Terms of Use and Disclaimer

1. Acceptance of Terms

You are welcome to use nearD services. Please read the following Terms of Service (the "Service Terms") carefully as they apply to your use of nearD. By accessing nearD app and any of its pages, you are agreeing to these terms. If you do not accept these terms, do not use nearD and do not use its service.

From time to time we revise the terms needed to specifically inform you. You can always go to the following web page https://neard.com/terms browsing the full terms. Revised terms of service beginning on the date will be publicly posted with immediate effect and replace the old terms. When you use a specific nearD service, we need to comply with both parties publicly posted for a specific service (when not re-posted) guidelines and rules. These guidelines and rules form part of the Terms of Service.

2. Description Of Service

nearD provide services for users of the online platform (hereinafter referred to as the "Service").

This service is provided by nearD Limited.

You understand and agree that the Service may include advertisements and that these advertisements are nearD to provide this necessary service. You also understand and agree that the Service may include some communication nearD issued, such as service announcements and administrative information, which is part of nearD communications services, and you can not opt ​​out of receiving. Unless otherwise expressly provided, increase or enhance the current Service, any new features (including the release of new products) shall be subject to the Terms of Service. You understand and agree that the service is "AS IS" AND ANY aging user communications or personalization settings, deletion, mis-delivery or failure to store and, nearD are not responsible. nearD reserves the right without prior notice, to suspend all or part of service for repairs, maintenance, updates or other nearD considers appropriate. You must obtain this self-service, and third-party fees associated therewith (e.g. Internet provider or fee schedule), including the costs associated with ad impressions or transfer, you also need to be responsible. In addition, you must provide the services needed to obtain all the necessary equipment and be responsible. Please note that some parts of the Service, including adult content, you must be at least 18 years old to visit these parts.

3. Your registration obligations

In order to use the Service, you agree to the following:

(a) provide yourself as prompted by the Service's registration yourself correct, accurate, current and complete information (data subject "Registration Data"), (b) maintain and promptly update "Profile", make sure it is correct, accurate, current and complete. If you provide any untrue, inaccurate, outdated, incomplete or misleading information, or nearD there are reasonable grounds to open before the suspect such information is untrue, inaccurate, outdated, incomplete or misleading information component, nearD right to suspend or terminate your account and refuse you and to all or part of the present and future use of the service. nearD of great concern to all users (especially children) safety and privacy.

4. Privacy

Save the nearD and "Registration Data" and other relevant information about you are subject to the regulation of personal data and the regulations of the Company "Privacy Policy" of nearD. To the web browser when your privacy policy in its entirety: https://neard.com/privacy.

5. Member Account, Password and Security

After completing the Service's registration process, you will receive a password and account. Maintain password and account security is your responsibility. The use of all actions carried out by the password and account, and you will bear full responsibility. You agree to the following: (a) When your password or account of any unauthorized use, or any other security problems occur, you will be notified nearD immediately, and (b) each connection is completed, both ends of your account use. You fail to comply with any loss or damage derived from the provisions of this subparagraph, nearD can not and will not be responsible.

6. Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ( "Content"), whether it is providing publicly posted or privately transmitted, open the "Content" are former the responsible. In another word, you, not nearD, will be via the Service to upload, post, transmit "Content" e-mail or transmission entirely responsible. nearD not control posted via the Service "Content", and therefore does not guarantee the correctness of the "Content", completeness or quality of the former. When you understand the use of the Service, you may be exposed to offensive, indecent or objectionable "Content". In any case, nearD not be any "Content" is responsible for, including, but not limited to, any errors or omissions in any "Content" of, and posted via the Service, email, transmit or derived any loss or damage.

You agree not to use the Service for the following purposes:

