Nearal's Terms and Conditions of Use
Every Nearal users should have read these terms and conditions in full when using/sign up for Nearal. These terms apply every time any user visit Nearal and use any of its features. Here’s a quick summary:
Nearal is a place for professional social service, and Nearal currently only open for adults, which means age 18 and above.
We’re not responsible for anything that you post, live stream or say while you are on Nearal and we don’t monitor the content of the site, but if we do see or someone alerts us that you have posted something that we think is inappropriate then we are allowed at our discretion to remove it.
If you post any content that actually belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You have to take responsibility for what you post.
Please refer to our Community Guidelines and Safety Tips for additional Dos and Don’ts, and information on staying safe.
Please be aware that all the information posted on Nearal are not verified, so you need to be careful when talking with a stranger/person online; and you will be responsible for all your own actions on/through Nearal, no matter online and/or offline.
The full legal bit
Nearal is a social media (website and app) designed as a forum for searching nearby professionals, add friends, chat online, send and share text, video, audio, files, location, invoices and payment; or meeting new people, a place to have discussions and to share photos, live streaming, news and information. It is intended to be a professional place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use Nearal in a manner consistent with its purpose and which is in accordance with these terms and conditions, as well as the Nearal Community Guidelines and Safety Tips (the “Terms”). When we mention Nearal, we mean www.nearal.com, together with affiliated websites and applications.
The Terms constitute a binding legal agreement between you as user (“you”) and the Nearal company (“we” or “us”). The Terms apply whenever you visit Nearal, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on Nearal you are accepting and agreeing to be bound by the Terms.
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE APP OR SITE.
1. Use of the app and site and rules relating to Content
Who can use Nearal?
Nearal is a meeting place for adult professionals. You may only use Nearal, including any of its features, or become a registered member if you are 18 years old or older (or the age of majority in the country in which you reside if that happens to be greater than 18).
You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using Nearal you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.
You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.
What kind of content can I post or upload on Nearal?
You are able to post or upload all kinds of things on Nearal, including photographs, emails, messages, live streamed audiovisual content and other content (“Content”). You are also able to share text messages, video, audio, your location info, files, send invoices and send payments via Nearal.
There are some rules about what is acceptable though, so when you are using Nearal you may not post, send or upload any Content which:
contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
is obscene, pornographic or otherwise may offend human dignity;
is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred or bigotry;
encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
involves the transmission of “junk” mail or “spam”;
impersonates a person, company or brand with the intent to deceive or confuse others;
contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from Nearal or otherwise;
itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
shows another person where such Content was created or distributed without that person’s knowledge, and without that person having been afforded an opportunity to refuse such creation or distribution; or
contains images of children, even if you are also in the photo, or endangers minors.
Please use your common sense when picking the Content that you choose to post on, upload or send via Nearal because you are solely responsible for, and bear all liability in relation to, such Content. If you repeatedly infringe our rules, you may be prevented from using Nearal and we may disable your account or block you from further use of Nearal. We may remove any Content you submit to Nearal if we believe it violates the Terms or we are required to do so by applicable law.
Are there any rules relating to personal data like my email address?
You may not display any personal contact or banking information on your individual profile page (“Profile”) whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details, or place of work). If you do choose to reveal any personal data about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances. You are required to follow our Guidelines and Safety Tips when doing so.
What about other people’s personal data, can I use it?
You may only use other Nearal users’ personal data to the extent that your use of it matches Nearal’s purpose of allowing people to meet one another. When using Nearal Live, you may not film other people, whether or not they are Nearal users, unless you have informed them that the footage will be livestreamed via Nearal Live and given them an opportunity to exclude themselves from the footage. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. Nearal reserves the right to terminate your account or prevent access to its features if you misuse other users' information.
Some of my friends want to see all the people I’m chatting with. Can I tell them my password and let them log on as me?
The short answer is no. Only you are authorized to access your account with Nearal. You must not share your password with anyone or let anyone else access your account as this jeopardizes the security of all of the Content and personal data that you have submitted to Nearal. You are responsible for keeping your password secret and secure. If you don’t, Nearal is not liable for any unauthorized access to your account. If you suspect that someone has gained access to your account, you must let us know immediately and telling us of your suspicions or concerns. You must also immediately change your password. Nearal reserves the right to terminate your account if you violate our rules on keeping your password secure.
