The following terms and conditions of Service (“Terms”) govern your access to and use of the platform and services offered by Nearbyfeed (collectively referred to as "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. Unless you enable privacy mode, the Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Nearbyfeed. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The form and nature of the evolving Services that Nearbyfeed provides may change from time to time without prior notice to you. In addition, Nearbyfeed may stop (permanently or temporarily) providing the Services to you without prior notice.
We take your privacy seriously. Our Privacy Policy governs the collection and use of any information you provided to Nearbyfeed.
You are responsible for safeguarding the password that you use to access the Services. Nearbyfeed cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You understand and agree that all Content posted on, transmitted through, and made available via the Service, are the sole responsibility of the person from whom such Content originated. Specifically, you are entirely responsible for any Content that you post and make available via the Service.You understand and agree that Nearbyfeed may not monitor or control, and is not responsible for any Content posted via the Services. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your sole risk.
You understand that by using the Services, you may be exposed to Content that might be offensive, indecent, harmful, inaccurate, misleading, or otherwise inappropriate.
The Content available through the Service may contain links to third-party websites or resources, which are completely independent of Nearbyfeed. You acknowledge and agree that under no circumstances will Nearbyfeed be liable in any way for: (1) the availability or accuracy of such websites or resources; (2) any Content, products or services on or available from such websites or resources; (3) any loss or damage of any kind incurred as a result of the use of any Content posted, or otherwise made available via the Service. Links to such websites or resources do not imply any endorsement by Nearbyfeed of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources
(1) business account may only be used to promote a business, organization, brands, product, or other entities, such as, public figures, celebrities, artist, bands, movie, etc.; (2) you must be an authorized representative of the subject of the business account; (3) you agree that you won't use your business account to primarily or substantially promote or advertise alcohol or tobacco products, firearms, or other products or services that may not be lawfully purchased or used by minors; (4) you won't direct children under the age of 13 (they are not legally allowed to use our Services) to your profile or any content posted by you; (5) you will only use any information collected about users for your internal business purposes in connection with your use of the Services, and in accordance with the Privacy Policy; (6) you will not use deceptive practices to let users interact with you or any content posted by you (e.g., follow you, like your content); (7) you shall not establish terms beyond those set forth in these Terms of Service; (8) you are responsible to ensure that your business account and any Content posted by you shall comply with all applicable laws, rules and regulations and the Terms of Services, as well as any privacy, advertising, marketing, or other regulations applicable to your business, organization or industries. If you commit fraud or falsify information in connection with your use of the Service, Nearbyfeed reserves the right to: (1) suspend or terminate your account, and remove those information immediately; (2) hold you liable for any and all damages that Nearbyfeed may be subject to; (3) pursue legal action through relevant local and national law enforcement authorities. Nearbyfeed also reserves the right to: (1) change its eligibility criteria at any time; (2) downgrade a business account to a general user account, or terminate a business account, or refuse to offer the Service to any person or entity, with or without cause, with or without notice, at any time, in its sole discretion.
(1) the Service allows owner of venues to use a set of business tools, such as insights and statistics, related to the use of Nearbyfeed's service at their venue; (2) venues must be approved by Nearbyfeed to become "Authorized Venues" and to access the Service; (3) if you want to claim the venue, you must be an authorized representative of the business entity, and you represent and warrant that you have the authority to bind the entity to this Agreement. Nearbyfeed may, in its sole discretion, refuse to offer the Service to any person or entity, and change its eligibility criteria at any time; (4) you represent and warrant that all information you submit is accurate and truthful. Nearbyfeed will use the contact information provided by you to verify your identity, and you hereby agree that Nearbyfeed can contact you directly or indirectly (e.g., through automated means to do so); (5) you will only use any information collected about users and venues for your internal business purposes in connection with your use of the Services, and in accordance with the Privacy Policy. You agree not to use the Service for any purpose that is prohibited by the Terms of Use and/or by applicable law. You are solely responsible for all activities that occur on your account. You agree that Nearbyfeed cannot and will not be liable for any loss or damage arising from those activities; (6) Nearbyfeed shall have the right to use, reproduce, transfer, sublicense and otherwise exploit perpetually any information, such as place, venue, latitude and longitude, or other information, that you submit, upload, post, create or add to the Service; (7) you will not use deceptive practices to let users interact with you, your venues, or any content posted by you; (8) you are solely responsible to ensure that your business information and any Content posted by you shall comply with all applicable laws, rules and regulations and the Terms of Services, as well as any privacy, advertising, marketing, or other regulations applicable to your business, organization or industries.
