Terms of Service

Anearly provides online social networking services. This agreement includes the policies that Anearly accepts for using Anearly's services and content published on the Anearly website and applications, your rights, obligations, and restrictions on using Anearly's services and terms of service. To participate in certain services provided by Anearly, you (the user) may be informed that you need to download software or content and/or agree to additional terms and conditions. Anearly hereby specifically reminds you to read this terms of service (hereinafter referred to as the "Agreement") and all its schedules carefully to ensure that you fully understand all terms before registering as a user. Additional terms and conditions applicable to the services you choose to participate in provided by Anearly are hereby incorporated into this Agreement. You can receive a copy of this Agreement by sending an email to support@anearly.com with the subject: Terms of Use Agreement.

Anearly may modify this Agreement from time to time, and such modifications will take effect upon publication on Anearly's official website. You agree to comply with any changes to this Agreement when using the services provided after any such modifications are published by Anearly. Therefore, you must regularly review this Agreement and ensure that you are aware of any changes. Anearly reserves the right to refuse, deny publication, or delete any posts (including private messages) at any time, for any reason, whether or not prior notice is given, and shall not be liable for any such actions. Anearly exclusively reserves the right to delete your personal data and/or restrict, suspend, or terminate your access to any part of Anearly's services at its discretion if it determines that you pose a threat to Anearly and/or its members. Anearly also reserves the right to change, modify, or delete any part or all of the personal information you add without prior notice.

Anearly may contain inaccurate, inappropriate, offensive, or explicit information or any information prohibited by Article 7 of this Agreement (posted by any member of Anearly, for example, in their profiles), and Anearly shall not bear any responsibility or obligation.

1. Eligibility

To create an account on Anearly, you must provide us with your name, email address, and/or phone number, and a password, and agree to Anearly's user agreement, which stipulates how Anearly handles your information. You may provide additional information during the registration process (e.g., your gender, age, position, company, hobbies, etc.) to create your profile and receive more customized services on Anearly.

To enable some features on Anearly, you may upload your phone contacts to Anearly's services using Anearly's contact importer (or other similar features). Any information you upload or sync to Anearly's services is subject to the user agreement. You can delete your contacts and any other synced information at any time. By using Anearly's services, you agree that Anearly can collect, use, and share your information in accordance with Anearly's terms of service, as revised from time to time. By continuing to use Anearly's services after any changes are made, whether or not we notify you, you agree to the revised terms of service. By using Anearly's services, you represent and warrant that (a) all registration information you submit is true and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years old and have reached the age of majority under the laws of your country; (d) your use of the services provided by Anearly does not violate any applicable laws or regulations. Your personal data may be deleted, and your membership may be terminated if Anearly believes you are under 18 years of age or have not reached the age of majority under the laws of your country, without prior notice. In the process of providing services, Anearly will collect, store, and use the following information related to you:

The information you provide to Anearly when creating an account or using the services provided by Anearly, such as your name, phone number, email address, and credit card details;
The information you provide while using the services provided by Anearly, including the information you share through the services provided by Anearly and the information you store while using the services provided by Anearly to share with others;
Information shared about you by others using the services provided by Anearly, such as information contained in posts they publish and information exchanged between you and others using the services provided by Anearly; and
Information collected by Anearly while you use the services, such as certain location data, log data, and public information.

When providing services, Anearly will collect, store, and use "location data." Location data is information collected about your location (when you use location services), including:

Information about your location when you use the services provided by Anearly (e.g., GPS, Wi-Fi, compass, accelerometer, or other sensors in your device);
The IP address of the device or internet service you use to access the services provided by Anearly;
Other information provided by you or others that indicates where you are now or have been, such as account information indicating your location and shared information you post or other information indicating your location, such as any geotag information embedded in any available photos you upload to Anearly; and
If you have previously provided your location data to Anearly and wish for us to delete such existing location data, you can do so through the services provided by Anearly.

