Please read the agreement carefully
MOBILE APPLICATION AND WEBSITE
NearbyGoods is provided to you by The Global Venture LLC and Mesonsoft LLC. By accessing or using the NearbyGoods Mobile Application or the website at www.nearbygoods.com
“Personally identifiable information” provided to NearbyGoods when you sign up will not be sold or given to any outside sources without your permission. Nearbygoods.com collects the information in order to provide you with personalized services, such as the Selling and Buying, Posting services/ events, Seller reviews, and account information. NearbyGoods shall not knowingly collect any Personally Identifiable Information from persons under the age of 13, and does not permit persons under the age of 13 to register on the Sites. If NearbyGoods learns that a listing is by a person under the age of 13, NearbyGoods shall remove that listing.
NearbyGoods or people that place listings on the Website or Mobile Application, may provide links to third party websites, which may have different privacy practices than NearbyGoods. We are not responsible for, nor have any control over, the privacy policies on these third party web sites. We encourage all users to read the privacy policies of every web site you visit.
In order to post, buy, or make an offer for item(s) and service(s) on NearbyGoods, you must become NearbyGoods account holder. The sign up process requires that you provide us with certain Personally Identifiable Information, such as your full name, street address, email address, Zip code and other identifying information. Personally Identifiable Information provided shall not be sold or disclosed to any outside sources or third party without your permission.
Registered members could set their preferences for any alerts on listings / services/ events by clicking User Preferences. You can review or modify your Personally Identifiable information at any time on My Account
If you were referred to NearbyGoods from another web site, that web site may send us information that you provided to them. The information they provide is considered private, as if you provided it directly to us.
Personal Information / Photos and Descriptions
In order to facilitate trust and for security purposes, we provide you with the option to submit descriptions and pictures of your service or item or event. When you post your listing on NearbyGoods, the Ad description and photo will be displayed on the site and accessible to the visitors on NearbyGoods. We will not post photos that are obscene, contain nudity (partial or full), pornographic, adult in nature, or harmful to minors, so please do not upload any such photos. All listings, description and photos shall require approval and must abide to the Post Ad Guidelines
Public Access to Information
The information provided when you post a listing / service/ event, rate other sellers, is posted public and available to all website and mobile application visitors. Please remember that any information / description provided on the Ad shall be displayed public, so please be very cautious.
The website has security measures in place to protect misuse, damage and tamper any information under our control. We use standard processes and procedures to safeguard any Personally Identifiable Information. All account holders data and activity is stored separately and is not directly accessible through a web browser. Although we make good faith efforts to store information in a secure environment that is not made available to the public, we cannot guarantee complete security as The Internet is not 100% secure and other systems that are not under NearbyGoods control might intercept the information that you are sending. Remember your account is accessible by the use of your password.
To keep your personal information confidential and private is NearbyGoods priority. NearbyGoods shall not willfully disclose, rent, or sell your Personally Identifiable Information to outside vendors or third parties. However, certain personal information will be available to others in the process of using NearbyGoods. For example, visitors to NearbyGoods may view your sign-up name, feedback rating, city and country, and items you have for sale. When buyer contacts the seller then the buyer's information is provided to the seller like the email address , postal address and phone number. Once that information is exchanged between buyer and seller , NearbyGoods has no control over how that information might be used.
NearbyGoods may choose to disclose your personally identifiable information to others under the following circumstances:
Your consent to share your information.
In response to a legal process (e.g. criminal investigation, subpoena, court order)
Respond to claims that a listing or content violates the terms of NearbyGoods and may create a liability for NearbyGoods
If we are involved in a merger, acquisition, or a sale of some portion of our assets.
Nothing in this policy shall limit, prohibit, or otherwise deny the ability of NearbyGoods to (1) transfer, assign, or sell our assets to a third party without limitation, or (2) dispose of our assets in any manner, through bankruptcy or similar proceeding. In addition, NearbyGoods makes no warranties or claims regarding the accuracy or completeness of the information we collect and disclose through our site, and disclaims any liability regarding its use.
Buyer and seller dealings
NearbyGoods is committed to help people buy and sell safely in accordance with the applicable laws, policies and regulations.
NearbyGoods shall not be liable for your any interactions with any individual and/or organization
found on site or mobile application. This includes, but is not limited to delivery of goods and/ or services, any terms, conditions or warranties associated with the dealings. The dealings are solely between you and other organizations and/or individual. You agree that NearbyGoods shall not be responsible for any loss or damage encountered as a result of any such dealings. NearbyGoods under no obligation will get involved in disputes between members on site and /or any third party. In the event of any dispute, you release NearbyGoods , its employees, agents , officers and successors in rights from claims / damages and demands of every kind, known or unknown, suspected or unsuspected , disclosed or undisclosed , arising in any way related to claims / disputes
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
that violates any law or regulation;
that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant NearbyGoods all of the license rights granted herein;
that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
that includes personal or identifying information about another person without that person's explicit consent;
that impersonates any person or entity, including, but not limited to, an NearbyGoods employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Website which are not designated for such purposes; or (2) e-mailed to NearbyGoods users who have requested not to be contacted about other services, products or commercial interests;
that includes links to commercial services or Third Party Websites, except as specifically allowed by NearbyGoods;
that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
make any libellous or defamatory comments or postings to or against anyone;
collect personal data about other users or entities for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
attempt to gain unauthorized access to computer systems owned or controlled by NearbyGoods or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.
use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of NearbyGoods's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
use any automated device or software that enables the submission of automatic postings on NearbyGoods without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
Notification of claims of infringements
NearbyGoods is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to NearbyGoods together with a request to NearbyGoods to delete the relevant. The request could be submitted at email@example.com
All rights , titles and interest in and to the website are and will remain exclusive property of NearbyGoods and its licensors. NearbyGoods logos, images , icons and other marks identifying NearbyGoods products or items are trademarks of NearbyGoods and shall not nbe used without prior permission. Except as otherwise expressly set forth in these Terms, you may not copy reproduce, distribute, or create derivative works of the website without NearbyGood's express written authorization. All rights not expressly granted in these Terms are reserved to NearbyGoods.
