Terms and Conditions

Last Updated: October 8, 2025

1. Eligibility and Scope

You may only use NearbyReads if you are at least 18 years of age and are of sufficient legal capacity to use NearbyReads and be bound by these Terms. NearbyReads is designed for use only by persons located in the United States. The Service is not approved for distribution outside of the United States.

Books Only: NearbyReads is exclusively a marketplace for buying and selling physical books. Listings for any other goods or services are strictly prohibited.

2. NearbyReads Not a Party to Transactions

NearbyReads acts as a venue to allow users who list books for sale ("Sellers") to connect with users seeking to purchase books ("Buyers"). NearbyReads:

• Does not own or have possession of any books listed on the Service
• Does not enter into any transaction between Sellers and Buyers
• Is not a party to any sale agreement or other transaction between users
• Provides no insurance, guarantees, or warranties relating to any transaction
• Does not serve as a judge or mediator for any dispute between users
• Does not process payments between users

You acknowledge that NearbyReads acts solely as a passive conduit for the online distribution and publication of user-submitted content. We do not create, develop, or materially contribute to user content.

3. License

If you agree to these Terms and are of sufficient age and capacity to use NearbyReads, we grant you a limited, revocable, non-exclusive, non-assignable license to use NearbyReads in compliance with these Terms; unlicensed use is unauthorized.

You agree not to display, "frame," make derivative works, distribute, license, or sell content from NearbyReads, excluding content you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.

4. Use Restrictions

You agree not to:

• Use or provide software (except general purpose web browsers) or services that interact with NearbyReads, including for downloading, uploading, posting, or automated access
• Copy or collect NearbyReads content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent
• Post misleading, unsolicited, or unlawful content, communications, or accounts
• Buy or sell user accounts
• Post content that is prohibited by NearbyReads policies (see Section 5)
• Abuse NearbyReads flagging or reporting processes
• Collect user information or interfere with NearbyReads
• Bypass, circumvent, or attempt to bypass any moderation, security, or access controls

You agree we may moderate NearbyReads access and use in our sole discretion, including by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access, license, or account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.

5. Prohibited Content

Users must comply with all applicable laws, these Terms, and all posted site rules. Here is a partial list of content and conduct prohibited on NearbyReads:

• Offers, solicitation, or facilitation of illegal prostitution and/or sex trafficking
• Exploitation or endangerment of minors; child pornography
• Listings for items other than physical books
• Stolen property, property with removed or altered identification
• Counterfeit, replica, or pirated items
• False, misleading, deceptive, or fraudulent content; bait and switch
• Offensive, obscene, defamatory, threatening, or malicious postings or messages
• Anyone's personal, identifying, confidential or proprietary information without authorization
• Spam; miscategorized, overposted, cross-posted, or nonlocal content
• Content whose primary purpose is to drive traffic to a website
• Affiliate marketing; network, or multi-level marketing; pyramid schemes
• Any content that violates the law or legal rights of others

This list is not exhaustive. We reserve the right to determine what constitutes prohibited content in our sole discretion. Please flag anyone you see violating these rules.

6. User Warranties and Responsibilities

By posting content on NearbyReads, you represent and warrant that:

• You own or control all rights in and to the content and have the right to grant us the license described above
• All of your content is truthful, accurate, and complies with applicable law
• Your content does not infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any person
• Your content does not violate the legal rights (including rights of publicity and privacy) of others

You understand and acknowledge that you are solely responsible for any content you submit or contribute, and you, not NearbyReads, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. NearbyReads is not responsible or liable to any third party for the content or accuracy of any content posted by you or any other user.

7. Copyright Policy and DMCA

NearbyReads respects the intellectual property rights of others and expects users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").

Filing a DMCA Notice

If you believe your copyrighted work has been infringed on NearbyReads, please provide our designated copyright agent with the following:

• Your physical or electronic signature
• Identification of the copyrighted work claimed to have been infringed
• Identification of the infringing material with sufficient detail for us to locate it
• Your contact information (name, address, telephone number, and email address)
• A statement that you have a good faith belief that the use is not authorized
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner

Repeat Infringer Policy

We will terminate the accounts of users who are repeat copyright infringers. Users who receive multiple valid DMCA notices will have their accounts permanently terminated without notice or refund.

