Draft for legal review. Not yet in effect.

Terms of service

Effective date: [to be set]

These terms apply to the Nearby Photo Share app and to watching a show in a web browser (together, "the service"). The service is run by Flarecorp Media Group LLC, a Nebraska company ("we"). By using it you agree to these terms. If you don't agree, don't use it.

Who can use it

You must be at least [13] years old to use the service.

What the service does

The app shows photos from your phone to people who open your show's link, while the show is running. Photos are encrypted on your phone and decrypted in viewers' browsers. We can't see them and don't keep them. A show ends when you end it, after a period without new photos, after 2 hours, if it's reported, or if we end it.

Your responsibility for what you show

You are responsible for every photo you show and for who you give the link to. Anyone with the link can watch. Only show photos you have the right to show, and only show people in them in ways they have agreed to.

What you must not show or do

You must not use the service to show, or to try to show:

Any sexual or sexualised image of a minor. We report apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC) and to law enforcement as the law requires.
Intimate or sexual images of anyone who has not consented to them being shown, including images that are real, altered or generated.
Sexually explicit material to anyone who has not agreed to see it, or to anyone under 18.
Material that threatens, harasses or bullies anyone, or that promotes violence against people.
Material that infringes someone else's copyright, privacy or other rights.
Anything else that is illegal where you or your viewers are.

You also must not interfere with the service, get around its limits, use it to send anything other than photos shown through the app, or try to use it without the app or a viewer's browser.

How rules are enforced

Because photos are encrypted, we don't review them. Instead, anyone watching can end a show for everyone with the Report button, and anyone can ask us to end a link with the takedown form. We act on takedown requests within 48 hours. We may end any show and block any link at any time. We cooperate with law enforcement as the law requires.

Reporting abuse

To report abuse or a link that broke these terms, use the takedown form or email abuse@flarecorp.com. Don't send us images; describe what you saw. If something involved a minor, also report it to NCMEC's CyberTipline or local police.

Privacy

Our privacy policy explains what the service handles and keeps.

The service is provided as is

We provide the service "as is" and "as available", without warranties of any kind, to the extent the law allows. We don't promise that it will always be available, that shows will reach every viewer, or that the sensitive-photo pause will catch every sensitive photo. That pause is a convenience, not a safeguard.

Limits on our liability

To the extent the law allows, we are not liable for indirect, incidental, special or consequential damages, or for what people show or watch through the service. Our total liability for any claim about the service is limited to [amount].

Your responsibility to us

You agree to cover our losses and reasonable costs from claims that arise because you broke these terms or showed something you had no right to show.

Changes and ending

We may change these terms by posting a new version here with a new effective date. Using the service after that means you accept the new terms. You can stop using the service at any time. We may stop offering it at any time.

Law

These terms are governed by the laws of the State of Nebraska and the United States. [Venue and dispute terms to be set by counsel.]

Contact

Flarecorp Media Group LLC, [postal address]. Email: abuse@flarecorp.com.