Terms of Use

Effective June 30, 2018

Acceptance of Terms

This Agreement is between you ("You" or "Your") and Far or Near LLC ("Far or Near", "We", "Our" or "Us"), a limited liability company formed and existing under the laws of the State of Wyoming. All services provided to You by Far or Near are subject to the following Terms of Use ("Terms of Use"). Use of this website or any related services (collectively, the "Services") shall constitute acceptance of these Terms of Use.

Changes

Far or Near reserves the right to update these Terms of Use at anytime. Modifications will be effective immediately upon being posted to Our website and shall supersede any such prior Terms of Use. It is important that You review the Terms of Use regularly to ensure that You are updated as to any changes made. The most current version of the Terms of Use can be viewed by clicking on the "Terms of Use" hyperlink located at the bottom of Our website or by visiting www.farornear.com/terms. The date changes were last made will be displayed at the bottom of this page. Far or Near welcomes Your feedback on these Terms of Use and may consider suggestions when making future changes.

Eligibility

Acceptable Use

You agree that You will not:

Nudity and Sexual Content

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.

Personal Safety

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.

Joint Accounts for Married Couples

Married couples may share one account, provided that both spouses agree to these Terms of Use and jointly accept responsibility for each other's use of the Services.

Ownership of Intellectual Property

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.

Far or Near grants You a non-exclusive, non-transferable, revocable license to use the Services in the intended manor. This license is conditioned upon Your acceptance and compliance with these Terms of Use and may be revoked by Far or Near at anytime.

User Content

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.

Privacy

By using the Services, You agree that Far or Near may use Your information and User Content in accordance with the Privacy Policy, which is hereby incorporated into these Terms of Use.

Copyright Compliance

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, 565 Jackson Avenue, Suite C, Satellite Beach, FL 32937, 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, 565 Jackson Avenue, Suite C, Satellite Beach, FL 32937, 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.

Links to Third-Party Websites

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.

User Feedback

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.

Vanity URLs

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.

Permitted Uses for Entities

Far or Near allows users to create, organize or maintain several different types of entities:

Violation of the Terms of Use

Should You violate these Terms of Use, Far or Near may at its discretion take any one or more of the following actions:

Termination

This Agreement may be terminated by You or Far or Near at anytime. Far or Near may terminate or suspend Your account for any reason or no reason, without prior notice or liability. You may terminate this Agreement by submitting a request to close Your account through the form available at www.farornear.com/close-account or by submitting a request through the contact form at www.farornear.com/contact. If Your request is made through the contact form without signing in, You will need to reply to the email You receive from us, verifying You are the owner of the account.

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.

Reservation of Rights

Far or Near reserves all rights not expressly granted herein. Failure by Far or Near to enforce any portion of these Terms of Use does not constitute a waiver of rights.

Disclaimer of Warranties

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.

Limitation of Liability

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.

Assignment

You agree that Far or Near may assign or transfer Our rights and/or obligations under these Terms of Use in whole or in part at anytime without Your consent.

You may not, without the express written permission of Far or Near, transfer Your rights and/or obligations under these Terms of Use.

Mediation and Arbitration

You agree that You will first attempt to settle any dispute You have with Far or Near with respect to these Terms of Use with the help of a mutually agreed-upon mediator in Brevard County, Florida. Any costs and fees other than attorney fees associated with the mediation shall be shared equally between You and Far or Near.

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.

You agree that any claim You might have arising out of or related to these Terms of Use or with Far or Near must be filled within one year after such claim arose or Your claim is permanently barred.

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.

Indemnification

You agree to indemnify and hold harmless Far or Near from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Far or Near directly or indirectly arising from or in connection with any breach by You of these Terms of Use.

Entire Agreement

These Terms of Use constitute the entire agreement between You and Far or Near with respect to Your use of the Services and shall supersede all prior understandings or agreements, written or oral, between You and Far or Near. Exceptions to these Terms of Use will not be valid unless approved in writing by Far or Near.

Severability

In the event that any provision of these Terms of Use is deemed to be unenforceable or invalid by a court of competent jurisdiction, then that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain enforceable and in full force and effect.

Governing Law

The laws of the State of Wyoming will govern these Terms of Use, as well as any claim that might arise between You and Far or Near, without regard to conflict of law provisions. You agree that any judicial proceedings permitted to be brought shall be brought exclusively in the U.S. District Court for the Middle District of Florida or a state court located in Brevard County, Florida and You agree to submit to the personal jurisdiction of such courts for the purposes of litigating all such claims or disputes.

Last Updated: 6/30/2018