(A). Upload, post, email or transmit any unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, harmful or offensive on racial discrimination or moral Content". (B). Harm minors in any way. (C). Impersonate any person or entity, including, but not limited to, group admin, leader, host, or false statements or misrepresent affiliation with any person or entity in nearD supervisor. (D). Forge headers or otherwise manipulate identifiers in order to disguise the source of this transmission via any of the service "Content" of. (E). The basis for any legal or contractual or trust relationships (such as inside information due to the employment relationship and under confidentiality contracts that or disclosure of, proprietary and confidential information) and any "Content" have no right to transfer the plus upload, post or transmitted in other ways. (F). The infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any person (hereinafter referred to as "rights") of the "Content" plus upload, post or otherwise transmit. (G). The letter of any advertising, promotional materials, "junk mail", "junk mail," "chain letters," "direct," or any other form of solicitation materials plus upload, post or otherwise transmit. (H). The designed to interrupt, destroy or limit any computer software or hardware or telecommunications equipment of computer viruses, including but not limited to "Trojan horse" virus (Trojan Horses), worms (worms), a "time bomb" (time bombs) or cancelbots (cancelbots) hereinafter referred to as "virus"), or any other computer code of any data files and programs, more than plus upload, post, email, transmit or otherwise. (I). Adversely affect the ability to disrupt the normal flow of dialogue, cause the screen to move fast, or other users of the Service are able to type, or participate in instant communication to other users. (J). Interfere with or disrupt the Service or servers and networks connected to the Service of the line, or non-compliance to the regulations of networks connected to the Service, procedures, policies or regulations. (K). Intentionally or unintentionally violate any applicable local, national or international regulations, as well as any provisions having legal effect. (L). "Track" or otherwise harass others. (M) to collect and store personal data of other users; if personal data properly stored and used according to the personal data protection regulations, not on that list.

You know nearD not for the "Content" be reviewed in advance, but nearD and its designees shall have the right (but not the obligation) in their sole discretion, may refuse to provide it, and remove any "Content" via the Service. Under the provisions of the premise open before without limitation, nearD and its designees shall have the right to be removed in violation of any of the Terms of Service and disgusting "Content". When you use any of the "Content", including reliance on open case before the correctness of the "Content", completeness or usefulness of, you agree to be assessed, and bear all risks. So, you agree that you may not rely nearD create or acceptance of any "Content", including, but not limited to the service of the other part.

nearD is uploaded to comment on the way immediate operation, nearD for all messages of authenticity, integrity and the position and so on, without any legal responsibility. The message of all comments represents commenter personal opinion and not the position of this website. Since nearD by "Instant Upload message" mode of operation of the subject, it can not fully monitor all messages, readers discover if there is a message there is a problem, pass promptly notify nearD. You understand and agree that, nearD in accordance with the requirements of law or regulation, or order within a reasonable good faith based upon the extent necessary for the following purposes, the identification must be "Content" to be preservation or disclosure, and disclosure must be preserved: (a) comply with legal process, (b) enforce the Terms of Service, (c) respond to any "Content" claims against third party rights, or (d) protect the nearD, its users and the public's rights, property, or personal safety. You understand the technical processing and transmission of the Service, you post that contains the "Content", may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices and change .

7. Use of special warning international.

You understand the Internet's borderless nature, agree to comply with all local regulations and regulations of online behavior and acceptable "Content" of. You agree to comply with all relevant laws and have technical or personal data on output from Hong Kong or you live in the country or region.

8. Posting of public information on nearD

(A) For the purposes of the applicable Terms of Service, "publicly accessible areas of the Service" means the area of ​​the general public can use. For example words, the service area of ​​the present disclosure can be used includes discussions. (B) you choose to use this service to other public posting areas of the "stuff" you grant nearD royalty-free, perpetual, irrevocable, non-exclusive and can be fully re-authorized the following rights: worldwide use, heavy , modify, alter, rearrange, adaptation, publish, translate the "Content", create derivative works from, open the front and "Content" (one or all) to be distributed, presentation and display, and / or put into use any now known or later developed form, media, science and technology among other works.

9. Indemnity

Because you provide via this service, posted or transmitted by the "Content", you use this service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of others due to or arising any third party make a claim or request, including, but not limited to, all costs of legal fees, administrative fees, court fees, etc., you agree to indemnify nearD its subsidiaries, affiliates, officers, agents, co-branders or other partners, vendors and employees, from and against damage .

10. Service resale ban

This service or use of any part of the Service, or access to, you agree not to reproduce, copy, sell, resell or exploit for any commercial purposes.

11. General measures relating to the use and storage of nearD

You acknowledge about use of the Service nearD may prescribe general measures and restrictions, including but not limited to, the Service will retain the short message, the longest period of bulletin boards, or other uploaded "Content", this service can be received by an account on the PM quantitative restrictions, and usually within a specific maximum number of times during your use of the service (and each time the upper limit). If nearD any messages of this service will be maintained or transmitted by and other communications and other "Content" deletion or failure to store, you agree nearD without liability. You also agree not to use the account for a long time, nearD the right to close. You also agree, nearD have the right in their sole discretion, with or without notice to you, at any time to change these general practices and limits.

12. Billing and Pricing

You must provide us with valid and current payment information, using a payment method that we accept (as made available by us to you from time to time). If your payment method information is not valid for any reason (whether due to credit card expiration, insufficient funds or otherwise), you remain responsible for any outstanding amounts (and such obligation will survive any expiry or termination of this Agreement).

