently determine the terms and conditions and provide access to
your personal data to the general public, including by signing up and using the standard functionality
of the Platform. We shall not initiate or influence your choice, disseminate your data on our own
and purport to obtain your permission to disseminate your personal data.
Your credentials and other data shall be processed by us on the basis of this Agreement in order to
properly perform the Agreement upon the terms and conditions and in the manner specified in the
Privacy Policy available at nutson.us/privacy policy.
2.2. Platform Rules
On the Platform, you may use all functionality of the Platform that is available to you subject to
your age limits.
On our Platform, it is prohibited to carry out the following actions, as well as publish content,
organize and participate in Challenges, if the published materials, descriptions for them contain the
following information, actions and/or inducement to action:
2.2.1. Impersonating another person:
The following is prohibited on the Platform:
a. to distribute ways to register as a User on behalf of or instead of another person
("fake account");
b. to mislead Users about their identity by using the phone or email of another
registered User;
c. to misrepresent information about yourself, your age, or your relationship with
other persons or organizations;
2.2.2. Violence and cruelty:
On our Platform, it is prohibited to upload, store, publish, distribute, making available or otherwise
using any information that:
a. contains threats, discredits, insults, discredits the honor and dignity or business
reputation of other Users or third parties, or violates their privacy;
b. promotes incitement of racial, religious, ethnic hatred or enmity, fascism or the
ideology of racial superiority;
c. promotes hatred against an individual or group of individuals based on (including,
but not limited to) gender, race or ethnicity, nationality, religion, religious beliefs or lack thereof,
gender identity, sexual orientation, psychological and/or physical illness, disability, immigration
status, and also contains allegations that they are physically, mentally or morally handicapped and
/ or calls for violence against such persons or justifies such violence (bullying);
d. incites conflict situations, calls for violation of the Agreement, the Terms of Use
and applicable laws;
e. contains images of violent or brutal death of people, accidents, severe mutilation of
people, dismembered, maimed, charred, burned human remains, large amounts of blood, as well as
images of open wounds or injuries, real scenes of physical violence, fights or torture;
f. contains scenes of sexual abuse of animals (bestiality), slaughter or other images of
unnatural death of animals, images of dismembered, mutilated, charred or burned remains of
animals, as well as any scenes of inhuman, cruel treatment of animals;
g. contains shock content aimed at evoking negative emotions (dislike, fear, horror,
disgust, shock) among users, as well as images of the consequences of traffic accidents, natural
disasters, catastrophes, wars, terrorist acts.
2.2.3. Potentially dangerous activities
The following is prohibited on the Platform:
a. to post, upload, broadcast, promote content that demonstrates the potentially misuse
of dangerous tools, vehicles or items;
b. to publish, upload, broadcast, promote content that promotes the ingestion of
substances that are not intended for ingestion or may cause serious harm;
c. to post, upload, broadcast, promote content that promotes or contains dangerous
games, challenges, or tricks that could lead to injury;
d. to publish, upload, broadcast, encourage content that demonstrates and promotes
dangerous sports without professional training (parkour, high diving, etc.), or other dangerous
physical activities without professional training (roofing, digging, etc.) with violation of safety
standards and the applicable legislation.
2.2.4. Actions aimed at violating the rights of minors
We approach the security of minors with great responsibility, therefore, the Platform prohibits the
dissemination of information that:
a. violates any rights of minors;
b. is vulgar or obscene, contains pornographic images and texts or scenes of a sexual
nature involving minors;
c. is aimed at inducing or otherwise involving minors in committing unlawful acts
that pose a threat to their life and (or) health or to the life and (or) health of other persons;
d. promotes, encourages and/or distributes child sexual abuse, the exchange or sale of
child abuse material, or links to other resources for the purpose of obtaining or distributing such
materials;
e. promotes, encourages and / or distributes scenes of smoking or drinking alcohol by
minors;
f. promotes, encourages, involves and/or distributes scenes of the use of illegal
narcotic, psychotropic and other restricted or prohibited substances by minors.
2.2.5. Sex and sexual materials
It is forbidden to disseminate information that:
a. directly or indirectly depicts sexual acts, including sex with or without penetration,
oral sex;
b. promotes, distributes and/or encourages the provision of services for the
organization of prostitution, involvement in prostitution;
c. promotes, distributes and / or encourages the provision of services of an erotic
nature;
d. promotes, distributes and / or contains adult content (with explicit or implied
labeling 18+), any pornography, sex video chats, sites indicating the placement of explicit photos.
2.2.6. Suicide, self-harm, grievous bodily harm and eating disorders (ED):
We care about the mental health and condition of our Users, so if you or your loved ones need any
psychological support, please call the suicide prevention hotline.
On our Platform, it is prohibited to disseminate information that:
a. promotes, distributes, encourages and / or contains a description of the means and
methods of suicide, any incitement to commit it or encouragement to commit it;
b. promotes, distributes, encourages, portrays, normalizes or glorifies self-harm,
eating disorders or other dangerous weight loss activities associated with eating disorders, contains
instructions for self-harm or eating disorders or eating disorders;
c. promotes, distributes, encourages, normalizes or glorifies euthanasia, self-harm,
refusal to take medically prescribed medications aimed at improving the psychological state and
health of a person, as well as dangerous, unproven methods of treatment
2.2.7. Extremism and Unsanctioned Mass Events:
The Platform does not allow information that:
a. contains any extremist materials;
b. promotes criminal activity or contains advice, instructions or guidelines for
committing criminal acts, contains information of limited access, including state and commercial
secrets, information about the private life of third parties, but not limited to this;
c. contains calls for riots, extremist activities, participation in mass (public) events
held in violation of the established procedure, unreliable socially significant information distributed
under the guise of reliable messages, which creates a threat of harm to the life and (or) health of
citizens, property, the threat of a mass violation of public order and (or) public security or the threat
of interfering with the functioning or stopping the functioning of vital facilities, transport or social
infrastructure, credit organizations, energy, industry or communications facilities, as well as
information materials of a foreign or international non-governmental organization whose activities
are recognized unwanted on the territory of the CIS countries, and information that allows access to
the specified information or materials;
d. promotes or provides services for placing public calls for extremist activities,
incitement of hatred or hostility, as well as humiliation of human dignity or encouragement of such
actions;
e. promotes or provides services for organizing an extremist community.
2.2.8. Drugs and narcotic substances:
The Platform does not allow information that:
a. contains advertising of drugs or describes the attraction of their use, including
"digital drugs" (sound files that affect the human brain through binaural beats), information about
the distribution of drugs, recipes for their manufacture and tips for using them, as well as ways,
methods of development, manufacture and use of narcotic drugs, psychotropic substances and their
precursors, new potentially dangerous psychoactive substances, places of their acquisition, methods
and places of cultivation of drug-containing plants;
b. promotes and / or encourages the sale / distribution of narcotic drugs, psychotropic
substances and their precursors, the cultivation of narcotic plants;
c. promotes the services of storage, transportation, manufacture, processing of
narcotic drugs, precursors, psychotropic substances or their analogues, as well as illegal acquisition,
storage, transportation of plants containing narcotic drugs or psychotropic substances, or parts
thereof containing narcotic drugs or psychotropic substances.
