Terms and Policy
1. Legal Information
1.1. This document is intended to inform you about the Terms and Conditions that regulate the use of the website www.Near3.com (hereinafter, the "Website") and the Application Near3 (hereinafter, the "Application").
1.2. The owner of both the Website and the Application is IN Business Solutions LLC (hereinafter "Near3", "us" or "we"), with registered address at 212 Washington Ave, Towson MD.
1.3. You can contact us at email@example.com whenever you want.
2.1. These Terms and Conditions govern the use of the Application in which Near3 offers, as a social marketplace, a platform to Users willing to buy or sell services, mediating in the sale of these services. The information regarding the treatment of your personal data is located in the "Privacy".
3. Access and acceptance of the Terms and Conditions
3.1. By entering, executing using, downloading, accessing or using the Application or the Website you will automatically be considered a User (hereinafter the "User" or "you") which requires the full acceptance of each and every provision included in this Terms and Conditions, in the version published by Near3 at the time you access or use the Website or the Application.
Consequently, please, read carefully all the legal texts applicable to the use of the Website and the Application each and every time you intend to use them.
3.2. If you do not wish to accept the present Terms and Conditions, please, do not use the Services and uninstall the Application from your device.
3.3. The use of certain services offered on the Website or in the Application may be subject to Specific Terms and Conditions that, depending on the case, may substitute complete and/or modify this document. Therefore, prior to the use of such Services, you must carefully read the corresponding Specific Terms and Conditions.
3.4. Near3 reserves the right to modify, at any time and providing notice, this Terms and Conditions, so you are obliged to periodically review this Terms and to comply with the obligations set out in the current version in each moment.
4. Required Age
4.1. Both the Website and the Application are intended to be used by adults, as defined under any applicable law in each specific case. If you are not an adult, you are not authorized to download the Application, register and create an account with us. If you are a minor, you need the permission of your legal representatives in order to use the Service. In this case, the legal representative is liable for any acts committed by the minor. Please, if you are A minor and you do not have your legal representative’s permission, stop using the Website and uninstall the Application.
4.2. You further warrant that you are an adult under the applicable law. In the event that the information you provide in this regard is not truthful, Near3 shall not be liable as it cannot certainty verify the age of the Users.
4.3. Near3 may contact you at any time requiring you to prove your age using a photocopy of an identity card or equivalent. If you deny providing identification, Near3 reserves the right to close your user profile and you will not be able to continue using the service or the Application.
4.4. To sell or purchase via the Application any type of service, users are minors under applicable law will need the specific permission of their legal representatives.
5. Creation of an account
5.1. To use or access to certain functionalities of the Application you need to register, either using your e-mail address or your Facebook account. In case you use a social network mentioned above, you authorize Near3 to access and use certain information depending on the privacy settings that you have selected in the corresponding social network.
5.2. You agree to provide accurate, current, and complete Member account information about you as may be prompted by the registration and/or login form on the Application.
6. Security of the account
By opening an account you accept and assume all liability that may arise in any activity that occurs under your username and password. You are responsible for maintaining the confidentiality of the password you designate during the registration process. You cannot share it with other people or perform acts that may diminish or undermine the security of your account. If you have knowledge that your password was compromised, you should inform us immediately in order to recover your account.
7. Installation and running the Application
7.1. Near3 grants you a license for installing and running the Application.
7.2. The installation and execution of the Application is free.
7.3. You must accept the permissions for installation and execution of the Application. From time to time, Near3 may request the granting of additional permissions to perform certain actions or enjoy certain functionalities. The lack of acceptance of some of the permits necessary for the proper operation of the Application may result in the suspension of the Services or impossibility of using the Application.
8. Features of the Service
8.1. The service will allow different actions, including:
8.1.1. Sharing with the rest of Users of Near3 information, images, photos as well as other data or personal information.
8.1.2. Putting services on sale as a seller User and making offers as a buyer User in order to buy or negotiate price services.
