Released: October 7, 2020
By accessing or using the Services, you accept and agree to be legally bound by and comply with this agreement. If you do not agree to the terms of this agreement, do not access or use our services and Content(as defined below, collectively, our “Services”). Read these terms of service carefully. They are a legal contract governing your use of the site provided by Peek Mag, LLC, and its subsidiaries and affiliates (collectively, “Peek Mag”,” “we,” or “us,” or “our”).
The Services are for general information, discussion and entertainment purposes only. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics and interactive features generated, provided, or otherwise made available through or in connection with the Services. We make no representations or guarantees about any aspect of the Services and do not endorse any opinions expressed by any users. THE SERVICES AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE SERVICES OR ANY CONTENT.
- Age Eligibility and Legal Capacity
The Services are not intended for access or use by children, especially those under the age of 13. If you are under the age of 13, you may not access or use the Services or provide information to us.
By accessing or using the Services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Services; if your parent or guardian do not agree with the Agreement as applied to you, then you are not authorized to access or use the Services.
- Privacy Notice
- Accuracy of Your Information & Communication Methods
The information you submit to us through the Services, including as part of your account creation, registration or membership, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the Services.
We may send you information relating to your use of the Services (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Username, Password and Other Credentials
You are responsible for maintaining the confidentiality of your username, password and other credentials (your “Credentials”) that you may be asked to create to access the Services or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify Peek Mag of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.
- Intellectual and Other Proprietary Rights
Your access and use of the Services are for personal and noncommercial purposes only. The rights granted to you in this Agreement are subject to the following restrictions:
The Services include Content that is derived in whole or in part from content or materials supplied and owned by Peek Mag, Peek Mag’s licensors or third parties. As between Peek Mag and you, Peek Mag owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Services except, if applicable, with respect to your User Content (as defined below).
You acknowledge Peek Mag’s valid intellectual and proprietary property rights in the Services and that your use of the Services is limited to accessing, viewing and downloading of the Services, as authorized by Peek Mag. Nothing in this Agreement shall be deemed to convey to you any right, title or interest into such intellectual and proprietary property rights or to the Services or Content, or to any portion thereof, except for the limited rights expressly granted herein.
You may not either directly or through the use of any computer, tablet, phone or other device (each a “Device”) or other means (including the use of a browser, software, program or code), remove, alter, interfere with or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Services or Content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Services or Content. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services (including any code used in any software) or Content.
You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Services or Content unless expressly permitted by Peek Mag in writing. You may not incorporate the Services or Content into, or stream or retransmit the Services or Content via, any hardware or software application or make the Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Services or Content with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Services, Content or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Services or its servers and infrastructures.
You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Services (including any code used in any software) or Content, whether or not for profit.
To the extent we make the Services or Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content.
You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to view the Services or Content without: (i) displaying visibly both Content and all surrounding elements and (ii) having full access to all functionality
permitting viewing of Content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.
Any future release, update, or other addition to functionality of the Services or Content shall be subject to this Agreement. All copyright and other proprietary notices on any Services content or materials must be retained on all copies thereof. Modification or use of the Services (including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may be a violation of the copyrights and/or trademarks protected by law and this Agreement.
If you provide Peek Mag any feedback or suggestions for improving or regarding your use of the Services (“Feedback”), you hereby assign to Peek Mag all rights in the Feedback and agree that Peek Mag shall have the right to use such Feedback and related information in any manner it deems appropriate. Peek Mag will treat any Feedback you provide to Peek Mag as non-confidential and non-proprietary. You agree that you will not submit to Peek Mag any information or ideas that you consider to be confidential or proprietary.
- User Content
“User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., photos, audio, video, messages, text, files, or other content you provide us), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Peek Mag. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will Peek Mag be liable for any inaccuracy or defect in any User Content.
You hereby grant, and you represent and warrant that you have the right to grant, to Peek Mag an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other users of the Services are solely between you and such user. You agree that Peek Mag will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Services, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content which may be derogatory, and Peek Mag has no obligation to monitor or delete any such User Content. Peek Mag may remove or modify any User Content without notice or liability at any time in Peek Mag’s sole discretion.