Who can see the Content that I put on Nearal?
When you upload Content to Nearal it can be accessed and viewed by the general public. If you do not want such Content to be viewed by others, then you can opt to use the private folders and select the person to whom you wish to give access. If you still do not want such Content to be viewed by others, then you should not upload it to Nearal. We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit, limit or block access to any Content that you upload or submit to Nearal without any incurring liability to you. We have no obligation to display any Content that you submit to Nearal, nor to check the accuracy or truthfulness of any Content submitted to Nearal, nor to monitor your use or the use of other users of Nearal.
Anything else I need to know?
When you use Nearal you agree to the Terms, and in return we grant you a limited, personal, non-exclusive and non-transferable license to use and to upload Content and to use Nearal solely for your personal use. Apart from this license, you have no other rights in the use of the site, app, or its Content or features, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the site or Content in any manner. If you breach any of the Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Content.
2. Ownership of Content
Once I have uploaded Content on Nearal, do I still own it?
Yes (provided you are the rightful owner in the first place — please see our other rules regarding posting Content that doesn’t belong to you).
Please note though that by posting, uploading or sending Content on Nearal you represent and warrant to us that:
you are either the exclusive author or owner of that Content and in all cases, you agree that you waive any and all moral rights relating to that Content (including, without limitation, any rights to be identified as the author);
you have been granted a license that allows you to use, post or upload the Content; or
you have obtained appropriate consent or authority to use, post or upload such Content.
Please note that by posting, uploading or sending Content on Nearal you represent and warrant to us that you have the right to do so, and automatically grant to us a non-exclusive, royalty free, perpetual, worldwide license to use such Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.
We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our app or site constitutes a violation of their intellectual property rights or of their right to privacy or any other law.
Who does the rest of the Content on Nearal belong to then?
Us! All text, graphics, user interfaces, trademarks, logos, sounds and artwork on Nearal are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.
Can I use any of the Content that doesn’t belong to me?
Other than in relation to Content submitted by you to Nearal, you do not have any rights in relation to the Content on Nearal and you agree that you will not use any Content in any manner which may infringe ours or any third party’s rights. This means that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of the Nearal site or the Content contained on it (other than the Content submitted by you) to anyone else.
3. Paid for services
What can I buy on Nearal?
Nearal offers you the opportunity to pay for certain services offered on the site. Nearal’s premium services include various opportunities to find and meet additional people, to customize your profile and to boost your profile so more people find you. Nearal also offers the ability to play various games on the site. All of these premium services can be purchased after you register, and you may subscribe to the premium services for various lengths of time.
Once you have paid for any premium services, you have the right to cancel and be reimbursed for all payments received within 14 days. If you wish to cancel, please let us know via firstname.lastname@example.org. Please note that if you choose to download any of the Content which forms part of any paid for service within the 14 day period, you may lose this right. After the 14 days have expired, the paid for services are non-refundable.
You can change your Auto Top-up at anytime in your payment settings on your profile page. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts.
How do I renew my premium services with Nearal?
Once you have requested a Nearal premium service, you authorize Nearal to charge your chosen payment method. If you want to cancel or change your payment method at any time, you can do either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen payment method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to Nearal are made as well as how such payments may be changed or cancelled. Your subscription to Nearal’s premium services will automatically renew until you decide to cancel, and if you have enabled the Auto Top-up feature, your account will automatically be topped up until you decide to disable this feature.
Can I transfer any of my paid for services to another Nearal user?
If you elect to partake in any of the games, premium features or range of services designed to improve your Nearal user experience, you agree to use these services for yourself and not to transfer (for free or as a sale) to or purchase or sell such services from other Nearal users. Nearal reserves the right not to honour any paid for services where you have attempted to transfer those services to another use, or you have attempted to buy those services from another user. Nearal will only provide paid for services to you if you are the person to whom it was issued.
Do my credits last forever?
No. We reserve the right to expire any unused credits expire 6 months (unless the credits are purchased through Itunes). If you delete your account or if your account is terminated by us due to breach of these Terms, you will lose any accumulated credits. If you receive free or promotional credits, we may expire them at any time. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing.
