Last updated: 08/03/2023
- 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