- User Submissions
- Unsolicited Submissions. You agree that we may use information/User Content you provide us through emails, Q&A, blogs, forums, polls, or through any other user generated submission, and may use your name and any stories you provide us in articles or other features published on the Services or in our publications, advertising or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. Peek Mag can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Services or our publications, advertising or sponsored content.
- Invited Submissions. From time to time, the Services may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Please carefully read any specific rules or other terms and conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the submissions and may affect your legal rights. If no such additional terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to through the Services.
- Enforcement. If we become aware of a user’s violation of this Agreement, including the rights of any third party, we may take certain remedial steps, including refusing access to the Services to any person or entity and change eligibility requirements at any time.
If we become aware that any of our users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to the Services. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion. Such acts may include removing or modifying your User Content, terminating your access to the Services (including any user account, registration or membership), legal action and/or reporting you to law enforcement authorities. If Peek Mag elects to modify User Content, Peek Mag nonetheless assumes no responsibility for the User Content.
Peek Mag reserves the right to investigate suspected violations of this Agreement, including without limitation, any violation arising from any User Content (including unsolicited or invited submissions), postings or emails you make on or send through the Services. Peel Mag may seek to gather information from the user who is suspected of violating this Agreement and from any other user. Peek Mag may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Peek Mag believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Peek Mag may cooperate with law enforcement authorities or court order requesting or directing Peek Mag to disclose the identity of anyone posting any emails or publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS PEEK MAG (and its affiliates and its and their officers, directors, employees, contractors, and agents) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PEEK MAG (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER PEEK MAG OR LAW ENFORCEMENT AUTHORITIES.
- Your Conduct and Responsible Use of the Services. Please act responsibly when using the Services. The following rules are a condition of your access to or use of the Services:
- No Criminal or Unlawful Conduct. You may only use the Services (including any information contained therein) for lawful purposes, in accordance with this Agreement, applicable laws and regulations, and obligations or restrictions imposed by any third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
- Your Materials Must be Lawful and Appropriate. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of another person’s privacy or otherwise inappropriate User Content or other material or information of any kind, including, without limitation, any images or other material of a sexual nature, harmful to minors in any way, or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You recognize that storing, distributing or transmitting unlawful User Content, material or information could expose you to criminal and/or civil liability.
- Content Posted by You Must be Yours. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of User Content, material or information that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights. You agree that if a third-party claim that User Content, material or information you have posted on or contributed to the Services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all User Content, material or information publicly posted or privately transmitted on or through the Services are the sole responsibility of the sender, not Peek Mag, and that you are responsible for all User Content, material or information you upload, publicly post or otherwise transmit to or through the Services. If we become aware that any of our users has infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to our Services. If any third party provides you compensation or other value for your User Content, you are responsible for making any appropriate or required disclosures regarding such compensation or other value.
- No Collection of Personal Information from Others. You may not, through manual or automated means, collect, harvest, gather, assemble or store personal information about other users of the Services (including their email addresses or other contact information) without their explicit consent. You may not use any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation. You agree not to send, create, or reply to so called mailbombs (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in spamming (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Services by any other user or third party, including placing malware on the Services.
- No Bullying, Impersonation or Interference. You may not use the Services to threaten, abuse, harass, or invade the privacy of any other user or third party. You may not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with Peek Mag or with any other person or entity. You may not restrict, inhibit or interfere with any other user or third party from using or enjoying the Services.
- No System Abuse. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Services, any other online services, or to obtain unauthorized access to the Services or Content or any data or other information of any third party. You may not interfere with, disrupt, or create an undue burden on servers or networks connected to the Services.
- No Violations of Security Systems. You are prohibited from using the Services to compromise the security or tamper with, or gain unauthorized access to, the Services, Content, online accounts or any other computer systems, resources or networks. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of systems security, Peek Mag reserves the right to release your details to relevant third parties, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the Services or seeking other legal or equitable remedies, once we become aware of any violation of this Agreement.
- Registration. Registration is not required to view certain Content. However, to use some parts of the Site —- including without limitation, if you wish to post a comment or upload a photo or video or view certain other Content —- you may be required to register or subscribe and provide certain information about yourself. If you become a registered member of the Site, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to terminate your access and use of the Site, in whole or in part, if more than one individual access the Site using any single registration account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Site using your name in whole or in part without your permission. If you believe someone has accessed the Site using your registration account and password without your authorization, e-mail us immediately at firstname.lastname@example.org.
