Last updated: 08/03/2023
Introduction and Acceptance of Terms By using our application, you agree to be bound by these terms of use. If you do not agree with these terms, please you may not use the Services. User Content
You are solely responsible for any content you post, upload, or otherwise submit to our application, including but not limited to text, photos, and videos. You agree that you will not post any content that is illegal, infringes on the rights of others, or is otherwise offensive or objectionable. Safety and Respecting the Rights of Others We take safety and respect for the rights of others seriously. You are responsible for anything that happens in your account, so please keep it secure. You agree not to harass, stalk, or harm other users of our application. You also agree to respect the intellectual property rights of others. Registration Information You agree that the registration information you give to us is true and that you will keep it up to date. We reserve the right to terminate your account if we discover that you have provided false information. Modifications to Terms of Use We reserve the right to modify these terms of use at any time, with or without notice. Your continued use of our application after any such modification constitutes your acceptance of the modified terms. Safety and Respecting the Rights of Others You are solely responsible for your use of the Services and any content that you post, send or store through the Services. You agree not to upload, post, send, comment on or store content that:
- violates or infringes any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- promotes an illegal activity or that impersonates any other person or entity, including Nearby;is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
- is harmful to minors in any way or targeted at persons under the age of 13 (or such other age as determined by us at our sole discretion, taking into account factors such as the jurisdiction in which you are a resident);
- spams or solicits Nearby users to purchase anything;requests any form of identification or illegal content from Nearby users;
- orinterferes with the positive experience of other users of the Nearby Platform, in Nearby’s discretion.
You agree not to use the Services to:
- upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
- collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers);disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g. a denial of service attack);
- attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g. through password mining);
- orinterfere with another user’s use and enjoyment of the Services.
Use of Your Username and Profile Picture By using the Services, you grant Nearby the permission to use your username and profile picture for accounts, ads, and sponsored content. Subscription Section
We offer premium and gems for payment in the Services. By purchasing premium or gems, you agree to pay all fees and applicable taxes, as well as any other charges incurred in connection with your use of the Services. We reserve the right to change the pricing of the Services at any time. Disclaimer of Warranties You understand and agree that the services and the content are provided on an “as is” and “as available” basis. Nearby AS and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Limitation of Liability In no event shall Nearby AS, its affiliates, subsidiaries, officers, directors, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential Indemnification You agree to defend, indemnify and hold harmless
Nearby AS, its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the services; (ii) your violation of any term of these terms of use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. Governing Law and Jurisdiction These terms of use shall be governed by and construed in accordance with the laws of Norway, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these terms of use or the services shall be filed only in the courts located in Tønsberg, Norway, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Contact us If you have any questions about these terms of use, please contact us Support@nearby.gg
These Terms of Use are concluded between you and Nearby AS, and not with Apple Inc. (“Apple”). By using our nearby social network application, you agree to these terms of use and any updates to them. Please contact us if you have any questions or concerns.
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