https://www.neargroups.com from now on 'Neargroups'.
Date of last update: 26 May 2019
Who can use the Services?
You may use the Services only if you agree to enter into a binding contract with Neargroups and you are not a person barred from using the Services under the laws of your applicable jurisdiction. In any event, you must be at least 18 years old to use the Services. If you accept these Terms and use the Services on behalf of a company, organisation, government or other legal entity, you represent and warrant that you are authorised to do so and have the necessary powers to bind it to these Terms, in which case the use of the words 'you', 'your' and 'your' in these Terms will refer to such legal entity.
You are responsible for your use of the Services and any Content you provide, including compliance with applicable laws, rules and regulations. You must only provide us with Content that you wish to share with others.
Any reliance you place on any Content or material posted on or obtained through the Services, or any use you make thereof, is at your own risk. We do not endorse, support, affirm or guarantee the truthfulness, accuracy or reliability of any Content or communication posted via the Services, nor do we endorse any opinion expressed via the Services. You understand that by using the Services, you may be exposed to Content that may be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, to postings that may have been misinterpreted or otherwise deceptive. All Content is the sole responsibility of the person producing it. We do not monitor or control the Content posted via the Services, and cannot be held responsible for such Content.
We reserve the right to remove Content that violates the User Agreement, such as copyright or trademark violations, impersonation, unlawful conduct or harassment, or any content that we believe may be harmful to Neargroups.
Your rights and assignment of rights to content
You retain your rights to any Content you submit, post or display through our Services. You own your Content (and any embedded audio, photos and videos that are considered part of the Content).
By submitting, posting or displaying Content 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 (whether now known or later developed). This license authorizes us to make your Content available to the rest of the world and to allow others to do the same. You agree that this license includes the right of Neargroups to provide, promote and enhance the Services and to make content submitted to or through the Services available to other companies, organizations or individuals for syndication, broadcast, distribution, promotion or publication of such content on other media and services, subject to our terms and conditions for the use of such Content. Such additional uses by Neargroups or other companies, organizations or persons may be made without compensation to you with respect to Content you submit, post, transmit or otherwise make available through the Services.
You represent and warrant that you have, or have obtained, all necessary rights, licenses, consents, authorizations, power and authority to grant the rights granted herein for any Content you submit, post or display on or through the Services. You agree that such Content will not contain materials that are subject to copyright or other proprietary rights, unless you have the necessary permissions or are otherwise legally able to post the materials and to grant Neargroups the license described above.
Use of the Services
Our services are in constant evolution. As such, the Services may change from time to time, at our discretion. We may stop providing the Services to you or other users generally (either permanently or temporarily) or any features thereof. We will also retain the right to set limits on use and storage in our sole discretion at any time. We may also remove or refuse to distribute any Content that is on the Services, suspend or terminate users and claim usernames without any liability to you.
In consideration of Neargroups and your access to and use of its Services, you agree that Neargroups and its suppliers and partners may place advertisements on the Services or advertisements related (typically, Google Adsense) to the content or information displayed on the Services that you have submitted or that others have submitted. You also agree not to misuse the Services, for example, by interfering with or accessing them using a method other than the interface and instructions provided by us.
Review the Neargroups Rules, which are part of the User Agreement and which describe the prohibitions on the Services. You may use the Services only if you comply with these Terms and with all applicable laws, rules and regulations.
We believe that everyone should be able to meet people through our services instantly, without any obstacles. In order to protect the security and user experience of Neargroups, we have set some limits on the type of content and behaviors tolerated. These limits are stipulated below in the Neargroups Rules.
All persons accessing or using Neargroups services must abide by the policies set forth in the Neargroups Rules. If they do not, Neargroups may take one or more of the following steps to ensure compliance:
- request that you remove prohibited content as a condition of continuing to create new posts and interact with other Neargroups users;
- temporarily limit your ability to create posts or interact with other Neargroups users;
- request that you verify ownership of your account with a phone number or email address;
- or permanently suspend the account(s).
If you try to avoid a permanent suspension by creating new accounts, we will suspend the new accounts.
We reserve the right to modify the Rules when necessary.
The policies stipulated in these Neargroups Rules govern the organic content of our platform.
Rules: Content limitations and use of Neargroups
Brand: We reserve the right to suspend your account(s) or take other appropriate action if you use another's brand or trademark in a manner that may mislead or confuse others as to your affiliation with that trademark.
Copyright: We will respond to clear and complete notices of alleged copyright infringement.
Graphic violence and content not suitable for minors, We consider graphic violence any type of gruesome multimedia content that shows death, serious injury, violence or surgical procedures. We consider unsuitable content for Neargroups any media content that is pornographic or intended to generate sexual arousal.
Unlawful use: You may not use our service for illegal purposes or for the promotion of illegal activities. By using Neargroups, you agree to comply with all applicable laws governing your online behavior and content posted on the Internet.
Inactive accounts: Neargroups can also delete accounts that remain inactive for more than six (6) months.
Mailing errors: If you indicate to us a mail that does not exist, or that marks us as spam, or that has the full hard disk or simply marks us error when sending any type of email, we keep the right to eliminate that account at any time.
Rules: Abusive behavior
We believe in freedom of expression and open dialogue, but this fundamental philosophy is of little use if voices are silenced because people are afraid to speak out. To ensure that everyone feels safe to express diverse opinions and beliefs, we prohibit behaviour that enters the realm of abuse, and that includes harassment, intimidation or the use of fear to silence the voice of others.
Context is relevant when assessing abusive behaviour and determining appropriate measures to ensure compliance with policies. Factors we may consider include, but are not limited to, the following:
the behavior is directed at a particular person or group of people;
the complainant is either the recipient of the abuse or a witness;
the behavior is newsworthy and of genuine public interest.