Please refer to the Service Conditions on your ‘top-up’ page for further details relating to your payments.
4. Access to the app and site
Do you guarantee that Nearal will be up and running at all times?
Unfortunately, we can’t guarantee that because sometimes we have to carry out maintenance to the app or site or they may be affected by a fault or circumstances which are outside our control, so Nearal is provided on an “as is” “as available” basis. No warranty is given about the quality, accuracy, functionality, availability or performance of Nearal and we reserve the right to suspend, withdraw, amend, modify or vary the service provided on Nearal without notice and without incurring any liability to you.
What about mobile access?
You are responsible for making all the necessary arrangements to ensure you can access Nearal (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Nearal through mobile services or any similar service currently known or developed in the future.
By accessing Nearal or agreeing to receive messages or notifications from Nearal through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.
I’m not registered and I can’t seem to access some Content or features on the app or site. Why is that?
Non-registered users are able to access only that portion of Nearal that is publicly available. They will not have a Profile but may have limited ability to upload any Content. The extent of registered users’ access to Nearal will depend on certain criteria relating to their Profile being met. We may change or update the criteria from time to time without prior notice and at our discretion.
5. Nearal Payments
How does Nearal Payments work?
Nearal allow users to send invoice to another, or send payments to another. Users can do this by clicking the icons inside the chatting window. Again, please be aware that Nearal do not responsible for any personal lost during the transactions. All personal information users put on or posted are not verified by Nearal, it is your own judgement and at your own risk to send payments to another person.
The currency of cash-out will be determined by Nearal applying its then current exchange rate which it may change in its sole discretion. Cash-outs may be subject to deductions for refunds and or chargebacks. Nearal’s exchange rate may also change due to the fluctuating value of currencies, which may change between the time they were awarded and the time you decide to cash-out.
Nearal may amend the value of any cash out or withhold any cash-out at its sole discretion.
You must have an active PayPal account or bank account to cash-out. We will not make payment to sanctioned countries.
Your account will be linked to your user account when you cash-out and the payment will be processed following any cash-out request according to the terms of Paypal or your bank. The time until pay-out varies and depends on a number of factors including the terms of Paypal or your bank. Note that Paypal may place any funds in temporary hold where there is insufficient payment history. In such cases, please contact Paypal.
Nearal does not charge a withdrawal fee to cash-out, however transaction fees of Paypal or your bank or FX rates may apply.
Note you are solely responsible for checking the terms of service of Paypal or your bank for policy details and applicability of transaction fees.
6. Nearal showcase
How does Nearal showcase work?
Nearal showcase is a place for people to post photos, videos, texts related to their professional work. Other users can comment, share, forward, like or dislike your content.
Nearal Showcase enables you to create, transmit and view post content. If you use Nearal Showcase please remind yourself of our rules on which content you may upload and ensure that you comply with those rules when carrying out any post.
What about other people’s rights when I upload a photo?
We respect other people’s rights, and you should too. We recognize that as well as uploading a photo of yourself to find your lookalike you may wish to upload a photo of someone else to find their lookalike. If you do, then you should get their permission before you upload their photo.
Equally, you should not infringe someone else’s intellectual property rights. Nearal is a professional community, so we would advise you only post contents that related to your professional work, to enhance your credibility, and so on.
Who can see the photo that I upload on Showcase?
The broadcaster shall be solely responsible for all taxes payable in respect of the cash-out and shall indemnify Nearal and its group companies against any tax liability which arises out of or in connection with the cash-out and Nearal may satisfy such amounts by way of deduction from the amount due.
Tax regulations may require Nearal to collect appropriate tax information from broadcasters or to withhold taxes from payouts in which case we reserve the right to freeze payouts or withhold such amounts as required by law.
Fraud and Termination
All cash-out transactions will be reviewed by Nearal. Nearal takes fraud extremely seriously.
If Nearal terminates your account for cause (including fraud), any outstanding tokens remaining in your account at the time of termination may be irrevocably confiscated, as determined by Nearal in its sole and absolute discretion, in accordance with our termination policy specified below.
What about other people’s rights when I upload content?