2.2.9. Weapons
Our Platform does not allow information that:
a. promotes services to assist in the conduct of hostilities, regardless of the occupied
side of the conflict, forms of support (humanitarian aid, supply of weapons, communications
equipment, medicines, etc.);
b. promotes, encourages or contains instructions for the distribution and sale of
weapons and ammunition;
c. contains instructions for the development, production, testing, storage, repair and
disposal of weapons and ammunition;
d. promotes and/or encourages the trade in essential parts of firearms;
e. promotes and / or encourages the trade in ammunition, including cartridges and
their components such as cartridge cases and primers;
f. promotes and / or encourages any actions with military equipment, spare parts,
components and devices for it, explosives, explosives, gunpowder, all types of rocket fuel, as well
as special materials and special equipment for their production, special equipment for paramilitary
personnel organizations and regulatory and technical products for their production and operation;
g. promotes and / or encourages any actions with chemical warfare agents, means of
protection against them and regulatory and technical documentation for their production and use;
h. promotes, encourages and/or distributes services for the
manufacture/modification/repair of firearms, their main parts, ammunition, explosives or explosive
devices.
2.2.10. Activities associated with high financial risks
When making transfers within the Platform, use only our built-in payment system.
The Platform prohibits the dissemination of information that:
a. promotes illegal activities in organizing gambling, casinos, bookmakers, lotteries;
b. promotes, encourages the provision and receipt of loans, replenishment of accounts
in payment systems in order to legalize (launder) money;
c. promotes, encourages money transfers, acceptance of payments in favor of payment
systems in order to legalize (launder) money;
d. promotes forex, binary auctions, bitcoins and other cryptocurrencies;
e. promotes, encourages trade/production of counterfeit credit or payment cards and
other payment instruments;
f. promotes, encourages or distributes information about financial pyramids, HYIP
(High Yield Investment Program, also Hip, Hi-IP);
2.2.11. Alcohol and tobacco
It is prohibited to post information on the Platform that:
a. contains, promotes, encourages offers for the remote retail sale of alcoholic
products, and (or) alcohol-containing food products, and (or) ethyl alcohol, and (or) alcohol-
containing non-food products, the retail sale of which is limited or prohibited by the legislation on
state regulation of production and turnover ethyl alcohol, alcoholic and alcohol-containing products
and on limiting the consumption (drinking) of alcoholic products;
b. contains, promotes, encourages the distribution and sale of tobacco products;
c. contains, promotes, encourages the distribution and sale of alcoholic products, ethyl
alcohol.
2.2.12. Medicines, poisons
Our Platform does not allow information that:
a. contains, promotes, encourages the sale and / or distribution of medicines, food
supplements, dietary supplements;
b. contains, promotes, encourages the sale and / or distribution of poisons;
c. contains, promotes, encourages the sale and / or distribution of medicinal raw
materials obtained from reindeer breeding (antlers and endocrine raw materials).
2.2.13. Restricted or Prohibited Goods
Our Platform does not allow information that:
a. contains, promotes, encourages any actions with pesticides and agrochemicals,
restricted in circulation;
b. contains, promotes, encourages any actions with potent or poisonous substances.
2.2.14. Copyright
a. On our Platform it is forbidden to use any objects of intellectual property and the
results of intellectual activity of third parties without the written consent of the copyright holder.
2.2.15. Cheat and illegal advertising
The following is not allowed on the Platform:
a. increase the number of Likes, comments, subscribers using automated and / or paid
systems (“cheating”);
b. attracting Users to third-party, blocked or restricted access or containing links to
blocked/restricted services, sites or registration of Users on such services, sites;
c. advertising restricted goods or illegal services, or services and goods owned by
third parties;
d. fabrication of reviews;
e. creation of a challenge, the condition of which is to attract users for the purpose of
artificially cheating subscriptions, likes, comments for any amount of money as a win in the
challenge in any currency;
f. cheating or changing the statistics of sites, the number of subscribers in social
networks, an unfair increase and cheating Likes, etc.;
g. ordering automatic or manual distribution of invitations and messages to users of
social networks, email newsletters;
h. ads for risk-based games, betting, casinos, gambling, lotteries and other restricted
or illegal gambling-related activities.
2.2.16. Use of software and hardware for illegal purposes
On our Platform it is prohibited:
a. to use the software and carry out actions aimed at disrupting the normal functioning
of the Platform, as well as emulate, decompile, disassemble, decrypt, modify and perform other
similar actions with the Platform, as well as remove / replace the Copyright Holder's copyright;
b. to promote, encourage the provision of illegal access to computer information;
c. to promote, encourage the creation, use and distribution of malicious computer
programs;
d. ro propagandize, encourage any actions with special technical means designed to
secretly obtain information;
e. to promote, encourage cardsharing
2.2.17. Personal data
We respect the right of users to privacy, therefore it is prohibited on our Platform:
a. in any way, including by deceit, breach of trust, hacking, but not limited to, try to
gain access to another User's account;
b. to carry out illegal collection and processing of personal data of other persons;
c. to promote, encourage the placement of information, materials that discredit the
honor and dignity of a person, violation of the secrecy of correspondence, personal life;
d. to promote, encourage hacking of third party accounts, extraction of classified
information, its modification.
2.2.18. Precious stones and metals
The following is prohibited on the Platform:
a. to promote, encourage the distribution and sale of precious, rare metals and stones,
jewelry, incl. waste containing precious and rare earth metals and precious stones;
b. distribution and sale of gold bars, investments in gold bars, any circulation of
precious metals, natural precious stones or pearls, including the sale of articles made of precious
metals.
2.2.19. Illegal activity
It is prohibited to distribute information on the Platform that:
a. is fraudulent;
b. promotes, encourages any illegal actions with museum objects and museum
collections included in the Museum Fund of the CIS countries if any;
c. promotes, encourages any illegal actions with X-ray equipment, devices and
equipment using radioactive substances and isotopes;
d. propagandizes, encourages any illegal actions with spacecraft and objects of
ground-based space infrastructure related to satellite navigation systems and created at the expense
of the federal budget;
e. propagandizes, encourages any illegal actions with rocket and space complexes,
military communications and control systems and regulatory and technical documentation for their
production and operation;
f. promotes and encourages mediation in bribery;
g. promotes, encourages any actions that, by their content or nature, may lead to a
violation of the applicable legislation;
h. promotes, encourages the dissemination and sale of information constituting a
commercial, tax or banking secret;
i. promotes, encourages poaching or illegal trade in wild animals and plants;
j. promotes, encourages potentially dangerous services that may cause deliberate
harm to the health of the User and third parties;
k. violates other rights and interests of citizens and legal entities or the requirements
of the applicable legislation.
3. Financing our Platform. Our Fee.
3.1. You will not pay for the use of the Platform, however, by using the Platform, you
acknowledge that we may provide you with advertisements for which companies and/or other Users
who promote their products or services pay us.
3.2. We shall provide you with relevant and useful advertisements without revealing
your identity to the advertisers. The advertisers inform us on their business goals and the target
audience they wish to provide their advertisements to. Then we provide their advertisements to
individuals who might be interested in it.
3.3. We also provide advertisers with advertising performance reports to help them
understand how people interact with their Content within the Platform. We do not provide anyone
with any personally identifiable information (such as your name and your e-mail address which may
be used by themselves to contact or to identify you) unless you give us your special permission to
do so.
4. Granting License Rights to the Platform
4.1. We respect intellectual property rights and ask you to do the same. Your access to
and use of the Services shall be conditional upon your consent not to use the Services for the purpose
of infringing any intellectual property rights. We reserve the right to block access to the
Platform/Services and/or to delete the account of any User that infringes or allegedly infringes any
copyright or other intellectual property rights, without a notice, at any time and at our sole discretion.
4.2. Granting you License Rights to Use the Platform. Provided that you comply with
this Agreement and all other applicable terms and conditions or rules, we shall grant you a limited,
non-exclusive license, without the right to sublicense (and without the right to transfer and to assign
access to the Platform) to use the Platform and to integrate with it, but only to the extent permitted
by this Agreement and all other applicable terms and conditions or rules. You will not sell, transfer
or sublicense the rights to the Platform to any other persons. Unless this Agreement explicitly grants
you a license to do so, you will not use, access, integrate, modify, translate, reverse engineer or
otherwise operate the Platform or any its element or create any derivative works.
