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Last Updated: December 4, 2016

 

General Terms of Service

Please, read these terms of service (“Agreement” or “Terms of service” carefully before using the services offered by Flagworlds sprl (“Neareo”). These terms and conditions govern your access to the use of Neareo’s website and mobile application. A statement of our Privacy Policy and Cookies Policy can be found here: https://neareo.com/cookieshttps://neareo.com/privacy .

 

Section 1. Definitions

 

 “You” and “your” refer to you, as a User of the Site or of a Channel Master of the Site.

“ We”, us” and “our” and "Neareo" refers to Flagworlds sprl.

 A “Channel Master” is someone who create and manage a community called “Channel” around what he thinks is relevant or useful for him and for the others.

The « Site » refers to the Neareo.com website providing the Flagworlds sprl Services.

The « Apps » refers to the Neareo mobile applications providing the Flagworlds sprl Services.

“User” is someone who accesses, browses, or in any way uses the Site or the mobile Apps.

 Content” means text, images, photos, audio, video, location data, and all other forms of data or communication that are viewed, collected, transmitted, stored or shared by Users using the Services. 

 A “Flag” correspond to locations or events that a user and/or Channels Master can add to a Channel.

A “Channel” is a map and an index where each member of the community can generate events and index geolocated information in the specific niche addressed by that Channel.

 

Section 2. Acceptance of the Terms of service


By accessing or using the Site or mobile application, you are agreeing to these Terms and concluding a legally binding contract with Neareo, FlagWorlds sprl Apps and Site, a Belgian corporation headquartered in Brussels, Belgium. Do not access or use the Site or the mobile application if you are unwilling or unable to be bound by the Terms.

In the future, Neareo might offer other services for which conditions of use must be accepted before use.

These conditions reflect the entire agreement between you and Neareo for access and use of the website. They cancel and replace all prior communications and proposals, in electronic form, written or oral, between you and Neareo.


Section 3. Membership


Our Services are available to all individuals who are at least 13 years of age. But the subscription of the minors must be filled by their parents or legal representative. These persons are responsible for the respect of terms of services by the minor and are specially informed that the minors registered can use without restriction the count registered with their authorization. However, it should be noted that some channels will be accessible only from the age of 18. By registering to use our Services, you or your parents or representative represent and warrant that you are at least 13 years of age. Our platform is not available to any temporarily or indefinitely suspended User or Channel Master.

We have the right, in our sole discretion, to suspend or terminate your use of our platform and refuse any and all current or future use of all or any portion of our platform.

 

Section 4. Software

 

You acknowledge that the Services and the related software are proprietary to Neareo, are protected by intellectual property rights and contain information, know-how or trade secrets that are confidential information proprietary to Neareo and are commercially valuable to Neareo. You shall not remove any proprietary notices or labels from any of the Services. 

You shall not reproduce, alter, modify, redistribute, make available, sell, lend, rent, auction, translate, make a derivate work of, decompile, reverse engineer, disassemble or otherwise reduce any of the Services to a human-readable format.

 

Section 5. Description of the services offered

 

Neareo offers, via its website and its mobile app, a friendly and innovative tool allowing you:

 

- To generate social dynamics thanks to the geographic services and capabilities it offers such as geocoding Points-of-Interests (POI) - or geotagging short-lived events - called Flags (“ Flags”) in a Community-Based Geosocial Network which consists in a collection of communities conceived to serve passionate people all around the world; 

-  To centralize all the areas of interests of a typical user on a single platform, in groups around their passions and hobbies. The Neareo platform is therefore a combination of thousands of micro-communities, called Channels (“Channel”), where each member of the community can generate events and index geolocated information in the specific niche addressed by that Channel;

- To join as many Channels as you want. The system notifies its users of permanent attractions and short-lived events taking place in their local environment through Push Notifications. It allows its users to meet new people and make new friends that share their affinities and hobbies, generate or attend events, share their experience and live new ones together. 

- To create Channel in such manner that there are very few boundaries in terms of creativity. It is in the hands of the user creating a Channel - the Channel Master - to create a community around what he thinks is relevant or useful for him and for the others. 

- Once the Channel is created, to join and add new Flags, which correspond to locations or events. All users of the new community may receive notifications as they get within the vicinity of a Flag on that Channel, or he can browse Flags relative to their position. In other words, the user does not need to spend time searching for information, as information comes to him instead.

The operations are performed between members of Neareo (Users and Channel Masters) at their own risk and under their own responsibility.

Neareo reserves the right to charge a fee or financial amount for the use of the Services or the related software under either the license or the provision of maintenance or support services, or for personalized versions of the Services, subject to Your agreement and under such Additional Terms as agreed upon with you.

