IMPORTANT: PLEASE CAREFULLY READ THIS END USER LICENSE AGREEMENT (THE "AGREEMENT") BETWEEN "YOU" AND MOKSHSHIL SERVICES("MOKSHSHIL SERVICES," "WE," "US," OR "OUR") REGARDING YOUR USE OF THE NearMe SOFTWARE APPLICATION AND NETWORKING SERVICES (COLLECTIVELY, "NearMe"). BY USING NearMe, YOU AGREE THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU MAY NOT USE NearMe.
WE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OF NearMe SHALL INDICATE YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Use of NearMe. In addition to Mokshshil Services terms and conditions set forth below, You agree and acknowledge that Your use of NearMe may be subject to additional terms and conditions of the device manufacturer, provider or carrier for the Mobile Device (as defined below) on which You download, access or use NearMe, which are not governed by this Agreement. In addition, when using particular functionalities and features that are part of NearMe, You may be subject to additional guidelines, terms, or rules applicable to such functionalities and features ("Additional Terms"), which may be posted from time to time and are hereby incorporated by reference into this Agreement. To the extent additional functionalities and features are provided to us by any of our partners, the additional terms that govern your use of such functionalities and features are not incorporated into this Agreement, but shall govern your use of such functionalities and features and You hereby agree to comply with and be bound by such terms as a condition to your access and use of such functionalities and features. This Agreement shall govern any corrections, bug fixes, enhancements, updates or other modifications to NearMe (collectively, "Upgrades") provided by Mokshshil Services, except to the extent such Upgrades are accompanied by a separate license in which case the terms of such license will govern.
2. License Grant. Subject to the terms and conditions of this Agreement, Mokshshil Services hereby grants to You a terminable, nonexclusive, nontransferable, nonsublicenseable license to use, perform, and display NearMe on one (1) Microsoft Windows Phone based device that You own or control (your "Mobile Device"), solely for your personal, non-commercial use in accordance with this Agreement. This license does not allow You to use, perform, or display NearMe on any Microsoft Windows Phone based device that You do not own or control, and You may not distribute or make NearMe available over a network where it could be used by more than one device at the same time.
3. License Restrictions. You may not (a) reproduce, distribute, sublicense, use for service-bureau purposes, sell, lease, or otherwise transfer NearMe to any third parties; (b) modify, alter, improve, "hack," or create derivative works of NearMe; or (c) reverse-engineer, decompile, disassemble, reverse-assemble, or otherwise attempt to derive the source code of NearMe.
4. Prohibited Activities. You agree not to use NearMe in any manner that violates this Agreement, including Mokshshil Services then-current acceptable use policy ("Acceptable Use Policy"), which is incorporated in this Agreement by reference. Mokshshil Services may modify the Acceptable Use Policy from time to time in its discretion. Although Mokshshil Services cannot monitor the conduct of its users outside of NearMe, it is also a violation of these rules to use any information obtained from or through NearMe in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any person without their prior explicit consent. In order to protect our users from such activities, Mokshshil Services reserves the right to restrict the number of communications (including sharing of Content) which You may send to other users in any twenty-four (24) hour period to a number which Mokshshil Services deems appropriate in its sole discretion. Violations of any of the above may be investigated by Mokshshil Services and, where appropriate, Mokshshil Services may either institute legal action, or cooperate with law enforcement authorities in bringing legal proceedings, against users who violate this Agreement. You understand and acknowledge that we have a reputation to protect, and that we want to provide a good and positive service to users of NearMe, so any violation of this agreement by You may cause us substantial harm. Accordingly, You agree that we may enforce this Agreement to the fullest extent permitted by law.