4.3. Nutson shall carry out the day-to-day management of the Platform, determine its
structure and appearance, allow or restrict your access in case the provisions of this Agreement are
violated and exercise any other rights that it has. The User agrees that we shall have the right to use
the functional and technical capabilities of the software (audio/video players and editors) that ensure
the display of the Content posted on the Platform, at our sole discretion, including for the purpose
of displaying advertisements.
4.4. In terms of providing the possibility of interaction between Users, including
providing Users with the opportunity to independently perform certain actions within the Platform,
Nutson acts solely as a person who has provided the technological possibility of such interaction
using the Platform. The transmission and storage of information, graphics and other materials
provided by Users, as well as providing access to them, related to such interaction via the Internet
and the Platform software, are carried out without Nutson changing such materials or influencing
their content.
4.5. We shall have the right to:
4.5.1. At any time, change the Platform design and user interface, its content, the content
of the provided functions of the Platform, modify or supplement the scripts, software and other
items used or stored on the Platform, with or without notification of the User.
4.5.2. We reserve the right to temporarily or permanently disable the User’s account at
any time, including if you fail to comply with any of the provisions of this Agreement, the Terms
and Conditions of Use or other applicable rules, terms and conditions, or if we believe that any
actions taken from your account cause or may cause damage to or deteriorate the quality of the
services, or may prejudice or infringe the rights of any third parties, or violate any laws or
regulations, of which we will notify you within a reasonable time.
4.5.3. We reserve the right to delete or to disable access to the Content at our sole
discretion for any reason at any time and without a prior notice.
4.5.4. We reserve the right to cut, crop, edit your Content or to refuse to post your Content
at our sole discretion. We shall have the right to prohibit, block or delete any publication that you
post on the Platform services if we believe that your publication does not comply with this
Agreement, the Terms and Conditions of Use and other terms and conditions or rules, the applicable
legislation and other applicable law, causes or may cause damage to or deteriorate the quality of the
services or may prejudice or infringe the rights of any third parties, at our sole discretion.
4.5.5. WE RESERVE THE RIGHT TO BLOCK YOUR ACCOUNT, AMONG OTHER
THINGS, IF YOU:
4.5.5.1. Use swear words, insults in your Comments to the Content.
4.5.5.2. We receive complaints about you (rudeness, offensive behavior, inadequate
communication).
4.5.5.3. You have violated this Agreement or any legally binding agreements with us.
4.6. You acknowledge and agree that we may stop granting you the license rights to the
Platform described in this section at any time for or without a reason.
4.7. License Grant of Third-Party Services
4.7.1. NO RIGHTS SHALL BE LICENSED TO ANY SOUND RECORDS AND
PIECES OF MUSIC CONTAINED IN THEM THAT ARE AVAILABLE THROUGH THE
PLATFORM.
4.7.2. We use TrueDepth API technologies (ARKit, with automatic assessment of the
actual environment of directional lighting) to create AR effects on the Platform. The only use of
this information shall be to provide valuable user defined functions. No information gathered by the
TrueDepth API shall ever leave the user device. We shall not transfer the information to any third
parties, store or otherwise process the data that we have access to and which we use through the
TrueDepth API. More information on the TrueDepth API technologies is available at
https://support.apple.com/en-us/HT208108.
The information provided using the TrueDepth API technologies shall be stored on the device only
while AR effects are being created on the Platform. When rendering an effect, the data shall not be
saved and shall be deleted after the final video is created or the data shall not be used when the final
video is created.
5. Content
5.1. We do not claim ownership of your and/or any other audiovisual works, audio,
video, musical works (hereinafter referred to as "Content"), but you grant us a license to use it. Your
rights to your Content remain unaffected. Our Platform is an information intermediary and does not
initiate the download of any Content, does not determine the recipient of the specified Content, and
does not verify that the specified Content belongs to you. We do not change your Content, except
for changes made to support the Content transfer process.
You may upload Content to our Platform, subject to the applicable laws of the and the rules of the
Platform. You have the right to store the Content you upload, provided you have the consent of the
copyright holders of musical and audiovisual works, if these works are not created by you or you
do not grant a license to use your Content to a third party. We assume that when you upload any
Content, you have the right to use it. If we receive a written statement from the copyright holder
about the violation of its intellectual rights in relation to the content uploaded by you, we will take
the necessary and sufficient measures to stop the violation of rights in relation to the specified
Content.
We do not claim ownership of your Content that you post on or through the Platform. You hereby
grant us a non-exclusive, royalty-free, worldwide, transferable and sub-licensable license to store
and replay your Content and create derivative works based on it.
5.2. You can delete Content individually or all at once by deleting your account (to
delete some Content, you must write to the support service, and the Content will be deleted within
2 (two) weeks after the request).
In the event that you decide to revoke this license for any use of your Content, you may do so by
deleting your account and no longer using the Platform. The license terminates when your Content
is removed from our systems, unless otherwise provided by applicable law.
5.3. We do not carry out commercial use, and also do not receive any other profit
associated with the storage and / or reproduction of your content and the creation of derivative works
based on it.
If you are a composer or author of a piece of music and are affiliated with a copyright enforcement
organization, then you must notify your organization of the royalty-free license you grant us in this
Agreement with respect to your User Content. You are solely responsible for ensuring that you
comply with the applicable obligations of your copyright enforcement organization. You grant us
the right to use your image.
You agree that Content may be used by the public on this Platform for the purpose of integrating
audio with other users' videos, reworking audio, and creating new audio (sound and/or music),
including, but not limited to, duets, parody clips by other users using audio and / or video works
uploaded to the repository and allow such use (open license).
6. Service of Public Messages
6.1. The Service of Public Messages shall mean that the User may post messages on the
Platform pages that may be viewed by all Users who visit the respective page of the Platform.
In addition to the general rules, it shall be prohibited to post public messages that:
Contain advertising information, spam, pyramid schemes, chain letters (MESSAGE
OF RELIGIOUS AND MYSTICAL CONTENT WITH A CALL TO DISTRIBUTE COPIES OF
SUCH MESSAGE);
Are unlawful, harmful, threatening, injuring morality, defamatory, violating
copyright, propagating hatred and/or race, ethnic, sex, social discrimination;
Contain links to Internet sites owned by the Users or any third parties;
Violate the rights of any third parties;
Comment on the Remuniration;
Are not relevant to the Task or the Challenge.
6.2. The Administration shall have the right to delete a public message that complies
with or violates the Agreement at any time and to take any other actions or inaction at its sole
discretion.
7. Platform Arbitration
In the event that any disputes regarding a Task and the Challenge Rules arise among the Users under
the Agreement, they shall be resolved by the Administration. The Users agree that the
Administration shall have the right to take any necessary steps by results of considering a disputable
situation. The Administration decision shall be final and not subject to appeal.
8. Warranties and Liability
8.1. Your Warranties and Liability
8.1.1. You warrant that you have all powers and capacity required to enter into this
Agreement and other rules, terms and conditions and shall be liable for assessing the accuracy,
completeness and fitness of all opinions, estimates, services and other information, quality and
functions of the goods provided through the Platform.
8.1.2. You may not transfer your rights or obligations under this Agreement without our
consent.
8.1.3. You shall be personally liable for any Content or other information that you post
on the Platform or otherwise communicate to the general public on or through the Platform. You
undertake to independently settle claims of any third parties that are related to inappropriate posting
of the Content and information on the Platform.
8.1.4. To the extent permitted by law, in case of any dispute that results from your use of
our Services between you and any third parties, for example, including, but not limited to, any
communications provider, copyright holder or other Users, that arises directly between you and such
third parties, you shall irrevocably hold harmless and indemnify us and our partners against any
complaints, claims and damages (actual and subsequent) of any kind and nature, whether or not
known, arising in any way and related to such disputes.