 

Section 6. Rules of access

 

Only Neareo members who have created a user or Channel Master account may access and use the Web service or the mobile app. The Site contains also free content publicly accessible. 
By accessing the Neareo website or mobile app, you agree to provide accurate, current and complete information and profile and ensure its regular updating. Otherwise, Neareo will be entitled to suspend or terminate your account and refuse access to all or part of the website.
To access our services, you will chose a login and a password.

 

Section 7. General use of platform

 

Neareo may establish general practices and limits concerning use of the Service, and including, but not limited to, set a number of days maximum during which messages will be posted, etc.

Neareo does not warrant for the deletion or failure to store any message, communications or other content maintained or transmitted through the website.

Neareo is finally free to delete any account remained unused for some time. 

You expressly agree not to:

  • upload, post, transmit, email or otherwise make available any Content that is unlawful (contrary to the Belgian law or the law of the country where is located the User), harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;

  • view, post, upload, transmit, any content that is contrary to the Belgian law or the law where the User is located;
  • harm in any way minors users;
  • try to mislead other users by usurping the name or company name of other persons and especially by pretend to be an employee or affiliate of Neareo, a moderator, a guide, or hosting;
  • upload, post, transmit, email or otherwise make available any Content that infringes any patent, trademark, trade secret, intellectual property rights or other property rights of any party;
  • upload, post, transmit, email or otherwise any unsolicited advertising or promotional material other than that authorized by Neareo or these Terms;
  • upload, post, transmit, email or otherwise make available any Content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer or telecommunications tool without this list being limitative;
  • commit any action with a disruptive effect on the ability of users to access the Neareo platform or mobile app;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or refuse/deny any requirements, procedures, rules general or regulatory provisions applicable to networks connected in the service ;
  • violate, intentionally or not, any national or international law or regulation in force and any other rules having the force of law;
  • harass in any way whatsoever another or several other users;
  • reproduce, copy, sell, resell or exploit for any commercial purposes any part of the Service, use of the Service, or access in the service.

You may make use of the Services for non-commercial or for professional purposes, but you are not allowed to reproduce, communicate to the public, make available, distribute, sell, rent, lend, or otherwise dispose of, the Services, nor the related software, otherwise than as expressly authorized under the Terms of Service.

 

Section 8. Suspension or interruption of the access to the application

 

Neareo reserves the right at any time and for any reason whatsoever, to modify or discontinue, temporarily or permanently access to all or part of the website, without having to inform you in advance.

Neareo shall not be liable for any direct or indirect damage due to a modification, suspension or discontinuance of the Website or the mobile app.

You agree that Neareo has the right to terminate all or part of the right of access for your account and your password or delete your account and password for any reason without prior notice, especially if can Neareo legitimately believe that you have violated or acted inconsistently with these Terms and / or any legal provision in force.

Neareo shall not be liable for any direct or indirect damage resulting from the termination of your access to the website for any reason whatsoever.

 

Section 9. Hypertext Links

 

Neareo has no control over the linked sites and more generally on Internet resources listed.
Neareo is therefore not responsible for the availability of such external sites or resources, and shall bear no liability for the content, advertising, products, services or other materials on or available from such sites or resources.

Neareo will not be held liable for any proven or alleged damage or loss resulting from or in connection with the use or the fact of having trusted the content, goods or services available on these sites or external sources.

Finally, if in the context of research conducted on neareo.com or on the mobile app, the result of it brought you to point to sites, pages or forums whose title and / or contents constitute an offense under Belgian law, particularly given the fact that Neareo can not control the content of these sites and external sources, you must interrupt your viewing the site otherwise you shall incur the sanctions provided for under Belgian law or answer to legal actions initiated against you.

 

Section 10. Intellectual Property Rights

 

The information, logos, designs, trademarks, designs, slogans, etc. presented on the Site are protected by the intellectual property law (copyright, trademark law, patent law, etc.).

Unless expressly authorized for this purpose by Neareo or the prospective advertiser, you are not allowed to modify, reproduce, lease, loan, sell, distribute or create derivative works based in whole or part on the elements present on the website or mobile application.

You may not (and you can’t grant others permission to) copy, modify, create a derivative work, reverse engineer, disassemble or otherwise attempt to find the source code, sell, assign, sub license or transfer in any way whatsoever any right pertaining to the service.
You finally agree not to modify in any way the website or not to use modified versions of the website including (but not exclusively) to obtain unauthorized access to the website. You are prohibited to access by means other website than the interface provided to you by
Neareo.

The Content you submit when using the Services is subject to a permanent, non-exclusive, assignable, sub-licensable, royalty-free, worldwide license which you grant Neareo and whereby you allow Neareo to copy, make available, publicly perform or display, distribute, adapt, and otherwise use, any such Content for the purposes of performing the Services, without any further consent, notice and/or compensation to you or any third parties.