(1) the Service allows business account to use a set of business tools, such as special offer/campaign, insights and statistics, related to the use of Nearbyfeed's service; (2) if a business account wants to create a special offer, you must be an authorized representative of the business entity, and you represent and warrant that you have the authority to bind the entity to this Agreement. Nearbyfeed reserves the right, in its sole discretion, to refuse to offer the Service to any person or entity, and change its eligibility criteria at any time; (3) special offer/campaign must be approved by Nearbyfeed to become active and available to users of the Service. Nearbyfeed reserves the right to refuse to approve the special offer or suspend or terminate a special offer/campaign, with or without cause, with or without notice, at any time, in its sole discretion; (4) you represent and warrant that all information you submit is accurate and truthful. Nearbyfeed may use the information (e.g., contact information) provided by you to verify your identity, and you hereby agree that Nearbyfeed can contact you directly or indirectly (e.g., through automated means to do so); (5) you will only use any information collected about users, special offers, and venues for your internal business purposes in connection with your use of the Services, and in accordance with the Privacy Policy. You agree not to use the Service for any purpose that is prohibited by the Terms of Use and/or by applicable law. You are solely responsible for all activities that occur on your account. You agree that Nearbyfeed cannot and will not be liable for any loss or damage arising from those activities; (6) Nearbyfeed shall have the right to use, reproduce, transfer, sublicense and otherwise exploit perpetually any information, such as place, venue, latitude and longitude, content, photo, special offer/campaign, or other information, that you submit, upload, post, create or add to the Service; (7) you will not use deceptive practices to let users interact with you, your venues, your special offer/campaign, or any content posted by you; (8) you are solely responsible to ensure that your business information, special offer/campaign, and any Content posted by you shall comply with all applicable laws, rules and regulations and the Terms of Services, as well as any privacy, advertising, marketing, or other regulations applicable to your business, organization or industries. If you commit fraud or falsify information in connection with the use of the Service, Nearbyfeed reserves the right to to suspend or terminate your account, and suspend or remove those information immediately, to hold you liable for any and all damages that Nearbyfeed may be subject to, and to pursue legal action through relevant local and national law enforcement authorities; (9) any unauthorized or unlawful reproduction, resale, modification or trade of special is strictly prohibited; (10) special offers are redeemable for certain goods, services or experiences offered by, or facilitated through the business who creates the special offer by using the Services. The business is the provider of the special offers/campaigns, and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part. Under no circumstances shall Nearbyfeed, its directors, employees, representatives, agents, and partners be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind (even if Nearbyfeed has been advised of the possibility of such damages), arising from or related to any act or omission of the business in connection with your use of a special offer or the services/goods it provides.
You shall not: (1) create any account for someone else without such person's permission or without appropriate authorization; (2) create any account if you are under 13 years old; (3) use any user name that is offensive, or obscene or unlawful; (4) provide any false information (e.g., a false user name, etc) to the Services; (5) use a user name or account without such person's permission or without appropriate authorization. Nearbyfeed reserves the right to refuse registration of a user name, or suspend or terminate an account, with or without cause, with or without notice, at any time, in its sole discretion. If you want to terminate your account, you may do so by following the instruction available on the website: How to delete my account?
You agree not to post any Content, including but not limited to, (1) that is threatening, harassing, defamatory, abusive, unlawful, harmful, invasive of another's privacy, or is harmful to minors in any way, (2) that is obscene or indecent or pornographic, or that contains anything with strong sexual, explicit or erotic themes, or nudity or pornography, or links to such content, (3) that is for the purpose of spamming anyone, (4) that contains other people's private and confidential information, such as credit card numbers, street address or Social Security Numbers, without their express authorization and permission, (5) that promotes alcohol abuse, illegal drug use or use of tobacco products, (6) that contains or advocates rape, torture, cannibalism, suffering or death, (7) that harasses, intimidates or is hateful toward an individual or group of individuals, (8) that is false, deceptive, misleading, deceitful, misinformative, (9) that infringes other people's intellectual property rights, (10) that violates federal, state, or local laws.