8.2. Nutson Warranties and Liability
8.2.1. We shall have the right to assign our rights and obligations to other persons. For
example, this may occur in the event of a change of ownership (due to merger, acquisition or sale
of assets) or by virtue of law.
8.2.2. The Platform shall be provided “as is”, we make no warranties that:
The Platform will operate continuously and will be free from technical errors;
The Platform will meet all your expectations or requirements.
8.2.3. We shall not control any statements and actions of people and other persons and
shall not be liable for their (or your) actions and conduct (on and off the Internet) or the Content
(including unlawful or objectionable one). Furthermore, we shall not be liable for the services and
functions offered by other people or companies, even if you access them through our Platform.
8.2.4. We shall not participate in generating the content of your account and the Content,
control your actions, shall not censor and are not technically able to automatically censor
information in the open sections of the Platform and in your account. Due to the specific features of
the Platform functioning, we shall not moderate and are not technically able to preliminarily
moderate any information and Content posted by you and shall not be liable for its content.
8.2.5. We shall not bear any liability for any content presented and posted by the Users
and/or authorized third parties.
8.2.6. In the event of troubles with our Platform, we are unable to forecast all of their
implications. You agree that we will not be liable for any lost profits or income, lost information or
data or for any indirect, punitive or incidental damages arising out of or in connection with this
Agreement, even if we were aware that such damages could be incurred. This provision shall apply
as well to our deletion of your Content, information or account, loss of business, goodwill or
business opportunities or business interruption. Any other losses will be limited to the amount you
paid to Nutson during the past 12 months.
9. Special Conditions
9.1. Nutson Logo. The User has been notified of and agrees that when images and
videos are posted, each of such images or videos may be provided with the Nutson logo that is due
to the Platform functionality.
9.2. Applicable Law and Jurisdiction. This Agreement, its subject matter and content
shall be governed by the applicable legislation. All disputes between the parties to this Agreement
shall be resolved through correspondence and negotiations in the course of compulsory pre-court
dispute settlement procedure (pre-action protocols). If the parties cannot reach an agreement
through negotiations within sixty (60) days from the date the other party receives a written claim,
any party concerned shall refer the dispute to the court of general jurisdiction at the location of
Nutson (the jurisdiction over the case of any other courts shall be ruled out), unless otherwise is
expressly provided for by applicable law.
9.3. Entire Agreement. This Agreement (including all rules, terms and conditions)
shall constitute the entire legal agreement between you and Nutson, govern your use of the Services
and supersede in full any prior agreements between you and Nutson in relation to our Services.
9.4. Age Limit. The Services shall be provided solely to persons aged 13 and over. To
join the Remuneration Challenge, you must have full capacity in your country of registration, but
you must be at least 18 years old. By using the services, you confirm that you are over the respective
age specified in this Agreement. If we become aware that someone under the respective age
specified above uses the Services, we will terminate that User’s account.
9.5. Waiver. Our failure to enforce any provision of this Agreement shall not be
construed as a waiver of such provision or right.
9.6. Safety. We do not warrant that our Services will be safe or free from any bugs or
viruses. You shall be liable for configuring your information systems, computer programs and the
Platform to access our Services. You must use your own anti-virus software.
9.7. Partial Invalidity. If a court having jurisdiction to rule on this matter determines
that any provision of this Agreement is invalid, such provision will be deleted from the Agreement
without affecting the remaining part of this Agreement and other provisions will remain valid and
enforceable.
9.8. Communication
Any notices may be sent by one party to the other party:
By e-mail to the e-mail address of the User specified by him/her when signing up
or to the e-mail address of Nutson [email protected];
In the form of a message to the User’s mobile phone number: by the User’s phone
number specified by him/her when signing up;
To the Notifications section of the User’s personal profile on the Platform.
10. Additional Terms and ConditionsApp Stores
To the extent permitted by applicable law, the following additional terms and conditions shall apply
when accessing the Platform through certain devices.
10.1. Apple Products Note. By downloading our Platform to devices manufactured by
Apple, Inc. (hereinafter “Apple”) or from the Apple AppStore, you acknowledge and agree that:
This Agreement shall be valid between Nutson and you; Apple shall not be a party
to this Agreement;
License granted to you under this Agreement shall be limited to your personal,
limited, non-exclusive, non-transferable right to install the Platform on Apple devices that you own
or control for your personal, non-commercial use in accordance with the Terms and Conditions of
Use set out in the terms and conditions of Apple AppStore services;
Apple shall not be liable for the Platform or its content and is not obliged to provide
any services for maintaining or supporting the Platform;
To the fullest extent permitted by applicable law, Apple will have no other warranty
obligations with respect to the Platform;
Apple shall not be liable for any claims of yours or of any third parties that relate
to the Platform, your possession or use of the Platform, including, without limitation, (a) claims
related to the product quality; (b) any claims to the effect that the Platform does not comply with all
applicable laws and regulatory requirements; and (c) claims arising from consumer rights protection
or from applying similar legislation;
If any third party alleges that the Platform or your possession and use of the
Platform infringes such third party’s intellectual property rights, Apple shall not be liable for
investigating, defending, settling, or rejecting such intellectual property infringement claim.
10.2. Google Play. By downloading the Platform from the Google Play operated by
Google, Inc. or one of its affiliates (hereinafter “Google”), you acknowledge and agree that:
In the event of a conflict between (a) the Google Play User Agreement, the Google
Play Business and Program Policy or any other agreements that Google determines by default as
the end-user license of the Google Play App Store (jointly referred to as the “Google Play
Agreements”), and (b) other terms and provisions of this Agreement, the Google Play Agreements
will apply to the use of the Platform that you downloaded from Google Play; and
Google shall not assume any liability or obligations whatsoever arising out of
Nutson’s or your (or any other User’s) compliance or failure to comply with this Agreement or the
Google Play Agreements.
11. Account deletion initiated by the User
11. 1. The User may at any time initiate the deletion of his account in the absence of active
Challenges.
11.2. If the User changes his mind and wants to restore the account, he can send a request for
restoration in the User's profile within 30 calendar days after deletion. After 30 days, the User's
account is deleted without the possibility of recovery.
Appendix No. 1 to the User Agreement
Glossary
Each term defined in this Glossary shall have the same meaning regardless of where it is used in the
Agreement or its appendixes. In this case, the words in the singular shall include the plural, and vice
versa.
1. Administration shall mean employees of the Company and persons duly authorized
by the Company to control the Platform and to provide the Company’s Services to Visitors and
Users during their use of the Platform.
2. Arbitration shall mean consideration of a dispute and/or complaints by the Platform
Administration and making a decision binding upon the parties.
3. Agreement shall mean the User Agreement for the provision of the Platform.
4. Challenge Video Confirmation shall mean the video posted by a Challenge
participant to confirm his/her participation in the Challenge and accidentally sounded Likes and
Voices as part of the Challenge.
5. Challenge Duration shall mean the time determined by the Challenge Organizer to
hold the Challenge.
6. Challenge Participant shall mean the User who has posted a Video Confirmation
for participation in the Challenge in accordance with the Challenge Rules.
7. Challenge shall mean a call for organizational or other actions of the Challenge
Organizer to an unlimited range of other users. In order to participate in the Challenge, you should
fulfill the Challenge Task recorded on video and post the Video Confirmation on the Platform in
accordance with the Challenge Rules.
8. Challenge Task shall mean a condition of fulfilling the Challenge that is determined
by the Challenge Organizer in accordance with the Challenge Rules and intended for the authorized
Users.
9. Challenge Final - the second stage of the Challenge, in which the winner of the
Challenge is selected based on the Voices received.