8.1.3. Interacting with other users of Near3 though a private chat and other ways to be implemented in the future.
8.1.4. Sharing service offers in other platforms or social networks other than Near3.
9. Intellectual property rights
9.1. Ambatana Holdings BV (The Netherlands) is the holder of the rights of intellectual and industrial property, or has obtained the necessary authorizations or licenses for its exploitation, associated with the application, the software, its database, the trademarks and any other distinctive signs, the content posted and the rest of works and inventions or content related to the Application and the technology associated with it.
9.2. The contents of the Application, including the design, applications, text, images and source code, are protected by intellectual and industrial property rights.
9.3. The contents of this Application, the database of users, the screenshots or the Website may not be used, reproduced, broadcasted, copied, processed or transmitted in any form without the prior permission in writing of Near3.
9.4. Near3 assumes no responsibility for the intellectual or industrial property rights of the content that seller Users include in the offerings of its products and services.
10. Waiver of responsibility
10.1. Near3 is a platform that brings together buyers and sellers for a service. Near3 is not the owner and has no control of the product or service sold through its platform, unless otherwise stated, and is not a party to the transaction of the sale carried out exclusively between buyers and sellers and does not review the services that Users provide though the Application. As a consequence, Near3 shall not be responsible, either directly or indirectly, for any disagreement between the parties.
10.2. All information of the services published on the Application or the Website has been built and published by the USER which is selling the service. Consequently, Near3 cannot guarantee the quality of the same, as well as the veracity of the images and/or descriptions published by the seller Users.
10.3. Any claim or dispute that may arise between Users of the Service shall be settled by them, committing themselves to hold Near3 harmless.
10.4. Near3 service is limited to employ the utmost diligence to ensure the proper technical functioning of the platform.
10.5. Near3 shall in no case be responsible for the content operation and/or data protection or other terms referred to in other web sites or applications that may be accessed by the inclusion of a link on the Service, or the content, services or products offered on the same, unless such sites are owned by Near3. The hyperlinks contained in the Website or in the Application may lead to third party web sites. Near3 may incorporate them to facilitate the navigation of the User, assuming no responsibility for the content, information or services that may appear on those sites, which will be exclusively informative and in no case imply any relationship between the third party and Near3.
10.6. Near3 develops maximum diligence in the implementation of security measures, however assumes no responsibility or liability whatsoever with regard to the custody and proper use of the passwords for access to the WEB SITE, which will be the sole responsibility of the User.
11. Warranty of services or product
11.1. Near3 does not assume any responsibility nor warrants the products and services sold by using the Near3 Application The transaction takes places and is decided exclusively between the buyer and seller, and Near3 only provides the use of the application.
12. Exclusion of liability
12.1. User access to the Website or Application does not imply for Near3 the obligation to monitor the absence of viruses, worms, or any other harmful technical element. It is you, in any case, the sole responsible for making available the adequate tools for the detection of harmful computer programs.
12.2. Near3 is not responsible for any damages incurred in the software and computers of users or third parties during the use of the services offered on the Website or the Application.
12.3. Near3 shall not be liable for damages of any kind that you are caused to bring cause of faults or disconnections in telecommunication networks that produce the suspension, cancellation or interruption of service of the Website or the Application.
13. Prohibited items
13.1. Near3 prohibits the listing or sale of any services that are illegal under any applicable law, statute, ordinance or regulation at a local, state, provincial, national or international level.
13.2. Some examples of items that are not allowed:
· Item infringes trademarks, copyrights or any other IP rights of third parties.
· Item is perishable (food etc.) or live animals.
· Photo or text containing a reference to another website, app or merchant.
· A service listed as "free" but is not intended to be given away.
· There is no realistic price set for the item.