- User Content Representations and Warranties. By placing material on the Site, including but not limited to posting content or communications to any Site bulletin board, forum, blogspace, message or chat area, or posting text, images, audio files, video clips, or any audio-visual content to the Site (collectively, “User Content”), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these terms; and (2) the User Content will not cause injury to any person, group or entity.
- User Content License. For all User Content you post, upload, or otherwise make available (in this section – “Provide”) to the Site, you grant Peek Mag a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in whole or in part, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize Peek Mag to: (i) share the User Content across all websites, mobile applications, publications and other online and offline services affiliated with Peek Mag; (ii) include the User Content in a searchable format accessible by users of the Site and other Peek Mag websites, mobile applications, publications and other online services; (iii) place advertisements in close proximity to such User Content; and (iv) use your name, likeness and any other information you Provide in connection with our use of the material you Provide. You waive all moral rights with respect to any User Content you Provide to the Site. You also grant Peek Mag the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you Provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this section are granted without the need for additional compensation of any sort by Peek Mag to you or to any other person or entity. You agree that you will indemnify, defend, and hold harmless Peek Mag and its officers, directors and employees for all claims resulting from User Content you post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under these terms.
- Unsolicited Material and Ideas. We are happy to hear from our users and welcome feedback regarding our Site. However, neither the Site nor Peek Mag is responsible for the similarity of any of its content or programming in any media to materials or ideas provided to the Site. If you do transmit unsolicited submissions to us through the Site or otherwise, you grant Peek Mag a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as Peek Mag sees fit. By using the Site and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the Site, Peek Mag and its parents, affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent. DO NOT SEND US ADULT CONTENT. DO NOT POST ADULT CONTENT. IT WILL NOT BE VIEWED AND IT WILL BE DELETED IMMEDIATELY.
- User Content Screening and Removal. You acknowledge that the Site and/or its designees may or may not pre-screen User Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation that such User Content violates these terms or is otherwise objectionable.
- User Content Assumption of Risk. Although the Site may from time to time monitor or review postings, transmissions, and the like on the Site, it cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to the Site is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you Provide. To protect your safety, please use your best judgment when using Site forums, chat rooms, bulletin boards, blogs, comments sections, or similar features. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blogspace, message, comment section, or chat area, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify and contact you.
- User Content Posting Rules. Any decisions as to whether User Content violates any posting rule set forth in these terms will be made by us in our sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following rules: Do not provide User Content that:
- contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material; contains vulgar, profane, abusive, racist or hateful language, expressions, epithets, slurs, text, photographs or illustrations, or is in poor taste, or is an inflammatory attack of a personal, racial or religious nature;
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
- may cause any harm or damage to the Site, you, us, or anyone else;
- violates any right of the Site, Peek Mag or any third party;
- infringes other individual’s privacy rights or rights of publicity;
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates or encourages the violation of any municipal, state, federal or international law, rule, regulation, ordinance, or similar requirement;
- interferes with any third party’s use or enjoyment of the Site;
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
- collects any user content or information, or otherwise accesses the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
- violates any robot exclusion headers of the Site, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Site;
- shares, recompiles, decompiles, disassembles, reverse engineers, or makes or distributes any other form of, or any derivative work from, the Site;
- attempts to scrape or collect any personal or private information from other users or from the Site;
- pretends to come from someone other than you, or where you are impersonating someone else;
- intercepts or monitors, damages, or modifies any communication not intended for you;
- uses or attempt to use another’s registration account, password, service or system except as expressly permitted by the terms;
- uploads or transmits viruses or any other harmful, disruptive or destructive files, materials or code;
- disrupts, interferes with, or otherwise harms or violates the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites;
- “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or
- otherwise breaches these terms.
WARNING: A VIOLATION OF THESE POSTING RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
You shall notify us immediately upon becoming aware of the commission by any person of any restricted uses of the Site by sending an email to email@example.com, and you shall provide us with reasonable assistance in any investigations we conduct in light of the information you provide in this respect.