10. Challenge Organizer shall mean the user who has created a Challenge in order to
organize the taking of certain actions by other Users in order to implement which the Challenge
Organizer may affect funding in accordance with the Challenge Rules.
11. Challenge Selection - the first stage of the Challenge, in which Users upload
Challenge Video Confirmation to participate in the Challenge.
12. Challenge Winner shall mean the user who has been awarded a Challenge win in
accordance with the Challenges Rules.
13. Connected Bank shall mean the applicable bank or non-bank payment institution
connected for your jurisdiction.
14. Comment shall mean a subjective opinion of a User on videos posted on the
Platform by other Users.
15. Content shall mean design elements, illustrations, graphics, photographs, scripts,
texts, videos, music, sounds and other items posted on the Platform that are, among other things,
intellectual deliverables, the rights to use which may be held by the User or any other persons.
16. Involvement Index shall mean the Platform comprehensive rating that is
determined by assessing the proportion of Users’ targeted actions equivalent to one post, period of
time and/or User.
17. Like shall mean a conditional expression of the User’s approval of the Content with
the use of technical aids of the Platform.
18. Personal law is the personal law of an individual. The personal law of a natural
person is the law of the country of which the person is a citizen. If a person has several foreign
citizenships, the personal law shall be the law of the country in which this person has a place of
residence. The personal law of a stateless person is the law of the country in which this person has
a place of residence. The personal law of a refugee is the law of the country that granted him asylum.
19. Mobile Application shall mean a hardware and software package based on iOS or
Android.
20. Offer shall mean the Challenge Organizer’s proposal to enter into an agreement
made to the Challenge Participant.
21. Place of the announcement of the Challenge - a section of the application, which
contains the Challenges created by users.
22. Platform shall mean a set of computer programs, databases that ensure the
functioning of the Nutson mobile application and a set of the Services provided to the Users when
using the mobile application and the Company’s site. It shall include the Nutson Mobile
Application, including the Nutson website.
23. Profile shall mean information on the User posted at the discretion of the User.
24. The Recommendation Feed is a selection of personalized content based on specific
User preferences.
25. Remuneration shall mean an amount of funds determined by the Challenge
Organizer when creating the Challenge in accordance with the Challenge Rules. The Remuneration
shall be a gratuity (non-cash funds) and shall not include any other (non-monetary) forms of
consideration (other property in kind, including property rights).
26. User shall mean an individual who is of the age of 13 or of any other age that is
allowed by the law applicable to the User for the acceptance of the Agreement or other legally
binding documents and who has signed up for the Platform in accordance with the established
procedure.
27. Voice - NUTS-voice, an expression of approval put down by the user in the
Recommendation Feed for Challenge Video Confirmation in the Challenge Final.
28. Visitor shall mean an individual who is of the age of 13 or any other age that is
allowed by the law applicable to the User or the Visitor for the acceptance of the Agreement or other
legally binding documents and who uses the Platform, or a legal representative of a legal entity.
29. Winner Selection shall mean automatic determination of the Challenge Winner in
accordance with the Challenge Rules.
Appendix No. 2 to the User Agreement
Challenge Rules
1. General
1.1. These Challenge Rules (hereinafter the “Rules”) shall be a model Offer of the
Challenge Organizer intended for the Challenge Participants. The Offer shall be accepted in the
manner prescribed by this Offer. The Offer acceptance by the Challenge Participant shall be equal
to entering into an agreement upon the terms and conditions set forth in this Offer. These Rules
shall be a legally binding document for the Challenge Organizer, the Challenge Participants and
Challenge Winner.
1.2. The Challenge announcement shall be posted as follows:
1.2.1. In the Challenge Organizer’s account on the Platform and in the search bar and
other places within the Platform’s functionality.
1.3. The Challenge is not a lottery, is not risk-based and does not require any
participation fee.
1.4. The Challenge shall be held with or Renumeration.
1.5. The Challenge shall be held in accordance with these Rules. To participate in the
Challenge, the Challenge Participant shall be invited to take actions in the manner prescribed by the
Challenge Organizer and these Rules.
1.6. Under no circumstances may the Company and Apple or Google be treated as the
Challenge Organizers, influencing the Challenge results and/or the generation and allocation of the
Remuneration.
1.7. Any terms and conditions of the Challenge that are not governed by these Rules
and the Agreement shall be determined and posted by the Challenge Organizer at the place where
the Challenge is announced.
1.8. The Challenge Organizer and the Challenge Participant warrant that they have
sufficient legal status and capacity and shall have the right to accede to these Rules, including for
organizing and participating in Renumeration Challenges, in accordance with applicable law and
the Personal Law.
The Challenge Organizer, the Challenge Participant and the Remuneration Challenge Winner shall
have full capacity in their country of registration in accordance with the Personal Law but must be
at least 18 years of age.
2. Challenge Duration and Cancellation
2.1. The Challenge Organizer shall independently determine the Challenge Duration
and post it at the place where the Challenge is announced. The Challenge Duration shall include the
term of posting the Challenge Video Confirmation, which shall be the same for all Challenge
Participants.
2.2. After the expiry of the Challenge Duration, the Likes leaving period shall begin
which shall be 24 hours.
2.3. The Challenge Organizer shall have the right to cancel the Challenge before the
Term for Gathering the Challenge Video Confirmations of the Challenge Participants starts.
3. Challenge Task
3.1. The Task shall contain a detailed description of the Challenge that is sufficient to
fulfill it, the amount of the Remuneration , the Challenge Duration and any other terms and
conditions at the discretion of the Challenge Organizer.
3.2. The design and the provision of the Challenge shall be effected by the Challenge
Organizer using the technical aids of the Platform.
3.3. The Task shall be generated and posted by the Challenge Organizer independently
at the place where the Challenge is announced.
3.4. The Challenge announcement shall automatically mean that these Rules apply to
the User and he/she obtains the status of the Challenge Organizer.
3.5. The posting of the Challenge Video Confirmation by the User shall automatically
mean that these Rules apply to the User, and he/she obtains the status of the Challenge Participant.
3.6. It is prohibited to post and to fulfill any Tasks that are prohibited on the Platform
and specified in clause 2.2.2 of the Agreement.
4. Winner Selection Procedure
4.1. The Challenge consists of two stages: the first stage is the Selection, the second
stage is the Final.
4.1.1. As part of the Selection, Users upload Challenge Video Confirmation, which must
meet the following criteria in order to qualify for the Final.
4.1.1.1. get 6 likes from subscribers of the Challenge participant.
4.1.1.2. be of high quality (image, sound, light, editing, filming).
4.1.1.3. meet the conditions of the Challenge.
4.1.1.4. be original (if required by the conditions of the Challenge).
4.1.2. We do not miss the Challenge if the profile of the Challenge Participant does not have
an avatar, their original videos. We reserve the right to evaluate the profile of the Challenge
Participant and make a decision on the approval or rejection of the Challenge organized by him/her.
4.2. The Participant of the Challenge confirms participation in the Challenge by posting
the Video Confirmation of the Challenge on the Platform.
4.3. The Winner is determined from the Challenge Participants. The Winner of the
Challenge is whose Video Confirmation of the Challenge received the most Voices. The Winner is
determined automatically.
4.4. The status of the Winner can be transferred to the next Challenge Participant in the
list if the winning Participant has gained Likes or Voices, or his Video Confirmation does not meet
the criteria specified in clause 4.1.1.1. and his victory in this case is recognized by us as invalid.
4.5. The Platform has the right to cancel the Challenge before determining the Winner
if less than 2 participants participate in the Challenge with suitable Video Confirmation for the final.
