Terms Of Use

By using the Nearstory App (the "App"), software downloads, any online products of Nearstoryapp.com and related services (collectively, "Nearstory Service"), a service of Nearstory, Inc. ("Nearstory," "we," "us" or "our"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Right To Privacy

BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS BELOW. Please read all of the terms before you use the Service. If you don’t agree to all of the terms below, you may not use the Service.

General Provisions

We reserve the right to modify or terminate the Nearstory Service for any reason, without notice at any time. Additionally, we reserve the right, at our discretion, to modify, add or delete portions of these Terms and of Use or the Privacy Policy at any time by posting updated Terms of Use or an updated Privacy Policy. If the alterations constitute a material change to the Terms of Service, we will notify you by posting an announcement of the changes together with a link to the new Terms of Service on the Nearstory website. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. We also reserve the right to email you these changes. What constitutes a "material change" will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.

We reserve the right to refuse service to anyone for any reason at any time and may, but have no obligation to, remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Privacy Policy

Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policies governing the site and App. For information about how we collect, use and share information about users of the Service, please see our Privacy Policy.

Description of Service

Nearstory pins audio stories to a geolocation. Using Nearstory’s unique user experience, listeners can easily access and play those audio stories based on location. Users also have the ability to visit producer sites, as well as get directions to desired locations.

Copyright Infringement Claims

Nearstory undertakes to obey copyright laws. We have tried very carefully to only geotag audio content from podcast RSS feeds, or content for which we have obtained written consent to do so. We always give full credit to the producer, with producer title, program title, program identification mark, and a direct link to the associated audio producer's webpage for that content item. We do this to help users discover digital audio entertainment of interest to them based on location and identify new sources of great audio stories. If you believe a portion of the Service infringes your copyright and you wish to file a copyright infringement notification with us, please send us a note with the following information:

• A physical or electronic signature of the copyright owner or the person authorized to act on their behalf.
• A description of the copyrighted work claimed to have been infringed.
• A description of the infringing material and information reasonably sufficient to permit Nearstory to locate the material. Title and Publishing Company is usually enough.
• Your contact information, including your address, telephone number, and email.
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and, under the penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Notifications can be sent to copyright@nearstoryapp.com.
We will promptly remove the content within 2-5 business days.

Content Source and Hosting

All content in the Nearstory platform comes directly from a producers RSS feed or website. We do not host content on our servers or reproduce any of the content. This means each piece of content is exactly as the producer created it. Nearstory will not alter or host any of the content on the platform unless we have written consent from the original content producer to do so.

Each audio file is downloaded directly from the producers URL to the Nearstory App. At the end of the listening session the downloaded peice is deleted. The Nearstory user listens to only one version at time and does not have access to the downloaded file. Each listen results in a hit to the producer's URL for tracking purposes. Additionally, every content item contains a direct link to the producer's website so that producers get views, full credit and acknowledgment.

Version Notice 1.0.0

Please note that this is a first release of the Nearstory App and Nearstory Inc. is trying to explore the market to find new distribution options for content producers. We believe that a lot of existing content currently sitting on the shelf can have a longer revenue generating life for content producers if reorganized properly for consumers. So this version of the website and iPhone® App is a bit rudimentary and does not contain all the features that we hope to implement.

Advertising

Nearstory App does not currently run ads on the platform. We do this out of courtesy and respect to content producers, as well as provide a better listening experience for users. We want users to fully experience Nearstory in its purest form. Therefore, all content used in the application is in its original state. It contains producers ads which were placed in by the creators of the content themselves. Nearstory Inc. understands that this is the way that content producers make their money and will continue to help content producers gain more listeners and exposure!

Disclaimer

THE NEARSTORY SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE NEARSTORY SERVICES ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEARSTORY DOES NOT WARRANT THAT THE NEARSTORY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEARSTORY DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NEARSTORY SERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE NEARSTORY SERVICES OR THROUGH LINKS ON THE NEARSTORY SERVICES. USE OF THE NEARSTORY SERVICES IS ENTIRELY AT YOUR OWN RISK.

CONTENT ON THE NEARSTORY SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE NEARSTORY SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE NEARSTORY SERVICES.

Limitation Of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL NEARSTORY, OR ITS AGENTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, VENDORS, TOUR LOCATIONS, PARTNERS, AFFILIATES, MEMBERS OR THIRD- PARTY PROGRAM PRODUCERS AND CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE NEARSTORY SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE NEARSTORY SERVICES, OR (C) IN CONNECTION WITH ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL NEARSTORY, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Apple App Store Additional Terms and Conditions

In spite of any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use on the iPhone, iPod Touch or iPad:

Nearstory and you acknowledge that these Terms are solely between you and Nearstory only, and not with Apple, Inc. ("Apple"), and Nearstory, not Apple, is solely responsible for the App Service and the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone App Store ("App Store"). To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.

Location Tracking and Data

Nearstory Service collects location information and it will be used and disclosed as detailed in the Privacy Policy.

Basic Terms

• You must be 18 years and older to use this site and any related services.
• You agree not to alter or modify any part of the Nearstory Service, including but not limited to Nearstory's website and its client applications or any of its related technologies. Content on the Website and Application is provided to you for your information and personal use only and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose. Nearstory reserves all rights not expressly granted in and to the Website, APP and the Content.
• You agree not to distribute any part of the Nearstory App, Location Data and its website or related clients, in any medium without Nearstory's prior written authorization. You further agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website or its services for any commercial purposes.
• You agree not to access Content produced by Nearstory Inc. or any third party through any technology or means other than the playback of the Nearstory App itself, or other explicitly authorized means Nearstory may designate.
• You further agree not modify another website so as to falsely imply that it is associated with Nearstory.
• You may not use the Nearstory Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
• In the event of the addition of any messaging capabilities you must not create or submit unwanted email to any Nearstory Service members or use the service to send spam.
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not, in the use of the Nearstory Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements may result in the termination of your account. While Nearstory prohibits such conduct and content on its site, you understand and agree that Nearstory cannot be responsible for content posted, submitted, or otherwise made available on its web site or the conduct of other users. You further agree that nonetheless you may be exposed to such materials and that you use the Nearstory service at your own risk.

Questions and Feedback

Please contact us if you have any questions on our terms of use. We'll be more than happy to discuss them with you.