Peeps.com Terms of Service
Effective Date: As of June 1st, 2008
1. Acceptance of Terms of Service
Peeps.com and its subsidiaries and affiliates (collectively, "Peeps.com") operate a network of websites and services (the "Peeps.com Network"). These Terms of Service set forth the terms and conditions that apply to your use of the Peeps.com Network. From time to time, Peeps.com may supplement these Terms of Service with additional terms pertaininig to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the Peeps.com Network to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING THE PEEPS.COM NETWORK, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH PEEPS.COM. If you do not agree to be bound by these Terms of Service, please discontinue your use of the Peeps.com Network. The Peeps.com Network is provided free of charge to you (unless otherwise indicated).
Although portions of the Peeps.com Network may be viewed simply by visiting the relevant web site, in order to access the message boards and/or receive additional services from Peeps.com you need to sign on as a guest or register as a member of the Peeps.com Network. Registering as a member will allow you to access certain services that are not available to guests. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Peeps.com Network, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
2. Registration Information/Privacy Policy
When you register for the Peeps.com Network, you will be required to provide Peeps.com with the following information: your name, e-mail address, zip code, country, gender, birth date, member name and password. In addition, you may choose to provide the Peeps.com Network with additional information, including your mailing address, household income, education, marital status and employment status.
Any information provided by you or gathered by Peeps.com or third parties during any visit to the Peeps.com Network shall be subject to the terms of Peeps.com's Privacy Policy. Peeps.com reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.
Peeps.com reserves the right to (i) terminate your membership and access to any specific content , services, digital products, products courses or events, and (ii) remove your personal Peeps.com website, if Peeps.com learns that you have provided Peeps.com with false or misleading registration information.
3. Termination
Peeps.com reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access the Peeps.com Network and/or any other service, tool, specific content, digital products, products, courses or events provided to you by Peeps.com, including any personal web site, upon any breach by you of these Terms of Service or otherwise.
4. Modifications of these Terms of Service
Peeps.com may modify these Terms of Service from time to time in its sole discretion. Each time you use the Peeps.com Network, you will be deemed to have accepted any such changes. Peeps.com shall have no obligation to notify you of any such changes other then posting such modifications on the Peeps.com Network, but Peeps.com reserves the right (at Peeps.com's discretion) to provide you notice of such changes to any e-mail address you have provided to Peeps.com, or post office address you have provided to Peeps.com.
5. Modifications of the Peeps.com Interactive Community Site
Peeps.com may modify or discontinue the Peeps.com Network, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Use of the Peeps.com Interactive Community Site
A. Content of Messages
You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on the Peeps.com Network, including, but not limited to, any message board or blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of the Peeps.com Network that is accessible to the general public nor provide such personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. Peeps.com assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the Peeps.com Network. Peeps.com further assumes no responsibility for the deletion of or failure to store e-mail messages.
You further agree that you will not use the Peeps.com Network to send emails or instant messages or post on message boards, blogs, profiles, comments or any place on the Peeps.com Network, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, (unless within the scope of the topic area of a message board as determined by Peeps.com in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the Peeps.com Network. Peeps.com reserves the right to delete any such material from the Peeps.com Network. Peeps.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Peeps.com. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use the Peeps.com Network to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) content on the Peeps.com Network is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Peeps.com Network, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that Peeps.com may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of the Peeps.com Network, including message boards, blogs, forums, contests, personal websites, public profiles, comments or chat rooms, you grant Peeps.com a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the Peeps.com Network retains any and all Rights that may exist in such content.
Peeps.com is not obligated to review content posted by users prior to the content's posting to any area of the Peeps.com Network, including any private profile. Content posted by any user to the Peeps.com Network does not reflect the opinions or views of Peeps.com, its parent, subsidiaries or affiliates. Peeps.com makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other Peeps.com members through any Peeps.com service.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE PEEPS.COM NETWORK, YOU HEREBY EXPRESSLY PERMIT PEEPS.COM TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY PEEPS.COM'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
B. Non Commercial Use
The Peeps.com Network, its products, services, digital products, events, courses, social networking tools (as more fully described below) and any other element of the Peeps.com Network are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by Peeps.com in writing. Illegal and/or unauthorized use of the Peeps.com Network, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Peeps.com Network is prohibited. In furtherance thereof, you agree that you will not use the Peeps.com Network for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list