5. Receiving the Remuneration
5.1. The Remuneration shall be transferred to the Challenge Winner through the
Platform, less the Platform commission fee as specified in clause 3.4 of the Agreement within three
(3) business days after the end of the Challenge Duration.
5.2. The Remuneration shall be a prerequisite for the Challenge.
5.3. Remuneration Payment Procedure.
5.3.1. Organizer shall contribute the Remuneration amount as a security for his/her
obligations.
5.3.2. The Platform redirects the Challenge Organizer to the Connected Bank payment
page where the Challenge Organizer shall specify his/her bank card details and issue an order for
the Remuneration transfer to the Connected Bank where it will be reserved until the Challenge
Winner is selected and such Remuneration is paid to him/her.
5.3.3. By confirming the transfer of the Remuneration amount to the Connected Bank, the
Challenge Organizer shall thereby confirm the payment of the Remuneration amount to the
Challenge Winner after such Challenge Winner is selected.
5.3.4. The Challenge Organizer understands that after the Challenge Winner is selected
and the Challenge Duration expires, the Platform will send to the Connected Bank the Challenge
Organizer’s order to transfer the Remuneration amount to the Challenge Winner within three (3)
business days after the Challenge Duration expires, and such transfer shall be deemed as accepted
by the Challenge Organizer in full.
5.4. After successful debiting (reserving) of funds on the account with the Connected
Bank, the Challenge shall become active and other Users may participate in it.
5.4.1. At that:
In case of an error in debiting the funds, the Challenge Organizer shall be invited
to change the payment method;
If the Challenge is canceled as awarded by the Arbitration after the funds have been
debited, the debited funds will be repaid to the Challenge Organizer;
In case the Challenge is canceled by the Challenge Organizer, the debited funds
will be repaid to the Challenge Organizer.
5.5. After the Challenge is held and the Challenge Winner is selected, the Platform will
send a notice to the Challenge Winner stating that he/she has been recognized as the Challenge
Winner and that he/she is required to enter his/her bank card details on the Connected Bank payment
page in order to transfer the Remuneration amount.
5.6. After holding the Challenge, selecting the Challenge Winner and receiving the
Challenge Winner’s bank card data, the Platform shall send the Challenge Organizer’s order to
transfer the funds reserved earlier from the Challenge Organizer’s account to the Challenge
Winner’s account with the Connected Bank, and the bank shall transfer the Remuneration amount
from the Challenge Organizer to the Challenge Winner.
5.6.1. At that:
In case of an error in transferring the funds to the Challenge Winner’s account,
he/she shall be invited to re-link his/her card credentials;
If the Challenge is canceled as awarded by the Arbitration before the Challenge
Winner is selected, the debited funds will be repaid to the Challenge Organizer;
In case the Challenge Winner is not active for a long time (more than five (5) days)
and fails to comply with clause 5.5 of these Rules, the Remuneration shall be deemed as unclaimed
and will be repaid to the Challenge Organizer.
5.7. The Platform shall charge its commission fee pursuant to clause 3.4 of the
Agreement
6. Obligations to Pay Taxes, Levies and Other Charges
6.1. The Challenge Organizer and the Challenge Winner shall independently pay all
necessary taxes, levies and charges payable in connection with these Rules in accordance with
applicable law and independently bear the respective risks and liability in case of non-payment. The
Company shall not be a tax agent under these Rules.
7. Copyright and Related Rights
7.1. In the event that the Task provides for the fulfillment of the Challenge which results
in the creation of an intellectual property item (an intellectual deliverable and/or a means of
individualization), unless otherwise agreed upon by the parties, the copyright shall remain with the
Challenge Participant and the Challenge Participant shall grant the Company a non-exclusive
royalty-free license to post them on the Platform in the manner prescribed by clause 5 of the
Agreement.
7.2. In other cases, any issues related to the rights to the intellectual deliverables and/or
means of individualization will be governed by the current applicable legislation.
8. Liability of the Parties
8.1. The parties shall be liable for failure to fulfill or improper fulfillment of the
obligations under these Rules in accordance with the current applicable legislation (applicable law).
9. Amendments to the Rules
9.1. These Rules may be amended by the Company unilaterally.
10. Final Provisions
10.1. To the extent that they govern the relations between the Challenge Organizer and
the Challenge Participant in relation to the fulfillment of the Task, the posting of the Challenge
Video Confirmation and the Remuneration amount, the provisions posted by the Challenge
Organizer shall supplement the provisions of these Rules and shall be deemed as included in them.
In the event of a discrepancy between the provisions of the Task and of the Rules, the provisions of
the Rules will prevail over the provisions of the Task as between the Challenge Organizer and the
Challenge Participant.
Appendix No. 3 to the User Agreement
Guidelines on Combating Breaches
Anti-violation recommendations can help you successfully deal with conflicts you may face at
Nutson. We hope you will find a suitable solution.
What you can do:
Examine the context. If you see inappropriate Content at Nutson, please determine its context.
Many people use our Platform in a Nutson-specific way. If something goes beyond the context, this
can result in misunderstandings. Please check hashtags related to the Content. Perhaps, the post is
a part of a trend or may relate to something that is not obvious. To understand the situation, please
check all information related to the post or the entire profile of the person who posted it.
Think before commenting. If you are involved in a dispute in the Comments, please consider what
your next post might result in. While it is always tricky, stalking can make the unwanted behavior
worse and encourage the other person to continue to behave aggressively.
Block! If you receive unwanted Comments from another user, it is recommended that you block
that person. People who insult others often lose interest when they understand that you will not
answer them or that they will no longer be able to communicate with you.
If the dispute or insults continue. The best answer in a dispute is a calm discussion or a refusal to
argue. However, some situations require additional actions. The following tips in this section are
recommendations for getting help.
Contact those you trust. When it comes to negative or harmful interactions, contacting the loved
ones for advice can help. Communicating a trouble to a family member or a close friend can often
help you figure out how to cope with a situation or to express your emotions so you can move on.
Complain. Be sure to read the Platform Rules. If you have read and believe that some account
violates one or more of the rules, please report the violation to us using the application function of
sending complaints. This is the fastest way to report insulting posts or profiles. Please provide all
necessary information in your complaintthis will help to consider your trouble as soon as possible.
Nutson deletes only those accounts and posts that violate the Agreement and other terms and
conditions or rules posted on the Platform. If we delete something that is contrary to the Guidelines
of the Community, we inform the author of the post, but do not provide information on the User
who complained about the post.
In case of danger. Contact your local law enforcement authorities or legal representation. When a
conflict can become a genuine threat online or in real life, you should contact your local law
enforcement authorities. They can better assess the threat than others and intervene or help you if
required. If we are contacted by law enforcement authorities, we can cooperate with them and
provide the information required to investigate the trouble.
Legal advice. If you believe your online dispute is legal, please consult a lawyer. Nutson may not
provide legal advice or information on other Users, except as required by the current legislation.
Appendix No. 4 to the User Agreement
Guidelines of the Community
Please only post the Content you create or the Content that you are authorized
to share. Please remember that only authentic materials may be posted. Do not post any Content
you have copied or found online unless you are authorized to do so.
Post photos and videos that are suitable for a diverse audience.
We know that sometimes people want to share nude images for creative or artistic reasons, but there
are a number of reasons why such images are prohibited at Nutson. Photos, videos and some digital
materials showing sexual intercourse, genitals and fully naked buttocks close-up are prohibited.
They include photos of female breast nipples as well, but photos with mastectomy scars and photos
of breastfeeding women are allowed. Painting and sculpture nudity is also allowed.
People love to post photos and videos of their children. Sometimes, we may delete photos that show
partially or fully nude children for security reasons. Even if these materials are posted with good
intent, one may not foresee a purpose for which other people may use them.
Please interact in a conscious and authentic manner.
