Effective September 1, 2018
You agree that You will not:
We do not allow posting or linking to content that is obscene, pornographic or sexually explicit.
Content depicting non-sexual nudity that is primarily scientific, educational, documentary or artistic may be permitted in areas of the Services where it is relevant, reasonably expected and not accessible by minors or without first logging in. Such content may not depict the nudity of a minor or be used in banner images or profile photos.
FAR OR NEAR PROHIBITS CHILD PORNOGRAPHY.
FAR OR NEAR DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS OF USERS OF THE SERVICES. Far or Near reserves the right to conduct any criminal background check, at any time using available public records.
You are solely responsible for Your interactions with other users. You should exercise caution when agreeing to meet with other users outside of the Services.
Far or Near advises against sharing personally identifiable information, such as Your real name, address or phone number.
With the exception of third party materials that Far or Near uses with permission or in accordance with applicable law, Far or Near owns all software, design, text, multimedia content and other intellectual property related to the Services (collectively, the "Intellectual Property"). The Intellectual Property is protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
User Content shall mean all images, videos, posts, comments, messages, and other content You submit, transfer or otherwise provide to the Services. You retain ownership of Your User Content. However, You grant Far or Near a world-wide, royalty-free, non-exclusive, irrevocable, sub-licensable, transferable license to use, store, reproduce, publish, adapt, modify, translate and distribute Your User Content in any existing or future media. This license is necessary for Us to store, process, transmit and/or display Your User Content to other users through the Services.
Far or Near may unpublish, modify or remove User Content from the Services for any reason or no reason and without notice or liability.
You agree that You will not post any content to which You do not own the rights, without the permission of the content owner. If You are a copyright owner, or are authorized to act on behalf of one, You may provide notification of alleged infringement under the Digital Millennium Copyright Act ("DMCA") by sending written correspondence to Far or Near LLC, 1329 Bedford Drive, Suite 2, Melbourne, FL 32940, Attention: Copyright Agent. You must include:
To ensure compliance with the DMCA, Far or Near will take action on receipt of notice of alleged copyright infringement.
If Your User Content is removed or disabled because of a notification under the DMCA and You do not believe Your content to be infringing, You may make a counter-notification. You may do so by sending written correspondence to Far or Near LLC, 1329 Bedford Drive, Suite 2, Melbourne, FL 32940, Attention: Copyright Agent. You must include:
Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If You are not sure that the material was removed or disabled as a result of mistake or misidentification, You should first consider consulting an attorney.
Far or Near is not responsible for the content of third-party websites that are linked to through the Services. If You choose to visit third-party websites, You do so at Your own risk.
In the event You provide Far or Near with feedback or suggestions relating to the Services, You agree that Far or Near may implement and shall own the rights to any idea You share with Far or Near or any officer, employee, independent contractor, investor or other party representing Far or Near.
The Services may allow You to choose a custom URL, referred to as a vanity URL, for Your profile or a group or place You manage.
You may not use:
We reserve the right to reclaim, reassign or remove vanity URLs for any reason or no reason and without notice or liability.
Far or Near allows users to create, organize or maintain several different types of entities:
Upon termination of this Agreement, Your license to use the Services shall be revoked immediately and You may no longer use or access the Services. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, limitation of liability, warranty disclaimers and ownership and User Content license provisions.
Termination of this Agreement or Your access to and use of the Services shall not limit any liability You might have to Far or Near or any third-party or relive You of any obligations arising or accruing prior to such termination.
FAR OR NEAR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED FOR THE SERVICES. FAR OR NEAR ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT YOU MAY SUFFER. FAR OR NEAR SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH THE SERVICES.
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAR OR NEAR SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF $50 OR THE AMOUNT, IF ANY, YOU PAID US IN THE TWELVE MONTHS PRIOR TO THE ACTION THAT GAVE RISE TO LIABILITY.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, You agree that the dispute will be settled by binding arbitration in Brevard County, Florida under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO RESOLVE ANY DISPUTES WITH FAR OR NEAR ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Last Updated: 9/1/2018