Anearly collects, stores, and uses "log data," which is technical information automatically collected by Anearly during the use of the services. When using the services provided by Anearly, whether through the use of cookies (as detailed in the cookie policy) or otherwise, including:

Technical information, such as your mobile carrier, configuration information provided by the website you use to access the services provided by Anearly, your IP address, and your device version and identification number;
Information about the content you search for and view while using the services provided by Anearly (e.g., search terms used, social media profiles accessed, and details of other information and content accessed or requests made while using the services provided by Anearly);
Information about the applications and software you use;
Information about communications you make while using the services provided by Anearly, such as the time, date, and duration of communications with people you have contacted; and
Metadata, which is information related to items provided through the services provided by Anearly, such as the date, time, or location of photos or videos shared or posted.

This Agreement remains fully effective during your registration as a member using the services provided by Anearly. You may terminate your membership at any time for any reason by following the instructions on the membership account settings page. Anearly may terminate your membership at any time without prior notice. Even if your membership is terminated, this Agreement will continue to be effective, including Articles 5-17.

2. Privacy of Personal Information

Except as permitted by these terms of service or as otherwise agreed by you, Anearly will not transfer your personal information to any other third party for any purpose. Anearly and its affiliates may share your personal information within their corporate group and with joint risk partners and third-party service providers, contractors, and agents (e.g., providers who send emails or push notifications on behalf of Anearly, assist Anearly with location data, assist Anearly with business analytics partners, and advertising partners). Additionally, Anearly may allow such third parties to collect your personal information in the services provided. In each case, Anearly allows sharing and/or collecting for the following purposes: (i) to provide Anearly's services to you; (ii) to assist Anearly in fulfilling the purposes outlined in the "How We Use Your Information" section; (iii) to fulfill Anearly's obligations and enforce Anearly's rights under the terms of service; and/or (iv) for Anearly's business, including allowing Anearly to improve its services. These third parties may be located outside of your jurisdiction, and Anearly will make reasonable efforts to ensure that such third parties only use your personal information: (i) in compliance with Anearly's terms of service; (ii) in accordance with any other instructions given to them, including any appropriate confidentiality and security measures implemented by Anearly.

You agree that Anearly or its affiliates may need to retain, preserve, or disclose your personal information: (i) to comply with applicable laws or regulations; (ii) to comply with court orders, subpoenas, or other legal processes; (iii) at the request of government authorities, law enforcement agencies, or similar agencies (whether located in your jurisdiction or elsewhere); or (iv) as Anearly deems reasonably necessary to comply with applicable laws or regulations. You also agree that Anearly or its affiliates may need to disclose your personal information to enforce the terms of service or protect the rights, property, or safety of Anearly, its affiliates, or other members.

3. Password

When you register as a member, you will also be required to choose a password. You are solely responsible for maintaining the confidentiality of your password. You agree not to use your account, username, or password for any other member at any time or disclose your password to any third party. You agree to notify Anearly immediately if you suspect any unauthorized use of your account or access to your password at support@anearly.com. You are fully responsible for any and all use of your account.

4. Non-commercial Use by Members

The services provided by Anearly are for personal use only and may not be used in connection with any commercial activity, except as expressly permitted or approved by Anearly. Illegal and/or unauthorized use of the services provided by Anearly, including collecting usernames and/or email addresses of members for sending unsolicited emails or unauthorized framing or linking to the Anearly website by any means, is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in the termination of member privileges. Appropriate legal action will be taken against any illegal or unauthorized use of the services provided by Anearly.

