Peekamo.com Terms Of Use
1. ACCEPTANCE OF TERMS
Peekamo.com provides its 'Peekamo' service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time without
notice to you. Although we may attempt to notify you when major changes are made
to the TOS, you should visit this page periodically to review the TOS.
Peekamo.com may, in its sole discretion, modify or revise the TOS at any time,
and you agree to be bound by such modifications or revisions.
2. DESCRIPTION OF SERVICE
The Peekamo.com 'Peekamo' service (the "Service") provides registered users with
web-to-mobile, mobile-to-web and mobile-to-mobile messaging capabilities using
the peekamo.com website(s) or authorized short codes and longcodes. You
understand and agree that the Service may include advertisements and that these
advertisements are necessary for Peekamo.com to provide the Service. You also
understand and agree that Peekamo.com may, at its sole discretion, modify the
Service at any time and that Peekamo.com reserves the right to change the number
of free text messages and any other free goods and services offered by
Peekamo.com or to eliminate free goods and services offered by Peekamo.com in
their entirety. You also understand and agree that the Service may include
certain communications from Peekamo.com, such as service announcements and
administrative messages, and that these communications are considered part of
the Service. Unless explicitly stated otherwise, any new features that augment
or enhance the current Service shall be subject to the TOS. You understand and
agree that the Service is provided to you on an "AS-IS" basis and that
Peekamo.com assumes no responsibility for the timeliness, deletion, invalid
delivery or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service and that
access and subsequent usage may involve third party fees (such as Internet
service provider, mobile telephone subscription, text message reception, and
airtime charges). You are solely responsible for all such third party fees. In
addition, you must provide and are responsible for all equipment needed to
access and use the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
services under the laws of the United States, Canada or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or Peekamo.com has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Peekamo.com has
the right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof). Children under the age of 13
may not sign up for a Peekamo.com account or use any Peekamo.com services
without adult supervision.
4. PEEKAMO.COM PRIVACY POLICY
Registration Data and certain other information about you are subject to our
Privacy Policy. For more information, please review our full privacy policy at
www.peekamo.com/privacy.aspx. You
understand that through your use of the Service you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including the
transfer of this information to the United States and/or other countries for
storage, processing, and use by Peekamo.com and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
Your chosen password and account designation will be active upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account designation and are fully
responsible for all activities that occur under your password or account
designation. You agree to (a) immediately notify Peekamo.com of any unauthorized
use of your password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. Peekamo.com cannot
and will not be liable for any loss or damage arising from your failure to
comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, audio, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of
the person from which such Content originated. This means that you, and not
Peekamo.com, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. Peekamo.com does
not control the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content.
You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Peekamo.com be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via the
Service.
You agree to not use the Service to:
a. upload, post, text message, email, transmit or otherwise make available any
Adult Content or Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a
Peekamo.com official, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
e. upload, post, text message, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, text message, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. upload, post, text message, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, text message, email, transmit or otherwise make available any
material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any mobile
telephone, mobile device, computer software or hardware or telecommunications
equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any
organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Peekamo.com may or may not pre-screen Content, but that
Peekamo.com and its designees shall have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, or move any Content that is
available via the Service. Without limiting the foregoing, Peekamo.com and its
designees shall have the right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content on the Service.
You acknowledge, consent and agree that Peekamo.com may access, preserve, and
disclose your account information and Content if required to do so by law or in
a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with any subpoena or other legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights of
third-parties; (d) respond to your requests for customer service; or (e) protect
the rights, property, or personal safety of Peekamo.com, its users and the
public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected, and
use of these materials is subject to usage rules set by Peekamo.com and/or
content providers who provide content to the Service. You may not attempt to
override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is
strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of both the Internet and telecommunications
networks, you agree to comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United States or
the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Peekamo.com does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the Service, you grant
to Peekamo.com the following worldwide, royalty-free and non-exclusive
license(s), as applicable:
- With respect to Content you
submit or make available for inclusion on publicly accessible areas of the
Service, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service and elsewhere for the
purpose for which such Content was submitted or made available and also for the
purpose of providing and promoting the Service to which such Content was
submitted or made available.