We may adjust the pricing for any features (including nearD Coins - see the section below entitled "nearD Coins") of nearD at any time and in any manner from time to time, at our sole discretion. Such adjustment may be due to promotional offers, any change in your location and/or for any other reason.

Any amount you pay to us in respect of membership fees, nearD Coins or otherwise is exclusive of applicable taxes, and you agree that we may bill you for any such applicable taxes.

Further information about billing and pricing for nearD is set out within nearD from time to time.

To the extent permitted by applicable laws and regulations, all payments from you to us are non-refundable and non-creditable.

(A) nearD Coins You may make certain payments within nearD using virtual tokens called “nearD Coins”.

The “real money” price of nearD Coins is determined by nearD and as set out within nearD and we may change such pricing at any time upon publication within nearD. You may pay for nearD Coins using your local currency only. We may process your payments using a third party payment processor and if so, the processing of your payment to us is subject to the relevant third party payment processing platform’s terms, as well as this Agreement.

Except as expressly notified to you in specific countries, nearD Coins can only be purchased and used within nearD. nearD Coins cannot be used outside of nearD (i.e. they cannot be used in any other or third party services or redeemed for cash).

You acknowledge that you do not own the nearD Coins. You will not trade, sell, gift, transfer or lend nearD Coins (a "Virtual Transaction"), except as permitted in accordance with this Agreement. Where Virtual Transactions are permitted, any such transactions are between you and the other relevant parties. We have no responsibility for any Virtual Transactions or nearD Coins you may lose as a result of a Virtual Transaction. We are not responsible for any claims brought against you in relation to your use of the nearD Coins or relating to any Virtual Transactions you enter into or are alleged to have entered into.

We may from time to time run limited time promotions to offer nearD Coins at discounted prices or bonus offers for purchasing a certain amount of nearD Coins. You may also be invited to complete tasks to obtain free nearD Coins. The terms of such promotions and tasks will be notified to you within nearD before you take part.

Once purchased, the nearD Coins are stored within your nearD Account for your use within nearD from time to time, in accordance with any terms and instructions as notified by us to you. You may check your balance of nearD Coins and their expiration dates (if any) from time to time within your nearD Account page

Once your account has been terminated by any reason, all related data will also be deleted, including your purchased items, coins, friends, groups, chat history and it cannot be restored or recovered.

nearD right to suspend or terminate your account and refuse you and to all or part of the present and future use of the service.

(B) Earning Coins You may earn Coins for participating in different types of activities (each a “Mission”), which we may modify, suspend, or terminate from time to time. You may check your Coins balance of nearD Coins and their expiration dates (if any) from time to time within your nearD account page. The amount that appears will include Coins you purchased and collected from Mission.

(C) Rewards Coins can be used to purchase in-app items such as rewards or badges (“Rewards''). Go to the My Coins Balance page in Mission to purchase Rewards with the use of nearD Coins. Redemption details will be provided at the time of processing. All redemptions are subject to approval from the nearD team. In addition, Rewards may expire, in which case we will use reasonable efforts to notify you of the applicable expiration date or period prior to the expiration of those affected Rewards.

13. Modifications to service

nearD has rights to temporarily or permanently, at any time to modify or terminate the service (or any part thereof), whether or not notification. This service any modification, suspension or termination, you agree nearD for you and any third party shall not be liable.

14. Termination

You have to agree nearD based on its sole discretion, for any reason, including but not limited to lack of use, or nearD think and express provision spirit you have violated the Terms of Service, terminate your password, account (or any part thereof) or this use the service, and any "Content" within the service to be removed and deleted. nearD regardless of whether you notice, in their sole discretion may at any time terminate the Service or any part thereof. You agree that the Service provided under this provision of the Terms of Service, without prior notice to suspend or terminate you, you acknowledge and agree, nearD have to close your account or delete your account and all related information and upload the "Content" immediately, and / or prior to prohibit the use of open files and the service. Further, you agree that if you enter the service is suspended or terminated, or your account or related information and files to be frozen or deleted, nearD to you or any third party shall not be liable.

15. Dealings with advertisers

You or to the Service through the Service with advertisers correspondence or business dealings with, or participation in promotions of, contains payment related goods or services and delivery, as well as pre-opening trading any other terms, conditions, warranties or representations, exclusively for you and before the opening of behavior between advertisers. Before opening any transaction or advertisers appearing in any open nature of the service born of loss or damage, you agree nearD not to be responsible.