5. Regarding Your Mobile Device. By accessing and using NearMe with your Mobile Device You acknowledge and agree that You may receive certain communications from NearMe (such as text messages and pictures, mobile emails, or other electronic communications means, collectively "Mobile Communications"). Please note that by accessing and using NearMe via your Mobile Device, or by using certain mobile features, such as receiving or sending Mobile Communications via your Mobile Device, You may incur fees from the provider or carrier of the mobile services that You use and You are solely responsible for the payment of such fees. If You choose to update your profile with information about your actual location (including location-related information provided by your carrier, provider or applications), You acknowledge and agree that (a) such information may be made available to every viewer of your user profile and (b) Mokshshil Services does merely make this information available upon your request and is not responsible for the correctness of such information and any use of such information by third parties, including other users.
6. Ownership. The NearMe application is licensed to You, not sold. Mokshshil Services and its licensors own and retain all proprietary rights in NearMe (including all Upgrades thereto). NearMe contains the copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of Mokshshil Services, and its licensors, including other NearMe users. Except for Intellectual Property which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to You through NearMe does not transfer to You or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content (as defined below) and material included therein. There are no implied licenses under this Agreement, and all rights not expressly granted are hereby reserved. You agree that any questions, comments, suggestions or the like other than personally identifiable information (collectively, the "Feedback") sent to Mokshshil Services, shall become the sole property of Mokshshil Services. You further agree that Mokshshil Services shall be free to use and exploit in any manner any ideas, concepts, know-how or techniques contained in such Feedback for any purpose without your or a third party's consent, and without payment of any consideration to you or a third party, you hereby assign all rights, title and interest in such Feedback to Mokshshil Services.
7. Content. You understand and agree that Mokshshil Services may (but is not obligated to) review any content, communication, information, Intellectual Property, material, messages, photos, URLs, profiles and the like (collectively, "Content") that is uploaded, published or displayed (hereinafter, "posted") on or through NearMe and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of Mokshshil Services violates this Agreement or the Acceptable Use Policy or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other users or third parties. You are solely responsible for the Content that You post on or through NearMe, or transmit to other users or third parties. By posting Content to any area of NearMe, You automatically grant, and You represent and warrant that You have the right to grant, to Mokshshil Services an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, You represent and warrant that You have the right to post the Content and You will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). Mokshshil Services reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this Agreement, including without limitation, removing the offending Content fromNearMe and terminating the license for NearMe of such violators. Mokshshil Services reserves the right to disclose all content that You upload, post, transmit or otherwise make available via NearMe (whether or not directed to Mokshshil Services) if required to do so by law or in the good faith belief that such disclosure is necessary or appropriate to conform to the law or comply with legal process served on Mokshshil Services, to protect and defend the rights or property of Mokshshil Services, NearMe or our customers, whether or not required to do so by law, or to protect the personal safety of our customers or the public. 8. Third Party Content. Content from other users, advertisers, and other third parties may be made available to You throughNearMe. Because we do not control such Content, (a) You agree that we are not responsible for any such Content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other users, advertisers, and other third parties. 9. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that your work has been copied and posted on NearMe in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on NearMe; your address, telephone number, and email address; a written statement by You 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. Mokshshil Services's Copyright Agent for notice of claims of copyright infringement can be reached by writing the following:
Attn: Copyright Agent Mokshshil Services
LJ Campus, SG Highway,
Who We Are
Mokshshil Services2nd Floor, LJIMS
LJ Campus, SG Highway,
NearMe is owned and operated by Mokshshil Services
Collection of Personal Data
We collect personally identifiable information, such as your e-mail address, username, age, and precise location. There is also information about your computer hardware and software that is automatically collected by us. This information can include: your IP address, browser or device type, domain names, access times and referring Web site addresses. This information is used by us for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the service. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through this service, it may be publicly viewable by other users.
We get information about you in a range of ways.
Information You Give Us. We collect your email address, username, password, demographic information (such as your gender and occupation) as well as other information you directly give us on our Site.
Information We Get From Others. We may get information about you from other sources. We may add this to information we get from this Site.
Information Automatically Collected. We automatically log information about you and your computer. For example, when visiting our Site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site.
Cookies. We may log information using "cookies." Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.