5. Ownership of Anearly Content

By displaying or posting any content on or through the services provided by Anearly, you hereby grant Anearly a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on or through the services provided by Anearly.
You represent and warrant that: (i) you have the right to grant the licenses set forth in this section, and (ii) the content you post on or through the services provided by Anearly does not infringe the privacy rights, publicity rights, copyrights, contractual rights, or any other rights of any person. You agree to pay all royalties, fees, and any other amounts owed to any person due to your posting of any content on or through the services provided by Anearly.
The services provided by Anearly contain content generated by Anearly that is protected by copyright, trademark, patent, trade secret, and other laws, and Anearly owns and retains all rights to the content generated by Anearly and the services provided by Anearly. Anearly hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the content generated by Anearly (excluding any software code) solely for your personal use in connection with browsing the Anearly website and using the services provided by Anearly. Any liability for improper use of Anearly's content is solely your responsibility.
The services provided by Anearly contain content from members and other licensed parties of Anearly. Except for the content you post, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the services provided by Anearly.

6. Posting Content

Anearly may delete any content that Anearly deems to violate this Agreement or may be offensive, illegal, or infringe upon the rights of any person, or threaten the safety of any person. Anearly is not responsible for monitoring inappropriate content or behavior in the services provided by Anearly. If at any time Anearly chooses to monitor the services provided by Anearly, Anearly does not assume any responsibility for content and has no obligation to modify or delete any inappropriate content, and shall not be liable for the actions of users submitting any such content.
You are solely responsible for any content you post on or through any services provided by Anearly, as well as any materials or information you transmit to other members and any interactions you have with other members. Anearly does not endorse and cannot control content. Anearly does not necessarily review content prior to posting and does not necessarily reflect the opinions or policies of Anearly. Anearly makes no express or implied warranties regarding the accuracy and reliability of any content or materials or information you transmit to other members.

7. Prohibited Content/Activities

The following are illegal or prohibited on or through the services provided by Anearly. Anearly reserves the right to investigate and take appropriate legal action against anyone who violates these provisions, including but not limited to removing communications that violate this Agreement from the services provided by Anearly, terminating the membership of such violators, and pursuing legal action for any damages caused to Anearly (if any). Prohibited content includes but is not limited to, as determined by Anearly:

Promoting any form of racism, prejudice, hatred, or physical harm against any group or individual;
Violating any patent;
Harassing or advocating harassment of others;
Exploiting others in a sexual or violent manner;
Containing nudity, violence, or offensive themes or links to adult websites;
Soliciting personal information from anyone under the age of 18;
Providing any phone numbers, street addresses, last names, URLs, or email addresses;
Promoting information that you know is false or misleading, or promoting illegal activities or behavior that is abusive, threatening, obscene, defamatory, or libelous;
Promoting illegal or unauthorized copies of copyrighted works, such as providing links to pirated computer programs or information to circumvent copy protection devices installed by manufacturers, or providing links to pirated music or pirated music files;
Involving "spam," "chain letters," or unsolicited bulk email, instant messages, "junk mail," or "spam";
Including restricted or password-only pages or hidden pages or images (not linked to or from another accessible page);
Promoting any criminal activity or enterprise, or providing information regarding illegal activities, including but not limited to the manufacture or purchase of illegal weapons, invasion of privacy, or providing or creating computer viruses;
Soliciting passwords or personal identifying information from other members for commercial or illegal purposes;
Involving commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
Including photos of others posted without their consent; or
Using sexually suggestive images or any other unfair, misleading, or deceptive content designed to attract traffic to personal profiles, such as celebrity photos.

The following is a partial list of types of illegal or prohibited activities on the Anearly platform, as well as through your use of the services provided by Anearly. Anearly reserves the right to investigate and take appropriate legal action against anyone who violates these provisions, including but not limited to reporting violators to law enforcement. Prohibited activities include but are not limited to:

Criminal or tortious activities, including child pornography, fraud, trafficking in obscene materials, drug dealing, gambling, harassment, stalking, spamming, sending malicious or harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Sending any chain letters or spam to other members through the use of the services provided by Anearly. It is also a violation of these rules to use any information obtained from the services provided by Anearly to contact any member for advertising, solicitation, or sales without their prior explicit consent. To protect our members from such advertising or solicitation, Anearly reserves the right to limit the number of emails members can send to other members within any 24-hour period to a number that Anearly deems appropriate. If unsolicited bulk emails, instant messages, or any other unsolicited communications are disseminated in violation of this Agreement, it shall be acknowledged that it causes significant harm to Anearly, but the extent of such harm will be difficult to ascertain. As a reasonable estimate of such damages, you agree to pay Anearly $50 for each such unsolicited email or other unsolicited communication you send through the services provided by Anearly. To the extent that the amount is insufficient to compensate Anearly for its losses, you shall be liable for the difference;
Covering or hiding your personal profile page or any banner ads on any Anearly page through automated means, such as using scripts to add friends or send comments or messages;
Any automated use of the system, such as using scripts to add friends or send comments or messages;
Interfering with, disrupting, or placing an unreasonable burden on the services provided by Anearly or the networks connected to the services provided by Anearly;
Attempting to impersonate another member or individual;
For band profiles, copying the code of your Anearly player and embedding it into other profiles or asking other members to embed it into their profiles;
Using another member's account, username, or password at any time, or disclosing your password to any third party or allowing any third party to access your account;
Selling or otherwise transferring your personal profile;
Using any information obtained from the services provided by Anearly to harass, abuse, or harm another person;
Displaying advertisements on your personal profile, or accepting payment or anything of value from a third party in exchange for your representation of the services provided by Anearly, such as placing commercial content in your personal profile, posting blogs or announcements with commercial advertisements, selecting personal profiles with commercial purposes as one of your "top 8" friends, or sending private messages with commercial purposes; or
Using the services provided by Anearly in any manner that does not comply with any and all applicable laws and regulations.

8. Copyright Policy

You may not post, modify, distribute, or reproduce any copyrighted materials, trademarks, or other proprietary information belonging to others without the prior written consent of the owner. According to Anearly's policy, this will result in the termination of your membership privileges if you repeatedly infringe the copyrights of others after receiving proper notice from the copyright owner or the copyright owner's legal representative. Without limiting the foregoing, if you believe that your work has been copied and posted in a way that constitutes copyright infringement on the services provided by Anearly, please provide the following information to support@anearly.com: (i) your electronic or physical signature, or the signature of a person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material you claim is infringing is located on the services provided by Anearly; (iv) your address, telephone number, and email address; (v) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement 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 behalf of the copyright owner.

9. Member Disputes

You are solely responsible for your interactions with other members of Anearly. Anearly reserves the right, but has no obligation, to monitor disputes between you and other members.

10. Privacy

Your use of the services provided by Anearly is also governed by Anearly's privacy policy, which is incorporated herein by reference.

11. Use of Paid Features

Some value-added services of Anearly (Anearly Premium) are for paid use, and you need to purchase any paid services by selecting, purchasing, and paying for the corresponding services on the purchase page. Anearly may offer products and services for purchase through (the "in-app purchase") iTunes, Google Play, carrier billing, Anearly direct billing, or other payment platforms authorized by Anearly. When making a purchase, you should confirm the category, quantity, duration, automatic renewal period (if applicable), and other details of the services you are purchasing based on your actual needs. By making a payment, you also confirm that, unless there are valid legal reasons, you will not request modifications or refunds.

After purchasing Anearly Premium, you can see users who liked you, unlimited likes per day, and have access to additional exclusive features beyond those available to regular Anearly registered users, as specified on the purchase and usage page. After completing the registration process, you can pay for the corresponding services through the payment methods provided by Anearly. Anearly Premium may not be rented, loaned, transferred, or licensed for use by any third party for profit, operation, or other non-personal purposes.

If you purchase an automatic recurring subscription, your payment method will continue to be charged until you cancel the subscription. If you purchase value-added services at an unadjusted price, you will not be affected by any price adjustments that may occur during the validity period of the purchased value-added services; however, you will need to pay the latest price at the time of your next purchase or automatic renewal. If you do not wish for your subscription to automatically renew, you can follow the guidelines and steps in [Help - How to Cancel Automatic Renewal?]. If you fail to cancel the automatic renewal at least 24 hours before the end of the subscription period, you will be deemed to accept the continued charging by Anearly according to the agreement and the automatic renewal period you selected. If you stop using Anearly during the validity period of the value-added services, Anearly shall not be liable for refunding the corresponding service fees for the remaining period. Deleting your account on Anearly or deleting the Anearly application from your device will not cancel your subscription.