- With respect to Content other
than photos, graphics, audio or video you submit or make available for inclusion
on publicly accessible areas of the Service, the perpetual, irrevocable and
fully sub licensable license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display such Content (in whole
or in part) and to incorporate such Content into other works in any format or
medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Service that
are intended by Peekamo.com to be available to the general public. For example,
publicly accessible areas of the Service include those portions of the Service
that are open to both members and visitors. Publicly accessible areas of the
Service do not include portions of the Service that are expressly restricted to
certain members.
9. INDEMNITY
You agree to indemnify and hold Peekamo.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purpose, any portion of the Service (including your Peekamo.com
I.D., account, account designation, password and other Peekamo.com information),
use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Peekamo.com may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that text messages, email messages, postings or other uploaded Content
will be retained by the Service, the maximum number of text messages and email
messages that may be sent from or received by an account on the Service, the
maximum size of any text message or email message that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on Peekamo.com's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in a given
period of time. You agree that Peekamo.com has no responsibility or liability
for the deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You acknowledge that
Peekamo.com reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that Peekamo.com reserves the
right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
Peekamo.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that Peekamo.com shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
13. TERMINATION
You agree that Peekamo.com may, under certain circumstances and without prior
notice, immediately terminate your Peekamo.com account, any associated text
message address and/or email address, and access to the Service. Cause for such
termination shall include, but not be limited to, (a) breaches or violations of
the TOS or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated
account deletions), (d) discontinuance or material modification to the Service
(or any part thereof), (e) unexpected technical or security issues or problems,
(f) extended periods of inactivity, (g) your engagement in fraudulent, illegal
or improper activities, and/or (h) non-payment of any fees owed by you in
connection with the Services. Termination of your Peekamo.com account includes
(a) removal of access to all offerings within the Service, (b) deletion of your
password and all related information, files and Content associated with or
inside your account (or any part thereof), and (c) barring your further use of
the Service. You further agree that all terminations for cause shall be made in
Peekamo.com's sole discretion and that Peekamo.com shall not be liable to you or
any third-party for any termination of your account, any associated text message
address, email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Peekamo.com shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Peekamo.com has no control over such sites and
resources, you acknowledge and agree that Peekamo.com is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that
16. PEEKAMO.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by Peekamo.com
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
Peekamo.com grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in
or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by Peekamo.com for use in accessing the
Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEEKAMO.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.
PEEKAMO.COM MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM PEEKAMO.COM OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE
EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A
COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY
DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY
OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PEEKAMO.COM SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PEEKAMO.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries to this Agreement.
21. NOTICE
Peekamo.com may provide you with notices, including those regarding changes to
the TOS, by text message, e-mail, regular mail, or postings on the Service.
22. TRADEMARK INFORMATION
The trademarks, service marks, logos and product and service names of
Peekamo.com are trademarks of Peekamo.com (the "Peekamo.com Marks"). You agree
not to display or use in any manner, the Peekamo.com Marks without Peekamo.com's
express prior permission.
23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
Peekamo.com respects the intellectual property of others, and we ask our users
to do the same. Peekamo.com may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide the following information to
Peekamo.com's Copyright Agent:
1.
an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest;
2.
a description of the copyrighted work or other
intellectual property that you claim has been infringed;
3.
a description of where the material that you
claim is infringing is located on the site;
4.
your address, telephone number, and email
address;
5.
a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law;
6.
a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.
Peekamo.com's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Peekamo.com
501 Lakeshore Road East, Suite 202
Mississauga, ON
Canada
L5G-1H9
By email: info@peekamo.com
24. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you
and Peekamo.com and governs your use of the Service, superseding any prior
agreements between you and Peekamo.com with respect to the Service. You also may
be subject to additional terms and conditions that may apply when you use or
purchase certain other
Choice of Law and Forum. The TOS and the relationship between you and
Peekamo.com shall be governed by the laws of the State of California without
regard to its conflict of law provisions. You and Peekamo.com agree to submit to
the personal and exclusive jurisdiction of the courts located within the county
of San Mateo, California.
Waiver and Severability of Terms. The failure of Peekamo.com to exercise
or enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavour to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and
effect.
No Right of Survivorship and Non-Transferability. You agree that your
Peekamo.com account is non-transferable and any rights to your Peekamo.com I.D.,
account, account designation, password or contents within your account terminate
upon your death. Upon receipt of a copy of a death certificate, your account may
be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
25.VIOLATIONS
Please report any violations of the TOS to our Support department:
support@Peekamo.com.
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