Location Data Collection
In order to use the NearMe Services, we need to associate your account with a geographic location. In order to do this, we will utilize the GPS and/or cellular antenna of your mobile device to find your approximate location. We may also utilize your IP Address to determine where you are. Your latitude and longitude coordinate pair will be utilized to determine the city and political region that you are currently in. This information will be posted publically when you use the NearMe service.
Data Use and Sharing
We use your personal information as follows:
- We use your personal information to operate, maintain, and improve our sites, products, and services.
- We use your personal information to respond to comments and questions and provide customer service.
- We use your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
- We use your personal information to link or combine user information with other personal information.
- We use your personal information to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
- We use your personal information to provide and deliver products and services customers request.
The nature of the NearMe service is that most information you give us will be shared with any other user, or even anonymous visitor, of the NearMe service. This includes your profile details, Live Stream posts, photos, and general location. We may share personal information as follows:
- We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.
- We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
- We may share personal information for legal, protection, and safety purposes.
- We may share information to comply with laws.
- We may share information to respond to lawful requests and legal processes.
- We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
- We may share information with those who need it to do work for us.
We may also share aggregated and/or anonymized data with others for their own uses. There are also a few ways we share your data in order to help enhance the service, and specifically drive user interaction. For instance, we may choose to use your user content (including your profile, posts, or photos) to market the NearMe service. This could include, without limitation, screenshots for the App Store or promotional emails to current or potential users. Your data may also be accessed via our alternative client apps, such as the Tinder Live app on Windows Phones.
Security of Personal Data
Your privacy is of the utmost concern to our company. We secure your personal information from unauthorized access, use, and disclosure. We secure the personally identifiable information you provide on servers in a controlled, secured environment, protected from unauthorized access via physical and technical mechanisms in accordance with industry best practices. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
When you submit personally identifiable information to us, you understand and agree that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which we or our affiliates and subsidiaries maintain offices, including, without limitation, the United States. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage, and processing of your information may be undertaken by trusted vendors of ours. Such vendors are bound by contract not to use your personal information for their own purposes or provide it to any third parties.
Limited Data Sharing With Advertisers
NearMe is an ad-supported free service. We work with Microsoft and Google to provide the advertisements shown within that application. Both companies are highly respected and reputable. In order to provide the most relevant advertisements to each user, we share the following pieces of personal data:
- Precise Location
- Locale and Language Settings
- Device Unique ID
- Obfuscated Windows Live ID
- Device Hardware/Software Details
You can read the privacy policies of these third-party companies on their respective websites:
No Sale of Personal Data Collected
We are not in the business of selling any of your personal data to any other individual or company and such a sale would never take place. We do not sell, rent, or lease our customer list to third parties, although we may sell, rent, or lease access to such users with the user's explicit permission. We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, we may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to our company and users, and they are required to maintain the confidentiality of your information. We also reserve the right to pass along all the data we have collected in the event of a merger or acquistion of our company in order to facilitate the continued operation of the service.
Disclosure to Law Enforcement
We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to conform to the edicts of the law or comply with legal process served on our company or the site; protect and defend the rights or property of our company; and, act under exigent circumstances to protect the personal safety of users of this service, or the public.
During normal course of business our employees, sub-contractors, agents, and affiliates will never review your private communications or other personal data. We do however reserve the right to do so when there is a clear and obvious need to do so. An example of such a situation would be to verify reports of harrassment or to investigate service interuptions or issues. In the event that it is neccessary to review private personal data, such data will only be viewed by individuals under a strict non-disclosure agreement with our company to protect disclosure beyond our company.
Your data will be retained on our server computers for as long as neccessary to provide our services. In the event that you explicitly delete data from the service, it may still be retained on our servers. In the event that your account is deactivated, your data will remain on our servers in the event that you choose to reactivate at a later time. You have the ability to delete the posts, comments, and messages that you make directly from our website and mobile apps. You can also deactivate or delete your account at anytime by visiting the Privacy Center while logged in.