 

Section 11. Limited Warranty

 

Except to the extent required by law, Neareo does not maintain any special relationship with you and has no fiduciary duty to you. You agree that Neareo has no control or no obligation to take action on the following points: users who access the Service, Content you access via the Service, impact that the Content may have on you, how you can interpret or use the Content or actions you can take after accessing the Content.
Neareo disclaims expressly any liability for any loss arising from your use of the site, the service, content, user submissions to the extent that law permits.

To the maximum extent permitted by applicable law, in no case, Neareo, its  partners, suppliers or content providers be liable in contract, tort or strict, negligence or under any other legal or equitable theory or otherwise in respect the site, the service, the content or user submission to : damage or loss or consequential ; loss of revenue or anticipated life ; loss of revenue ; loss of goodwill ; data loss ; loss saving expected ; unnecesssary expenses ; cost of procurement of substitute goods or services.

You release Neareo from any responsibility regarding your purchase or non-purchase of Content via the Service. The Service may contain, or direct you to, web sites containing information that some people may find offensive or inappropriate. Neareo accepts no liability for any information contained or accessed through the Service and shall not be liable for the accuracy, copyright compliance, legality or decency of the information contained in or accessed through the Service.

You release Neareo from any responsibility to the connections and relationships you have with other users. You agree that Neareo users filter in any way that Neareo does not ask users about their past, as Neareo does not check the background or user statements. Neareo makes no representation regarding the behaviour of users or as to the veracity of the information they provide. Neareo can under no circumstances be held liable for any damages whatsoever, direct, indirect, general, special, compensatory, consequential and / or incidental, arising out of or in connection with your behaviour or that of another user by Services, including, without limitation, bodily injury, emotional distress or any damages resulting from communications or meetings with users or any other person you met through the Services. Also, you agree to take all reasonable precautions and protect yourself through interactions with people with whom you come in contact through the Services, especially if you decide to meet these people physically. For example, you must not under any circumstances provide your financial information (eg credit card information or account numbers) to others.

The Site, the Service, the Content published by Neareo and on the Site are provided as is and without warranties of any kind, express or implied, including without limitation the implied warranties of title, of non-infringement, merchantability and fitness for a particular purpose and all implied warranties arising from the use of the mark, which are expressly excluded, except to the extend required by law.
Neareo, its officers, employees, agents, representatives, suppliers, partners and content providers do not warrant that : (a) the Service will be secure oar available at any time and everwhere; (b) any defects or errors will be corrected; (c) any content or software available on or through the service will not contain viruses or harmful components; (d) the results of the use of the service will meet your requirements. Your use of the website, the service, the content and the addition of link to Neareo is at your own risk. Some States/countries do not allow limitations on implied warranties, they may not apply you.

 

Section 12. Compensation

 

You shall defend, indemnify and hold harmless Neareo's responsibility and its affiliates, as well as individual employees, contractors, officers, suppliers and representatives of Neareo and its affiliates for any losses, costs, proceedings, claims, damages, expenses (including reasonable legal expenses) or liabilities that arise from or relate to your use or misuse of the Site or your access to the Site, the Service, the Content, or the result of any other way of your User Submissions, non-compliance with these Terms of Use or your violation or third party using your account, or other intellectual property rights of any person or entity (except in Since a court of competent jurisdiction finds that this claim is due to an act or omission Neareo). Neareo reserves the right to ensure the exclusive defence and control of any matter subject in other cases to indemnification by you, in which case you agree to help and cooperate Neareo for asserting any available defence.

 

Section 13. Channel Master

 

Any user who has more than 18 years can create a Channel, accessible to other Users. These Channels are accessible freely by Users. But in the future, Neareo is entitled to create paying channels on certain topics or for certain categories of Users.

Neareo has the right to refuse the creation of a Channel for any reason without any justification. The Channel Master recognizes and accepts that Neareo can remove any Content or suspend a Channel for any reason without justification, especially if this content is non compliant with these Terms, or if the Content posted by the Channel Master is inappropriate, or if the Channel is insufficiently fed wit adequate content.
Users know that Neareo don’t make any prior check on Content posted on Channels


The Channel Master is the only liable for the Content hosted on his Channel (Content posted by the Channel Master or Content posted by Users.

The Channel Master must indicate if his Channel is authorized for minors or not.

 

Section 14. Applicable law and jurisdiction

 

Belgian law governs these terms of use. Any litigation will be subject to the exclusive jurisdiction of the courts of Brussels (Belgium).

 

Section 15. Language

 

We may translate these Terms into other languages for your convenience. Nevertheless, any inconsistencies among the different versions will be resolved in favour of the English version.

