NearHere.com ("NearHere") and its owners provide services to you subject to the following conditions. If you visit, use, or shop at the NearHere site, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Policy, which also governs your visit to the NearHere site, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit the NearHere site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NearHere or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of NearHere and protected by U.S. and international copyright laws. All software used on this site is the property of NearHere or its software or service suppliers and protected by United States and international copyright laws.

Under no circumstance may you copy content (including trivia questions, answers, or quizzes) from the NearHere site. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with our express written consent. We monitor our server logs regularly and vigorously pursue those who violate these terms.

TRADEMARKS

NearHere, and other marks indicated on our site are trademarks of NearHere, in the United States and other countries. NearHere's trademarks and trade dress may not be used in connection with any product or service that is not NearHere's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NearHere. All other trademarks not owned by NearHere or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NearHere or its subsidiaries.

AGE

You must be over 15 years old to use NearHere.com or submit data to NearHere.com.

If you are under the age of 18, you acknowledge that your parents/guardians are aware that you are using NearHere.com and that they understand that the result of your actions while online may ultimately legally be THEIR responsibility.

PRIVACY ISSUES AND YOUR RESPONSIBILITY

YOU are ultimately responsible for your privacy online. Do NOT use a username with part of your real name or email address in it if privacy concerns you! Do NOT volunteer personal information on message boards, chat boards, or elsewhere. NearHere is under no obligation to remove what you post in order to protect you from yourself. When you post anything to NearHere.com, you are posting with the understanding that it may be there, unchanged, on the internet for the public to see for decades to come. Please think before you post.

Also note that all NearHere message boards and inter-user messages are visible by our moderators and administrators for purposes of dealing with inapporpriate material. Do NOT assume that any correspondence on NearHere is completely private.

NearHere takes absolutely no responsibility for damage that you do to yourself as a result of what you say or do on our site.

OTHER USERS

NearHere makes no guarantees about the veracity of what other users may post about themselves. We do not (because it is technically infeasible) verify ages, names, locations, or facts from other users. It is your responsibility to be skeptical of other users and any information that they post. NearHere is not responsible for any claims arising from inter-personal interactions that you may have with other people as a result of meeting them on NearHere.

LICENSE AND SITE ACCESS

NearHere grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NearHere. NearHere members may modify quizzes that they create, and selected editors or administrators may modify select parts of the site. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NearHere. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NearHere without express written consent. You may not use any meta tags or any other "hidden text" utilizing NearHere's name or trademarks without the express written consent of NearHere. Any unauthorized use terminates the permission or license granted by NearHere. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage, and quiz index, and any particular quiz of NearHere site so long as the link does not portray NearHere, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NearHere logo or other proprietary graphic or trademark as part of the link without express written permission.

The owner of an account is ultimately responsible for the actions taken under that account's name.

USER SUBMITTED MATERIAL

Much of the trivia on NearHere originates from visitors to the website. When a user submits trivia, all content becomes the property of NearHere (and the user clicks a SAVE button stating and agreeing to this fact at submit time). NearHere has all rights and ownership to content/questions entered and may publish and use this content in any way, forever.

For purposes of ensuring content accuracy, we allow users to modify their recently posted quizzes. We reserve the right to accept or deny such edits. Note however that once a quiz is submitted, you have no rights to demand modifications or deletion.

NearHere reserves the right not to include questions submitted and does not guarantee that submitted quizzes will be placed online. Quizzes submitted may be edited, modified or deleted by our editorial staff at any time. Any user who does not agree to these provisions may not submit material to NearHere.

In addition, users submitting content to NearHere certify when they submit the content that the content is in their own words and has not been taken from any copyright source(s). NearHere's volunteer editors do what they can to ensure that any material that is found to infringe any copyright is rejected for publishing. In addition, any user found to be submitting plagiarized work will immediately have their accounts terminated and banned from NearHere. NearHere takes plagiarism seriously. If you have reason to believe that any content in any NearHere quiz violates any copyright, please report it here and we will take prompt action.

Some NearHere quizzes use the names of famous people, places, products, and large companies in trivia questions. If you would prefer that NearHere NOT publish trivia regarding a trademark, company, person, etc for which you represent, please report it here and we will remove the content.



YOUR ACCOUNT

NearHere and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

A NearHere account is a privillege, not a right. Due to the banning of abusive users accessing NearHere from certain IPs, NearHere may or may not even be reachable from your IP address.

RISK OF LOSS

All items purchased from NearHere are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

TRIVIA QUESTION ACCURACY

This applies to our publicly available content AND our trivia question products.

NearHere attempts to be as accurate as possible. However, NearHere does not warrant that product descriptions or other trivia content is accurate, complete, reliable, current, or error-free. It is ultimately your responsibility to check and validate any content originating from NearHere.com. We provide our content for entertainment purposes.

If a product offered by NearHere itself is not as described, your sole remedy is to return it in unused condition.

THIRD PARTY CONTENT

NearHere has co-branding arrangements with a couple of companies. These other companies are ultimately responsible for their content, as they run it.

These include: SkillJam.com, our provider of "prize money games". They can be contacted at skilljam.com

ADVERTISING

Our banner ads are provided by a variety of third party advertising networks, including Google adsense, Tribal Fusion, Burst Media, Casale Media, and Fastclick. These companies serve NearHere users ads, and as such are responsible for the content that they serve.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY NearHere ON AN "AS IS" AND "AS AVAILABLE" BASIS. NearHere MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NearHere DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NearHere DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NearHere ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NearHere WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. NearHere DOES NOT CHECK FACTS AND TRIVIA FOR ACCURACY AND ANY USE OF INFORMATION OR OTHER CONTENT IS DONE AT YOUR OWN RISK -- VERIFY ALL INFORMATION FIRST.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting NearHere, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and NearHere.

DISPUTES

Any dispute relating in any way to your visit to NearHere or to products you purchase through NearHere shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate NearHere's intellectual property rights, NearHere may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to the NearHere site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.