16. Links

The Service or third parties may provide links to other World Wide Web sites or resources. Due to such sites and resources before nearD can not control, you understand and agree that such external sites or resources are available for use, nearD not responsible or liable for any "Content" before the open sites or resources, advertising, products or other materials, it does not mean nearD agree also not responsible. You further agree that the use or the presence or through any "Content" open to any sites or resources before the trust, born of goods or services or any damage or loss allegedly born of, nearD assumes no direct or indirect liability.

17. Disclaimer

You expressly understand and agree that: (A) nearD obligations related to the service according to the terms of service, is limited to reasonable skill and care related services you provide. Terms of Service does not have any content, due exclusion or limitation nearD negligence, fraud or other responsible behavior applicable law can not exclude or limit, which led to the death or personal injury. (B) your use of the Service risk borne by you personally. This service is provided on an "as is" and "as available" basis. nearD expressly does not provide any warranties, express or implied, including, but not limited to, merchantability, fitness and rights are not infringed by third parties for a particular purpose. (C) nearD does not guarantee the following: (i) the Service will meet your requirements, (ii) THE SERVICE uninterrupted, timely, secure, or error free, (iii) acquired by the use of the Service results correct or reliable, (iv) you purchased or obtained through the service any products, services, information or other materials will meet your expectations. (D) whether downloaded via the use of the Service or obtain any information should you own discretion and risk and, due to open before downloading any information of any damage caused or loss of data on your computer system, you should bear full responsibility. (E) via yourself nearD or get advice and information of this service, regardless of the terms of a written or verbal, will not constitute any guarantee this service is not explicitly stipulated. (F) information concerning any loss or operating system errors lead to (including but not limited to posts, integral, cream, gold, short messages, etc.), nearD not responsible.

18. Limitation of Liability

You expressly understand and agree that the loss caused by the following reasons, including, but not limited to, profits, goodwill, use, data loss or other intangible losses, nearD not be liable for any direct, indirect, incidental, special, consequential or punitive damages (open the possibility of compensation before even nearD has been advised versa) : (i) the use of or inability to use the service, (ii) or purchased or obtained via any goods, data, information or services through the service, or receive it derivative of the message, or traded on an exchange of the purchase cost of replacement of goods and services, (iii) your transmissions or data of any unauthorized access or alteration, (iv) a statement of any third person or the service behavior, or (v) other matters relating to the service (except in this Terms of service otherwise expressly provided).

19. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or incidental or consequential compensation will be limited or excluded. So some restrictions of Article 18 and 19 may not apply to you.

20. Notice

Notice was issued to you via SMS or announcement. When this Terms of Service or other matters are subject to change, this service can also display links notice or notification.

21. Copyright and Copyright Agent

nearD respect the intellectual property of others, also calls for the same users to respect the intellectual property of others join the festivities. If you believe that your work has been remade the circumstances constitute an infringement of copyright, you can provide the following information to nearD for follow-up: Electronic or entity entitled to act on the copyright interests of all of the signatures. You claim has been infringed by copyrighted material described. Your claim was infringed copyrighted works you rights to the location of the site where the narrative. Your address, telephone number and e-mail address. Your good faith belief that use of intellectual property without the copyright owner, its agent, or the law of the declaration. Do you understand under penalty of perjury, before you declare open the information contained in the notice are correct, and you are open statement on the copyright owner or authorized to act on the copyright man-made.

22. General Conditions

Terms of Service constitute the entire agreement with you and nearD and govern your use for the Service, and replace any that you have previously agreed with nearD whom. You use affiliate services, third-party content or software, and should also comply with additional terms and conditions applicable. Terms of Service and your legal relationship with the nearD, are subject to the Government of the Hong Kong Special Administrative Region People's Republic of China (hereinafter referred to as "Hong Kong") is governed by its conflict of law does not apply. And nearD you agree to submit to the personal and exclusive jurisdiction of the courts of Hong Kong. nearD to exercise or enforce any right or provision of this service requirement, the abandoned right or does not constitute before. If any provision of this Terms of Service by the jurisdiction of the court is found invalid, the parties nevertheless agree that the court should endeavor to open before provisions reflect the parties' intentions effectiveness, and other provisions of these Terms of Service should continue to remain in full force and effect. You agree that regardless of whether any statute or law to other provisions, any claim or cause of action to use the Service or the Terms of Service arising out of or related to it, after opening claim or cause of action occurred shall, before filed within one year, or be forever barred. Title Terms of Service are for convenience only and have no legal or contractual effect.

23. Default

If anything was found in violation of the Terms of Service, please notify the Company to follow up.

Date: 17 July 2020