Nearbyfeed reserves the right to remove any Content on the Services and to terminate user account. We also reserve the right to preserve, and disclose any information if we reasonably believe that it is necessary to, including but not limited to, (1) satisfy any applicable law, regulation, legal process or governmental request, (2) enforce the Terms, including investigation of potential violations hereof, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to user support requests, or (5) protect the rights, property or safety of Nearbyfeed, its users and the public. Nearbyfeed reserves the right to terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the suspension of all information and/or content associated with your account
Nearbyfeed respects the intellectual property rights of others and expects users of the Services to do the same. It is Nearbyfeed’s policy to respond promptly to claims of copyright and other intellectual property infringement under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices of alleged copyright infringement that comply or substantially comply with the DMCA and are properly provided to us (with information specified by the DMCA: http://www.copyright.gov/title17/92chap5.html#512), Nearbyfeed may act immediately to remove or disable access to any material claimed to be infringing or any reference or link to material or activity that is claimed to be infringing. In appropriate circumstances, Nearbyfeed will also terminate a user’s account who is determined to be a repeat infringer.
If you believe that material or content residing on or accessible through the Nearbyfeed's Website or Services has been copied in a way that constitutes copyright infringement, please send us a notice of copyright infringement with the following information: (1) a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (2) identification of the copyrighted work or materials claimed to have been infringed; (3) identification of the copyrighted work or material that is claimed to be infringing or to be the subject of infringing activity and that the copyright owner seeks to have removed or disable access to, with reasonably sufficient detail so that Nearbyfeed can locate and verify its existence; (4) your contact information, including your address, telephone number, and an email address. If you are not the owner of the copyright that has been allegedly infringed, please describe your relationship to the owner; (5) a statement that the notifier have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) a statement made under penalty of perjury that the information provided in the notification is accurate, and you are authorized to act on behalf of the copyright owner.
Nearbyfeed reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. Please notify Nearbyfeed's Designated Agent to Receive Notification of Claimed Infringement for any intellectual property infringement at:
copyright@nearbyfeed.com
Please note that we may post your notification (with personally identifiable information redacted) to a clearinghouse, e.g., http://chillingeffects.org. Please also note that you may be liable for damages (including attorneys’ fees and costs), if you materially misrepresent that an activity is infringing your copyright.
As a user of the Services, you retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You are responsible for your use of the Services, for any content you post to our services, and for any consequences thereof, including the use of your Content by other users and our third party partners. If you do not have the right to submit Content, it may subject you to liability. Nearbyfeed will not be responsible or liable for any use of your Content by Nearbyfeed in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Nearbyfeed and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.
You understand and agree that you access to and use the Services at your own discretion and sole risk and that you will be solely responsible for any damages that arise from such use. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. We make no warranty and disclaim all responsibility and liability for the accuracy, availability, security or reliability of the Services or any content. You also understand and agree that Nearbyfeed and its parent comapny will not be held responsible and liable for the deletion of, or the failure to store or to transmit, any Content maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
UNDER NO CIRCUMSTANCES SHALL NEARBYFEED, ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENT COMPANY, AND PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (EVEN IF NEARBYFEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOOD-WILL, WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES, HARM, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (2) ANY CONDUCT OR CONTENT OF ANY PERSON OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (3) ANY CONTENT OBTAINED FROM THE SERVICES; (4) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER OR NOT NEARBYFEED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE SERVICES SHALL BE TO TERMINATE USE OF THE SERVICES. IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF NEARBYFEED, ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENT COMPANY AND PARTNERS HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
We may revise these Terms from time to time. If you choose to continue to use the Services after the revisions become effective, you understand and agree to be bound by the revised Terms.
