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").
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.
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.
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.
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:
Notifications can be sent to firstname.lastname@example.org.
We will promptly remove the content within 2-5 business days.
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.
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.
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!
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.
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.
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.
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.