The rights of others in your post content are important and we respect them (and expect that you do too).
We have undertaken a legitimate interests assessment. The outcome of this assessment is that, whilst it should not be necessary to obtain a clear consent from any third parties in your livestream content, we require you to notify all third parties prior to shooting the footage, and provide them with an adequate opportunity to be excluded themselves from the footage. When uploading livestream content to Nearal, you are warranting that you have done so.
7. Termination of use by us
My Profile has disappeared and I can’t log in. What’s going on?
Sometimes people forget about the Terms and post Content or act in a way while on Nearal which is not consistent with the purpose of the app or site. If we think that you may be one of those people, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:
suspend or revoke your registration (where applicable) and your right to access and/or use Nearal or submit any Content to Nearal; and
make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses).
We will try (but we are not obliged) to notify you if your access to Nearal and/or your Profile is to be or has been suspended or terminated. Where you have acted contrary to our Terms, we will keep a record of it and may block future attempts by you to use or access Nearal and its features so that we can keep Nearal a fun place.
8. Termination of use by you
They say that you can have too much of a good thing… what do I do if I want to “unregister” myself from Nearal?
Content that you have uploaded to Nearal, other than your Profile (such as comments or email messages), may still appear on Nearal following termination of your registration.
Someone is not obeying the Terms, who do I tell?
You can report any abuse or complain about Content on Nearal by contacting us via email@example.com, outlining the abuse and or complaint. You can also report a user directly from a profile, by clicking the ‘Report Abuse’ link on their profile, choosing the reason for the complaint and providing us with any additional information you think fit.
We will always try our best to help resolve any issue that you may encounter with our service.
Do you have guidelines in place about what you can do with my personal data?
Are the links on the app or site anything to do with Nearal?
Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site’s compliance with any applicable laws or regulations.
12. Disclaimer of warranties and limitation of liability
I forgot the rules about conduct on here and now someone is threatening to sue me. Will your lawyers sort it out?
No. If you act in a way that upsets other users then you have to be responsible for the consequences. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of Nearal, and expressly disclaim any liability for Content uploaded by you or by any other user.
My friend is a lawyer and says that you can’t exclude liability for everything…
Nothing in the Terms limits or excludes our liability for:
death or personal injury caused by their proven negligence;
fraud or fraudulent misrepresentation; or
any liability which cannot be limited or excluded by law.
To the fullest extent permitted by law, Nearal expressly excludes:
all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
any liability incurred by you arising from use of Nearal, its services or these Terms, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if Nearal has been advised of the possibility of such damages or losses, arising out of or in connection with the use of Nearal. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any act of god. in connection with Nearal including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
Nearal’s total liability to you in respect of losses arising under or in connection with the Terms, whether in contract, tort (including negligence, breach of statutory duty, or otherwise) shall in no circumstances exceed $20.
What about the reliability of Nearal and the information contained on it?
Nearal has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Nearal and provides that information on an "as is", "as available" basis. Nearal does not give or make any warranty or representation of any kind about the information contained on Nearal, whether express or implied. Use of Nearal and the materials available on it is at your sole risk. Nearal cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Nearal is free of viruses or other harmful components. You accept that Nearal will not be provided uninterrupted or error free, that defects may not be corrected or that Nearal, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. Nearal is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. In the unlikely event that any defect is discovered within Nearal, we will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as practicable.
I forgot the rules about conduct on here and now someone is threatening to sue YOU. What now?
If we are sued as a result of your use of Nearal then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitors’ fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of Nearal, the uploading or submission of Content to Nearal by you or your conduct, other than in accordance with the Terms or any applicable law or regulation (“Claim”). Nearal retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.
What about all of those standard clauses that you see at the end of most contracts? They’re the best bit!
As you asked so nicely…
The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be are governed by and construed in accordance with English law. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail.
We reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.
If you do not accept any Change to the Terms, you should stop using Nearal immediately. Your continued use of Nearal following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.
If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
The Terms set out the entire agreement and understanding between us and you in relation to your use of Nearal and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 which shall not apply to the Terms.
www.Nearal.com is an app and site owned and operated by Nearal company.
The Terms were last updated on: 1 January 2019.