NearbyGoods respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us at firstname.lastname@example.org.
Filing a notice of infringement with NearbyGoods requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site.
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that NearbyGoods is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NearbyGoods with respect thereto.
Disclaimer of Warranties
You expressly acknowledge and agree that use of the website and the service is entirely at your own risk and that the website and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. all express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. to the fullest extent permitted by law NearbyGoods, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. NearbyGoods makes no warranties or representations about the accuracy or completeness of the website's content or the content of any third party websites linked to the website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service. NearbyGoods does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and NearbyGoods will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitations of Liability
In no event shall NearbyGoods, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if NearbyGoods has been advised of the possibility of such damages), resulting from any aspect of your use of the website or the service, including without limitation whether the damages arise from use or misuse of the website or the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the website or the service. such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the website or the service or any links on the website, as well as by reason of any information, opinions or advice received through or advertised in connection with the website or the service or any links on the NearbyGoods site. these limitations shall apply to the fullest extent permitted by law. you specifically acknowledge and agree that NearbyGoods shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. the website is controlled and offered by NearbyGoods. NearbyGoods makes no representations or warranties that the website is appropriate for use in other locations. those who access or use the website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless NearbyGoods, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
No Spam Policy
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to NearbyGoods email addresses or through NearbyGoods computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time NearbyGoods may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the NearbyGoods e mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of NearbyGoods computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and NearbyGoods and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and NearbyGoods shall be governed by the laws of the State of Virginia USA. The failure of NearbyGoods to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns. NearbyGoods shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond NearbyGoods's reasonable control. Any notice required or given to you under these Terms shall be delivered by electronic mail at the e-mail address provided by you during registration. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
Termination of Service
When you sign in you acknowledge that NearbyGoods may establish limits concerning use of the Service. You agree that NearbyGoods has no liability or responsibility for the deletion or failure to store any content maintained or transmitted by the service. As a member , you acknowledge that NearbyGoods holds all rights to modify or discontinue the Service (or nay part thereof) with or without any prior notice
You agree that NearbyGoods in its sole discretion, reserves all rights (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if NearbyGoods believes that you have acted inconsistently with these Terms. Further, you agree that NearbyGoods shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination.
Post Ad Guidelines
Below are the rules that should be followed while posting the Ad
You are responsible for complying with all applicable terms and laws related to items / service that you list, buy or sell on Nearbygoods.com
You are prohibited to post Ads or replies that contain any text that violates the terms of NearbyGoods, contains unacceptable or discriminatory language in ads, and/or "hate speech" directed at individuals or groups, is threatening or abusive, infringes on another user's privacy, or could disturb, harm, or offend our users, may be rejected.
You are prohibited to post duplicate or similar ads for the same item/service.
You are prohibited to post Ads that are intentionally misleading, deceptive, deceitful, misinformative, or found to be using "bait and switch" tactics.
You cannot post multiple Ads, this includes posting the same or similar Ad to multiple regions. You can only post one ad for an item in the area where the item is actually located.
You cannot do keyword stuffing i.e. not include lists of keywords in your listing for the purpose if matching against the unrelated search queries
You cannot post ads where primary goal is to drive users to a website monetized by affiliate programs
You cannot post links to other classified sites
You cannot create multiple accounts to post ads
You cannot post any pornography, nudity or any material that is obscene or adult in nature
You cannot post ads related to dating, match making, personal or adult themed events or services or adult services
You are prohibited prohibited to infringe upon the rights of third parties. This includes, but is not limited to, infringing upon intellectual property rights such as copyright and trademark.
You are prohibited to post ads that are posted with the intent of directing traffic to another site. Ads must describe a specific item or service in order to be posted on the site
You are prohibited from using content and/ or functionality of NearbyGoods to send unsolicited emails, or make unsolicited contact of any kind with its users
Prohibited Items for posting Ad
Items that are specifically prohibited on NearbyGoods :
Alcoholic beverages and tobacco.
Animals, plants and insects that are regulated or prohibited for sale under applicable laws.
Blood, bodily fluids and body parts.
Items designed to be used to commit a crime including not without limitation burglary tools, false identification and items used to manufacture illegal explosives or controlled substances.
Material that infringes copyrights, trademarks or other third party rights.
Misrepresentations and counterfeit or fraudulent items.
Material that contains obscene material, child pornography or is harmful to minors.
Prescription drugs, medical devices, controlled substances, illegal drugs, or drug paraphernalia.
Nonprescription drugs that make false or misleading claims that might require FDA approval.
Services or merchandise that promote hatred and violence against specific groups of people.
Services or merchandise that promote Penny Auctions.
Services that are illegal including without limitation prostitution.
Stocks and other securities.
Stolen goods or property with serial number removed or altered.
Weapons (including but not limited to firearms, martial arts weapons, silencers, ammunition, disguised or switchblade knives, BB guns, stun guns, paintball guns, or tear gas) and weapons parts.
Items containing hazardous substances or pesticides.
Traditional drop-side rail cribs described in link http://www.cpsc.gov//PageFiles/101628/cribfinal.pdf
Items that restrict transfer (such as tickets or coupons) and items you are not authorized to sell.
Items that promote multilevel marketing schemes
Items used to solicit email addresses for use in spammy or unrelated marketing programs
Content that can intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.