Help us combat spam. Please do not use mechanisms for fake Likes, increasing the number of
followers and reposts. Do not post repeating Comments or materials, do not make commercial
proposals several times to people who have not agreed to this. Do not post any Content that
promotes, encourages, or makes it easy to buy or sell fake feedback from people. You are not
required to provide your true name at Nutson, but we do require the Users of this platform to provide
us with accurate and up-to-date information. Do not misrepresent yourself as other people and do
not create accounts to violate our Guidelines or mislead someone.
Obey the law.
At Nutson, it is prohibited to support and to praise terrorist activities, organized crime and haters
groups. At Nutson, it is prohibited to offer sexual services, to buy or sell firearms, alcohol and
tobacco products on an individual basis, or to buy or sell narcotic drugs or prescription drugs (even
if they are permitted in your area). Poaching and selling endangered animals and parts of their bodies
are strictly prohibited.
When offering to buy or sell other goods subject to statutory regulation, always keep in mind that
you must obey the law. Accounts promoting online gambling or online lotteries must obtain our
prior written permission before using our products.
We consider it unacceptable to threaten the publication of intimate photographs of other people, as
well as the publication of sexual material involving minors. The list above is not exhaustive and
you are prohibited from doing anything that violates the law while using Nutson.
Respect other members of the Nutson community.
We strive to build a diverse community with a friendly attitude towards each other. We delete any
materials that contain genuine threats or hostile speech that are intended for humiliating or insulting
certain people, and that contain personal information that is intended for blackmailing or harassing
or repeated unsolicited messages. As a rule, we allow critical discussion of people who appear in
the news or have a large audience of fans because of their profession or occupation.
It is inadmissible to call for violence or harassing people based on their race, ethnic or national
origin, sex, gender identity, religion, sexual orientation, disease or disability. We may permit the
posting of hostile speech if this is done in order to raise awareness or to combat it. In such cases,
we ask you to clearly express your intentions.
Serious threats to jeopardize public and personal safety are prohibited. This includes, but is not
limited to, specific threats of physical harm, robbery, vandalism or other financial damage. We
consider complaints carefully and weigh many factors to determine whether the threat is genuine.
Be friendly in the community and do not propagate self-harm.
Encouraging or calling for self-harm is contrary to our community ideas, so we delete such posts or
accounts if we receive complaints about them.
Be careful when sharing information on important events. We understand that
many people use Nutson to share important and posting-worthy events. Some of them involve
images. Nutson is used by people of different age groups, so we may delete videos with hard to
perceive scenes of violence. Nutson must remain suitable for everyone. Posting images for sadistic
pleasure or to celebrate violence is prohibited.
Please help us strengthen our community. If you believe that the materials you
have seen violate the Guidelines, please help us by using the special form. Our team considers all
complaints and strives to delete any materials that do not comply with our Guidelines as soon as
possible. Please try to provide as much information as possible, such as links, usernames and
descriptions of the materials, so that we can find them and consider your complaint as soon as
possible. We may delete entire posts if the images or captions they contain are contrary to our
Guidelines.
You may find materials that you dislike but that do not violate our Guidelines of
the Community. In this case, you can unsubscribe or block the person who posted them. If you do
not like a Comment to one of your posts, you may delete it.
If someone posted your photo or video without your permission, please file a
copyright infringement complaint. If you believe someone infringes your trademark rights, please
file a respective complaint.
We may contact law enforcement authorities if we believe that there is a risk of
physical harm or a threat to public safety.
Appendix No. 5 to the User Agreement
Procedure on the Determination of the Status of the Winning in the Challenge and the
Handling of Complaints of the Users (hereinafter the “Procedure”)
1. Determining the Status of the Victory in the Challenge.
1.1. The Remuneration Challenge shall be deemed to have been successfully fulfilled when the
Remuneration is transferred from the Challenge Organizer account to the Challenge Winner account
in accordance with the Challenge Rules.
2. Considering Requests and Complaints of the Users.
2.1.Within three (3) days from the date after the expiry of the Challenge Selection term until the
Challenge Winner is determined, the Administration shall have the right to change to the status of
considering Users’ requests (Platform Arbitration) and to take steps to set the Task status. The status
shall be set based on the analysis of Users statements and the evidence presented by them. When
carrying out such analysis, the Administration shall act not as an appraiser or an expert but solely
as an independent party which is authorized on the basis of these Rules to carry out such analysis
being guided by its own independent beliefs and discretion.
The Arbitration may be up to fourteen (14) days.
At that, the Company shall not be a representative of either the Challenge Organizer, or, or the
Challenge Winner, or the User.
2.2. When determining the status of the Challenge Task, the Company shall be guided by the text
of the Challenge Task, including Challenge Duration. In this case, when analyzing the fulfillment
of the Task, the Company may take into account the professional level of the Challenge Participant
based on the integrated ranking of the Involvement Index that is determined by assessing the
proportion of Users’ targeted actions equivalent to the Challenge Participant’s account. At the same
time, we have the right, of our own free will, to decide on blocking (or suspending) accounts and
canceling the winnings in the Challenge of those Users who violated the rules of the User Agreement
in terms of cheating Likes, Voices users and comments. We also have the right to recalculate the
statistical data (i.e. Likes, Voices) of such Users by excluding the number of "fake" Likes/Voices
from the video statistics and, on the basis of "clean" (updated) statistics, make a decision on the
winner of the Challenge.
2.3. The Users agree that in the course of Arbitration, the Company may use audio and/or video
recording of the process of fulfilling the Task made by the Users and shall provide the
Administration with information and materials required to analyze whether the Challenge Video
Confirmation is in line with the Task. The Users shall independently bear all risks of failure to
provide the Company with the materials required for the comprehensive independent analysis.
2.4. By results of considering the request and carrying out the analysis, the Company shall make
one of the following decisions at its own independent discretion and belief:
2.4.1. The services were provided/the work was performed properly and in due time in accordance
with the Challenge Task was fulfilled properly.
2.4.2. Challenge Participants failed to fulfill the Challenge Task properly or the Likes were gathered
in bad faith, in this case the Challenge Participant who gathered the most Likes, Voices as compared
to the disqualified Challenge Participant may be recognized as the Challenge Winner.
The making of one of the decisions specified in clause 2.4 of this Procedure shall be the obligation
of the Company in accordance with the terms and conditions of this Procedure. The making of one
of those decisions by the Company shall be final for the purposes of this Procedure, the decision
may not be revised. By using the Platform on the basis of the Agreement, the Customer and the
Contractor, the Challenge Organizer and the Challenge Participant express their consent to any of
the Company’s decisions provided for by clause 2.4 of the Procedure.
Having made one of the decisions specified in clause 2.4 of this Procedure, the Company shall send
a notice of the Arbitration award to all parties concerned.
Appendix No. 6 to the User Agreement
Procedure for the Handling of Complaints Related to Users Posting Content at Nutson
Nutson is taking action to curb relevant infringements as claimed by copyright holders.
If you find Content on the Platform that you believe is illegal, please review this document. We ask
you to understand that in the absence of the necessary amount of information about the alleged
violation and ownership of rights, we cannot properly respond to your application.
1. General
The Platform has been created so that people can keep in touch with their acquaintances, find new
friends and communicate.
This Procedure for the Handling of Complaints Related to Users Posting Content on the Platform
(hereinafter the “Procedure”) is an official document of Nutson and defines the Nutson policy of
settling conflicts arising in connection with the Content posted by the Users on the Platform as well
as the rights and obligations of Nutson, the Users and third parties in the process of settling such
conflicts.
When reviewing complaints under this Procedure, Nutson will be guided by the following
principles.