8. Liquidated Damages

You further agree that if you violate these Terms, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows:

• $1 per violation: Collecting or harvesting user information, including personal or identifying information
• $1 per violation: Abusing or attempting to abuse flagging or reporting processes
• $4 per violation: Posting or attempting to post prohibited content
• $4 per violation: Creating a misleading or unlawful account or buying/selling an account
• $4 per violation: Bypassing or attempting to bypass our moderation efforts
• $25 per violation: Sending an unauthorized or unsolicited email to an email address obtained from NearbyReads
• $500 per violation: Using user information to make an unauthorized or unsolicited text message, call, or communication to a user
• $1,000 per violation: Publishing or misusing personal or identifying information of a third party without express written consent
• $1,000 per violation: Misrepresenting your identity or affiliation in connection with your use of NearbyReads
• $1,000 per violation: Distributing any software to facilitate violations of these Terms
• $3,000 per day: Aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting NearbyReads content without our express written consent
• $0.25 per page: Requesting, viewing, or accessing more than 1,000 pages in any 24-hour period (for each page after the first 1,000 pages)

You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief. You further agree that repeated violations will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

9. Disclaimer and Liability

NearbyReads Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to NearbyReads, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

We cannot guarantee NearbyReads will be available 100% of the time. Although we strive to provide a reliable service, interruptions and delays are unavoidable and we disclaim any liability for damages resulting from such problems. We have no control over and do not guarantee the safety of any transaction, the truth or accuracy of any listing, or the conduct of any user.

10. Indemnification

You agree to indemnify, defend, and hold harmless NearbyReads Entities from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (1) your use of NearbyReads; (2) your violation of these Terms; (3) your violation of any rights of another party, including other users; (4) content you post on NearbyReads; or (5) any transactions or interactions you have with other users. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

11. General Release

NearbyReads is not involved in transactions between Sellers and Buyers or other user dealings. If a dispute arises between any users, each party releases NearbyReads (and its respective agents, employees, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes or with your use of NearbyReads.

12. Dispute Resolution and Arbitration

Informal Resolution

Most concerns can be resolved quickly by contacting us at legal@nearbyreads.com. Before filing any formal dispute, you agree to first attempt to resolve the issue informally.

Binding Arbitration

In the event that we are unable to resolve a dispute informally, you agree that any dispute, claim, or cause of action ("Claim") between you and us arising out of use of NearbyReads (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will take place in Massachusetts or at another mutually agreed location. The arbitrator's decision will be final and binding, and judgment may be entered in any court having jurisdiction.

13. Governing Law and Jurisdiction

Any Claim arising from or related to NearbyReads will be governed by the internal laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions, except to the extent governed by U.S. federal law.

Any Claims not subject to arbitration will be exclusively resolved by courts in Massachusetts. You agree to (1) submit to the personal jurisdiction of courts in Massachusetts, and (2) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party acting for your benefit.

14. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or NearbyReads must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.

15. Changes to These Terms

We may modify these Terms at any time in our sole discretion. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Post a conspicuous notice on the NearbyReads homepage for at least 30 days
• Send email notification to registered users

You are responsible for regularly reviewing these Terms. Your continued use of NearbyReads after changes constitutes acceptance of the updated Terms.

16. General Provisions

Entire Agreement

Unless you have entered into a separate written agreement with us that expressly references these Terms, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Severability

If any provision of these Terms is held to be unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The remaining provisions will remain in full force and effect.

No Waiver

Our actions or silence toward you or anyone else does not waive, modify, or limit these Terms or our ability to enforce them. No waiver by us shall be deemed a further or continuing waiver.

Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may freely assign our obligations and rights under these Terms.

Survival

The following sections survive termination of these Terms: License (content you grant us), Prohibited Content, Liquidated Damages, Disclaimer and Liability, Indemnification, General Release, Dispute Resolution, and Governing Law, and you will remain bound by those sections.

17. Contact and Reporting

If you become aware of content or activity that violates these Terms, please report it immediately:

We cooperate fully with law enforcement. If you believe illegal activity is occurring on NearbyReads, you may also report it to:

• U.S. Federal Trade Commission
• FBI Internet Crime Complaint Center
• Your state Attorney General's office

These Terms were last updated on October 8, 2025. The English version controls over any translations.