If you request an invoice after purchasing any paid features of Anearly, Anearly will be responsible for issuing the value-added tax invoice you requested for the current year, and you will bear the value-added tax and shipping costs, courier fees, and other costs (if any).

12. Disclaimer

Anearly is not responsible for any incorrect or inaccurate content posted on the Anearly website or related to the services provided by Anearly, whether caused by Anearly members or by any equipment or program used in connection with the services provided by Anearly. Member profiles created and posted on the Anearly website may contain links to other websites. Anearly is not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by Anearly. The inclusion of any link to a third-party website in the services provided by Anearly does not imply endorsement or approval by Anearly of the linked website. When you access these third-party websites, you do so at your own risk. Anearly is not responsible for any third-party advertisements posted on the Anearly website or through the services provided by Anearly, nor for the goods or services provided by such advertisers. Anearly is not responsible for the online or offline conduct of any user of Anearly services. Anearly is not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft or destruction, or unauthorized access to or alteration of any communications between members. Anearly is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or any failure due to technical problems or traffic congestion on the Internet or any services, including any injury or damage to users or any person's computer related to participation or downloading from Anearly. In no event shall Anearly be liable for any loss or damage, including personal injury or death, resulting from the use of the services provided by Anearly, participation in activities organized or sponsored by Anearly, or from any content posted on or through the services provided by Anearly, or from the actions of any members of Anearly, whether online or offline. The services provided by Anearly are provided on an "as is" and "as available" basis, and Anearly expressly disclaims any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Anearly cannot guarantee or warrant any specific results from the use of the services provided by Anearly.

13. Limitation of Liability

In no event shall Anearly be liable to you or any third party for any indirect, consequential, punitive, incidental, special, or exemplary damages, including but not limited to loss of profits arising from your use of the services, even if Anearly has been advised of the possibility of such damages. Notwithstanding anything to the contrary herein, Anearly's liability to you for any reason shall at all times be limited to the amount you paid to Anearly for the services provided during your membership period (if any). Anearly shall not be liable for any damages or losses caused by the actions or inactions of you or any third party, including but not limited to any third-party payment services or internet access services.

14. Disputes

If there are any disputes regarding the services provided by Anearly or involving any disputes, you agree that the disputes shall be governed by the laws of Hong Kong, without regard to its conflict of law provisions. Anearly or you may request that any disputes between Anearly and you regarding or involving the services provided by Anearly must be resolved through arbitration using the dispute resolution procedures in Hong Kong, provided that this does not prevent Anearly from seeking injunctive relief in a court of competent jurisdiction. The arbitration award shall be final and binding on both Anearly and you.

15. Indemnification

You agree to indemnify and hold harmless Anearly, its subsidiaries and affiliates, and their respective officers, agents, partners, and employees from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of your violation of these terms of service or any agreements made with third parties arising from your use of the services provided by Anearly and/or any content you post on the Anearly website or through the services provided by Anearly that causes Anearly to be liable to others.

16. Miscellaneous

When you use the Anearly website, software, or any services provided by Anearly, you accept this Agreement and further affirm your membership. This Agreement constitutes the entire agreement between you and Anearly regarding the use of the services provided by Anearly. The failure of Anearly to exercise or enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. The section headings in this Agreement are for convenience only and have no legal or contractual effect. This Agreement shall be fully enforceable to the extent permitted by law. If any provision of this Agreement is found to be illegal, invalid, or unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The copyright of these terms of use belongs to Anearly, and Anearly reserves the right to interpret and modify them. If you have any questions regarding this Agreement, please contact us at support@anearly.com.