Lawfulness
Nutson complies with the applicable legislation and does not exercise control and censorship of
relations pertaining to the use of the technical capabilities of the Platform by the Users. The Users
shall have the right to freely use the capabilities of the Platform in accordance with the law to
exchange information, including in the course of discussion of creative work of their favorite
authors and performers, the quality and the use of goods and services of any third parties.
Support for Combating Unlawful Content
Unfortunately, some Users can use the Platform to unlawfully store, transfer, disseminate
information and intellectual property items and provide access thereto; this cannot be avoided.
Nutson may not assume the functions of law enforcement or judicial authorities and is not able to
assess in an unbiased manner whether any Content posted on the Platform is lawful. In the event of
a disputable situation, the applicant should contact law enforcement authorities and courts.
Presumption of Users Good Faith
Nutson respects its Users and assumes that the Users comply with the requirements of applicable
law and the Agreement and use the capabilities and resources of the Platform in good faith.
Nutson recommends that persons who believe that the Content posted on the Platform violates their
rights and lawful interests should first of all contact the Users who posted the relevant Content.
Experience shows that in most cases the conflict may be directly resolved without delay. If the
desired result is not achieved, the person concerned should contact Nutson in accordance with this
Procedure.
Transparency of and Ease of Access to the Procedure
Filing of complaints in accordance with this Procedure does not require any special technical or
legal knowledge and skills. Complaints shall be considered free of charge under the procedure that
is uniform for all applicants.
Nutson is committed to ensure that the technical aids used to file and to process complaints are
reliable and that all communications with the applicants are without delay.
Good Faith Applicants
Nutson shall not consider anonymous complaints or complaints filed to the benefit of any third
parties, unless the law allows such representation.
The procedure for considering complaints provided for by this Procedure should not be used by any
person solely for the purpose of creating obstacles to the lawful distribution of the Content.
The applicant shall confirm that he/she has evidence that the Content in respect of which the
complaint is filed was posted by the User on the Platform unlawfully.
2. Complaint regarding Unlawful Posting of Content
2.1. In case any Content is identified on the Platform that is posted by the Users without
his/her permission or any other legal grounds, any right holder of copyright or related rights items
(hereinafter the “Applicant”) shall have the right to file to Nutson a complaint of violation of its
copyright and/or related rights to the Content.
2.2. To contact Nutson using the technical aids of the Platform, the Applicant must use
his/her own signed up account on the Platform. This way is the fastest for the parties to interact.
2.3. When filing his/her complaint to Nutson, the person must reasonably state a
violation of his/her rights and lawful interests. The complaint must contain the following reliable
information:
2.3.1. Information on the Applicant that enables to identify and to promptly contact
him/her if required, including by e-mail:
For an individual, surname, first name, patronymic, passport data (series and
number, issued by, issued on), contact details (phone and/or fax number, e-mail address);
For a legal entity, name, location and address, contact details (telephone and/or fax
number, e-mail address).
2.3.2. Information on the specific Content (hereinafter the “Content in Question”) posted
on the Platform without the permission of the right holder or other legal grounds.
2.3.3. URL of the Platform page with the Content in Question and URL of the User’s
account and the Content in Question in order to identify the Content in Question and its original and
copies on the Platform).
2.3.4. Indication that the right holder has rights to the Content in Question posted on the
Platform without his/her permission or other legal grounds.
2.3.5. Indication that there is no permission of the right holder to post the Content in
Question on the Platform.
2.3.6. Consent of the Applicant to the processing of his/her personal data (for the
Applicant being an individual).
2.4. The Applicant shall attach copies of documents confirming the Applicant’s rights
to the Content in Question. In addition to the above documents, the Applicant shall have the right
to provide any other information, including links to official resources, proving that the Applicant
has the rights to the Content in Question. The complaint may be accompanied by documents
containing other additional information on the complaint. If the complaint is filed by an authorized
person, a copy of the document confirming his/her authority shall be attached to the complaint.
2.5. Due to hardware restrictions of the Platform, the Applicant shall make sure that the
limit of characters is not exceeded. Nutson shall not be liable for failure to take steps in relation to
any Content in Question at URLs outside the specified limit in the event of a malfunction in the
transfer of the relevant information to Nutson.
2.6. Regardless of the format for providing the URLs (directly in the web form or in an
attached document), the relevant hyperlinks must be active, i.e. one shall be able to automatically
navigate to the Content in Question without manually typing the URL.
2.7. The size of each electronic file attached to the complaint shall not be more than two
hundred (200) megabytes. By filing his/her complaint in the manner prescribed by this Procedure,
the Applicant agrees that the information on him/her and/or the persons authorized by him/her
(including personal data) and his/her application will be used by Nutson for further communications
regarding the complaint and may be sent by Nutson to the User who files his/her objections.
2.8. In case it is identified that the complaint contains insufficient information,
inaccuracies or errors, Nutson shall have the right to send the Applicant a notice of clarification of
the information provided.
2.9. The Applicant shall take steps aimed at providing the missing information,
eliminating inaccuracies and errors, and send Nutson the updated information within 24 hours from
the receipt of the notice specified in clause 2.8 of this Procedure.
3. Considering the Complaint regarding Unlawful Posting of Content and
Response Measures
3.1. If the received complaint fully complies with the requirements of clauses 2.2 to 2.7
of this Procedure and there are no signs of abuse of right described in clause 5 of the Procedure,
Nutson shall take steps required to stop the violation of the Applicant’s intellectual rights, as
described in clause 3.2 below. The date of complaint receipt shall be deemed the date of successful
sending by the Applicant of the filled in form through the Platform interface, that is displayed, in
particular, in the relevant section of the Applicant’s page on the Platform, or the date of sending the
complaint at [email protected].
3.2. Nutson shall delete the Content in Question within the period established by law
from the date the complaint or the information clarified by the Applicant is received (if the notice
specified in clause 2.8 of this Procedure is sent to the Applicant).
3.3. If Nutson has evidence confirming that the posting of the Content in Question on
the Platform is legally valid, Nutson shall have the right not to take the steps provided for by clause
3.2 of this Procedure. In any case, a dispute between right holders may be referred to a competent
court.
3.4. In case there are any questions or reasonable objections to the deletion of the
Content in Question, the User may contact the Technical Help Center of the Platform (when filing
his/her objections, the User shall provide reliable information on the rights to the Content in
Question, the grounds for having such rights and duly certified copies of documents confirming the
User’s rights to the Content in Question).
4. Abuse of the Procedure for Considering Complaints
Abuse of the opportunities of the procedure established by this Procedure is not allowed.
The following acts shall be recognized by Nutson as the abuse by Applicants:
Repeated complaints that formally meet the requirements of this Procedure but
contain knowingly false information that is proved by check results;
Falsification of documents (including electronic ones) and information;
Filing a complaint in violation of clause 2.2 of the Procedure or using an account
containing unreliable information;
Using automated mail-outs and/or bots to contact and/or to communicate with
Nutson;
Having filed to Nutson an electronic complaint under this Procedure, the Applicant
files in any other way a complaint that is the same on its merits and relates to the same Content in
Question, unless there is a reference to the number of the electronic complaint filed originally, and
vice versa;
Filing an electronic complaint in accordance with the Procedure after the complaint
that is the same on its merits and relates to the same Content in Question has been sent to Nutson in
any other way.
5. Information Storage and Confidentiality
Nutson shall have the right to store all data, documents and e-mails related to the consideration of
the complaint for three (3) years from the date the complaint consideration procedure is completed,
unless longer storage and use of the relevant information is required for the purposes of protecting
the Nutson rights. This provision of the Procedure shall not affect the time of information storage
on the personal page of the Platform used by the Applicant to file his/her complaint that shall be
determined by the Applicant.
Nutson shall not disclose the information on the progress of considering the complaint, the content
of the deleted Content in Question and complaints, except as established by the current legislation
and this Procedure