· Duplicated listings
· All types of illegal services and products
· Hacking services
· Hazardous Materials and services
· Fireworks, Destructive Devices and Explosives making services
· Facilitate illegal activity
· Anything to do with Lottery Tickets, Sweepstakes Entries and Slot Machines
· Obscene Material and ALL types of Pornography and sexual services
· All type of offensive material
· Pictures or images that contain frontal nudity
· Sexually suggestive services
· Stocks and Other Securities related services
In addition, Near3 reserves the right to remove any listings that we consider inappropriate or unfit for posting. Our policies are often based on applicable laws and regulations, although in some cases, we may make listing decisions based on input from our users and our own discretion, especially for dangerous or sensitive items.
14. Rules of Use
14.1. You agree to use the Website and the Application and its contents and services in accordance with the law, the morality, and the public order and in accordance with these Terms and Conditions. You are also obliged to make a proper use of the services and/or contents and to not use them to conduct illegal activities or constitute criminal offenses that violate the rights of third parties and/or violate the regulation on intellectual and industrial property, and any other rules of the applicable legal provisions.
14.2. You are solely responsible for the interaction you establish with other Users of the Service and for all Content that you upload, post or transmit through the Website or Application. You also guarantee that you are not infringing any third party right by the content uploaded.
14.3. In addition, you agree and acknowledge that Near3 in no case will be held liable for the conduct of other Users.
14.4. Near3 prohibits the use of automated software and Posting Agents, directly or indirectly, without the express written permission of Near3. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service to in order to post content on behalf of others, except with express written permission or license from Near3. As used herein, the term "Posting Agent" refers to a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others
14.5. You agree not to transmit, enter, disseminate and make available to third parties any type of material and information (data, content, messages, drawings, sound files and image, photos, software, etc.) that are contrary to the law, morality, public order and these Terms and Conditions. You agree NOT to:
I. Enter or disseminate content or propaganda which may be considered racist, xenophobic, pornographic or contrary to the human rights.
II. Enter or disseminate in the network data programs (viruses and malicious software) that might cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet.
III. Disseminate, transmit or make available to third parties any information, element or content that violates the fundamental rights and civil liberties recognized in international treaties.
IV. Disseminate, transmit or make available to third parties any information, element or content that constitutes unlawful or unfair advertising.
V. Enter or disseminate any information and content false, inaccurate or ambiguous in a manner which is misleading in the recipients of the information.
VI. Disseminate, transmit or make available to third parties any information, element or content involving a violation of the intellectual and industrial property rights, patents, trademarks or copyright that correspond to Near3 or to third parties.
VII. Crawl, scrape, collect, store or access the database of Near3 or collect all or part of the database of ads and users of Near3.
14.6. You agree to hold Near3 harmless of any possible claim, fine, penalty or punishment that can come to bear as a result from your breach of any of the rules stated in this document, reserving Near3 the right to request compensation for damages.
14.7. Near3 develops maximum diligence in the control of the data and other content to be displayed in the Website and in the Application. If in spite of this you identify an error or incompleteness, we kindly ask you to notify us at the email address firstname.lastname@example.org .Near3 will reply as soon as possible.
15. Notice and take down
If you believe your copyright-protected work was posted on Near3 without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and easiest way to notify Near3 of alleged copyright infringement is via our webform: email@example.com
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests
· A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address or item number) of the location where the copyrighted work exists or a copy of the copyrighted work
· Identification of the URL or other specific location on the Service where the material that you claim is infringing is located
· Your address, telephone number, and email address
· A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
16. Nullity and inefficiency of the clauses
If any clause included in the present Terms is declared total or partially void or inefficient, it will only affect that provision or the part of the same which is considered to be void or ineffective, surviving the present Terms and Conditions in everything else, considering such a provision wholly or partly not included.
17. Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the legislation of the United States of America. You and Near3 agree to submit any dispute that might arise in the delivery of the products or services subject to these Terms and Conditions, to the Courts of New York, United States of America or to the applicable jurisdiction in case of contracting with consumers.