Rules: Violence and physical harm
Violence: You cannot make specific threats of violence or express a desire for physical harm, illness or death to a person or group of people. This includes, but is not limited to, threatening acts of terrorism or promoting terrorism. Nor can you affiliate with organisations which, either through their own statements or activities both inside and outside the platform, use or encourage violence against civilians to benefit their causes.
Suicide and self-harm: You cannot encourage or promote suicide or self-harm. If we receive a report that a person is threatening to commit suicide or self-harm, we can take a number of steps to help the person. For example, we can contact the person and offer resources, such as contact information for our mental health partners.
Sexual exploitation of children: You can't encourage the sexual exploitation of children. We have zero tolerance for child sexual exploitation.
Rules: Abuse and Hate Speeding Behavior
Abuse: you cannot participate in harassment directed at a person or incite others to do so. We consider it abusive behavior to attempt to harass, intimidate or silence another person's voice.
Unwanted sexual advances: You can't behave abusively toward another person by sending them unwanted sexual content, sexually objectifying them, or engaging in other inappropriate sexual behavior.
Hate speech behaviour: you may not encourage, threaten or harass others because of their race, ethnic origin, nationality, sexual orientation, gender, gender identity, religious affiliation, age, disability or serious illness
Visible images and names that incite hatred or denote sexuality: you may not use hate speech images or symbols in any image or profile name. You also may not use your username, visible name, or profile biography to engage in abusive behavior, such as conducting targeted harassment or expressing hate against a protected person, group, or category.
Rules: Private information and intimate multimedia content
Private information: You may not publish other people's private information without their express authorization and permission. The definition of private information may vary depending on local laws.
Intimate multimedia content: you may not post or share intimate photos or videos of another person that have been produced or distributed without that person's consent
Threats of disclosure or hacking: You may not threaten to disclose another person's private information or intimate media content. You also may not threaten to hack or illegally access another person's digital information.
You may not impersonate other people, groups or organizations in a way that attempts, or in fact succeeds, in confusing, misleading or communicating a wrong idea to others. While you can manage parody accounts, news sources, comments and fans, you cannot do so if the purpose of the account is to send spam or commit abuse.
Rules: Spam and security
We strive to protect NearGroups users from technological abuse and spam.
In order to promote a stable and secure environment in Neargroups, we do not allow you to do or attempt to do any of the following while using or accessing Neargroups.
- Accessing, tampering with, or using non-public areas of Neargroups, Neargroups computer systems, or the technical execution systems of Neargroups providers
- Examine, scan or test the vulnerability of any system or network, or bypass any security or authentication measures.
- Access, investigate, or attempt to access or investigate Neargroups by any method (automatic or otherwise) other than through the interfaces that Neargroups has provided and posted (and only according to the terms and conditions), unless you have been specifically authorized to do so in a separate agreement with Neargroups. The use of web spiders on Neargroups is not permitted and copying content from Neargroups without the prior consent of Neargroups is expressly prohibited.
- Falsifying any TCP/IP packet header or any part of the header information in any email or posting, or using Neargroups to send altered, misleading, or false-source identification information
- Interfering with or disrupting the access of any user, host, or network, including: sending viruses, overloading, overflowing, spamming, or email-bombing Neargroups services, or using scripts for the creation of content in a manner that interferes with or creates an undue burden on NearGroups
All accounts participating in the following activities may be temporarily blocked or permanently suspended:
- Malicious/phishing software: You may not post or link to fraudulent content that is intended to damage or harm another user's browser or computer, or compromise their privacy.
- Spam: you may not use the services of Neargroups for the purpose of sending spam. Neargroups spam is often defined as a mass-scale activity intended to manipulate or disrupt Neargroups, or the Neargroups experience for users, to direct traffic or attention to unrelated accounts, products, services, or initiatives. We also consider spam the abusive use of the tool of creating posts in a short space of time.
You may need to create an account to use some of our Services. You are responsible for the security of your account, so you should use a strong password and limit your use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above conditions.
You can control most of the Services' communications. We may need to provide you with certain communications, such as service announcements and administrative messages. Such communications are considered part of the Services and you will not be able to opt out of receiving them for yourself or your account.
Your license to use the Services
Neargroups grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services provided by Neargroups, as authorized in these Terms.
Nothing in these Terms gives you the right to use the name of Neargroups or any of the trademarks, logos, domain names, or other distinctive features of the mark. All right, title and interest in and to the Services (excluding Content provided by users) is and shall remain the exclusive property of Neargroups. Any feedback, comments or suggestions you may provide regarding Neargroups or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit without any obligation to you.
Cancellation of these Terms / Termination of your account
You can cancel your legal agreement with Neargroups at any time by sending an email to [email protected]
We may suspend or terminate your account, or cease to provide all or any part of the Services, at any time and for any reason, or without reason if we believe that it affects the proper functioning of our services.
Limitations of liability
By using the Services you agree that the liability of Neargroups, as well as its parent companies, subsidiaries, related companies, officers, directors, employees, agents, representatives, partners and licensors, shall be limited to the maximum extent permitted in your country of residence.
We may revise these Terms from time to time. Changes will not be retroactive and the most current version of the Terms, which can always be found in the Content link, will govern our relationship with you. Other than changes to new features or changes made for legal reasons, we will provide you with 30 days notice of any changes to these Terms that affect the rights or obligations of any party to these Terms, for example, through a service notification or an email to the email address associated with your account. By continuing to access or use the Services after such changes become effective, you agree to be bound by the revised Terms.
In the event that any provision of these Terms is held to be invalid or unenforceable, then such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect. The failure of Neargroups to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.