 

Section 16. Integration and Divisibility

 

These Terms of Service constitute the entire agreement between you and Neareo regarding the Service and use of the Site, the Service, Content, and substitute all communications and prior or current proposals (whether oral, written or electronic) between you and Neareo on the Site. If any provision of these Terms of Use is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these conditions remain fully applicable. The fact that either party fails to exercise any right mentioned herein should not be construed as a waiver of any other rights mentioned. The waiver of compliance in an exceptional case does not involve a continuing waiver of Neareo in the future. For any waiver of compliance with these Terms of Use is invalid, Neareo should send you this written waiver through one of his legal representatives.

 

Section 17. Modification of Terms of Use

 

Neareo reserves the right, in its sole discretion, modify or replace any of these Terms of Use, or modify, suspend or discontinue the Service (including, without limitation, the availability any feature of any database or any content) at any time by publishing a notice on the Site or by sending notification via the Service or by email. Neareo can also set limits on certain features and services or restrict your access to part or all of the Service without notice and without liability. It is your responsibility to regularly check these Terms of Use periodically for changes. The continued use of the Service after the posting of changes to these Terms of Use constitutes acceptance of those changes.

 

Section 18. Processing of personal data

 

18.1 Account data

You agree to provide such contact and identity information as requested by Neareo in the course of the registration process or thereafter. You represent and warrant that the Account Data you provide to Neareo is true and accurate. Neareo may verify the accuracy of your Account Data, as it deems appropriate. Neareo may request you to provide further Account Data as reasonably necessary to verify your identity or your ability to make use of the Services. You shall maintain and update the Account Data to keep it current, complete and accurate.

18.2 Content

Neareo does not own and does not claim ownership of the Content, and hereby expressly waives any liability in respect of the Content collected, posted, produced, shared or otherwise processed by you or others users of the Services. Neareo does not select, test, approve, verify or otherwise monitor or moderate the Content. To the extent that the Content contains information or data emanating or coming from third parties, it is your sole responsibility to obtain consent from such third parties where necessary. Neareo shall access or use the Content, including Personal Data, solely for the purposes of delivering the Services to you or other authorized users. Neareo shall further access and make use of the Content for the purposes that are described hereafter.

18.3 Personal Data

Personal Data under the Agreement are as defined in the Directive 1995/46/EC or the implementing national laws. Such Personal Data shall be processed in accordance with the present paragraph. Your consenting with the Terms of Service includes consenting with the Privacy Policy and allowing Neareo to process your Personal Data in accordance with the Privacy Policy and for the purposes stated hereafter. The Privacy Policy is also accessible as a separate document. During the registration procedure on Neareo and upon access to the Site, the Users communicate personal data to Neareo. After registration, the Users are given the opportunity to communicate other personal data upon completion of their profile. All such data are processed by Neareo as the responsible for the processing of personal data in accordance with the provisions of the Belgian Privacy Act of December 8th 1992.

The User gives his full, deliberate, specific and informed consent for the use of his personal data by the Company for the following purposes: administration of registrations, animation and administration of the use of the Site, promotion, commercial partnerships, geolocation and notification of the the Users (see “Settings” on the Site if you want to restrict the number of notifications). The Users have the right of access to and modification of the processed data.  For these purposes, the User may address his request to: https://neareo.com/contact-us

Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, pages visited, the time spent on those pages and other statistics.
Neareo has the right to analyse personal data (including « Log Data ») for direct marketing purposes, The User gives for that prior consent in accepting these Terms.

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

18.4 Passwords and Security Data 

Security Data is any data associated to an account and aimed at preserving the authenticity of the person accessing the Account and integrity of the Content, such as, without limitation, a login, password or other type of information or data associated to you. You shall keep your Security Data accurate and up to date. Except in case of gross or intentional negligence, Neareo shall have no liability whatsoever in the event, notably and without limitation, of loss or damage or failure to receive information and resulting from a third party using your Security Data, either with or without your knowledge. Neareo does not maintain a database of users’ Security Data and doesn’t accept any responsibility if you do not maintain the confidentiality of your Security Data. You shall immediately notify Neareo of any unauthorized use of your Security Data or your Account, of any other suspected breach of security you become aware of, including if you believe that your Security Data or your Account has been stolen or otherwise compromised.

Section 19. Google maps

 

This website also uses Google Map, a geolocation service offered by Google Inc. ("Google"). Your location data may be used for the proper functioning of the website and the application. When you use the Neareo Services, you are deemed to have accepted the terms and condition of Google Inc. for the geolocation.

 

Section 20. Miscellaneous

 

These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Neareo's prior written consent. Neareo may assign, transfer or delegate any of its rights and obligations hereunder without consent. 

Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.