You acknowledge that we have no obligation to monitor any users’ access to or use of the Site, or to review or edit any Content or User Content, but we have the right to do so in our sole discretion: (i) for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) to ensure your or another user’s compliance with these terms; (iii) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body; or (iv) to address content that we determine is otherwise objectionable or violates these terms. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these terms, otherwise harmful to the Site, or for any other reason that we deem appropriate. In order to protect the integrity of the Site, we also reserve the right at any time in our sole discretion to block users from certain IP addresses or geographic locations from accessing and using the Site.
You acknowledge, consent, and agree that we may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary: (i) to respond to claims asserted against us or to comply with legal process (for example, subpoenas, warrants, or other process ); (ii) to enforce or administer our agreements with users, including without limitation these terms; (iii) to render services you request; (iv) to protect the rights or property of the Site, Peek Mag, and their respective third-party suppliers, service providers, and licensors; (v) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; (vi) to protect the rights, property or safety of Peek Mag, the Site, its users, or members of the public; or (vii) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of us, you or others.
- Transactions and E-Commerce
During your visit to the Site, you may elect to engage in a transaction involving the purchase of a product such as a magazine subscription, online content subscription, a print or online advertisement or other tangible goods and services. Credit card transactions and order fulfillment are often handled by a third-party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. Peek Mag, its affiliates, and the Site cannot and do not take responsibility for the success or security of transactions undertaken or processed by third parties.
- Advertisements & Linked Sites
We participate in various affiliate marketing programs and other arrangements with third parties, which means we may receive a commission or other form of compensation if you (a) click on certain ads or links that appear on our Site, or (b) purchase a product or service using links from our Site to retailer websites.
- Errors in Advertisements
On occasion, a product or service may not be available at the time or the price as it appears in an advertisement or other material in the Site. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology error, error in the date or length of publication, error in pricing or product information received from our advertisers or suppliers, or for any other reason, you agree the Site is not responsible for such errors or discrepancies.
- Communications with Third Parties Through the Site
Our dealings or communications through the Site with any party other than Peek Mag are solely between you and that third party. For example, certain areas of the Site may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.
- Notice of Intellectual Property Infringement
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of the Site, in appropriate circumstances, to terminate the registration account of a member who is deemed to infringe third-party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Site, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of your copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Site (providing us with website URL is the quickest way to help us locate content quickly);
- your address, telephone number, and e-mail address;
- 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;
- 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.
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please email us at firstname.lastname@example.org. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- General Disclaimer and Limitation of Liability
While the Site and Peek Mag use reasonable efforts to include accurate and up-to-date information, neither the Site nor Peek Mag make any warranties or representations as to the accuracy of the Content appearing on the Site, including the User Content, and assume no liability or responsibility for any error or omission in the Content. The Site and Peek Mag do not represent or warrant that use of any Content will not infringe rights of third parties. The Site and Peek Mag have no responsibility for actions of third parties or for content provided by others, including without limitation User Content.
Use of the site is at your own risk. All content and access to the site are provided “as is” and “as available.” neither Peek Mag, the site, nor any of the Peek Mag and/or site officers, directors, shareholders, members, employees, representatives, contractors, agents, content providers, service providers, operators, or licensors, make any representation or warranty of any kind regarding the site, the content, any advertising material, information, products or services available on or through the site, the availability of the site or the content thereon, and/or the results that may (or may not) be obtained from access or use of the site or the content. All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties the site will meet your requirements, be uninterrupted, timely, secure or error free, are specifically disclaimed. The site, Peek Mag and their respective officers, directors, shareholders, members, employees, representatives, contractors, agents, content providers, service providers, operators, and licensors are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus or malware that may infect, your computer equipment, mobile device, or other property. The site contains facts, views, opinions, statements and recommendations of third-party individuals and organizations. Neither the site nor Peek Mag represent or endorse the accuracy, correctness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the site. Any reliance upon any such opinion, advice, statement or information is at your sole risk. To the maximum extent permitted by law, the site, Peek Mag and/or their respective officers, directors, shareholders, members, employees, representatives, contractors, agents, content providers, service providers, operators, or licensors shall not be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. To the maximum extent permitted by law, the site, Peek Mag and/or any of their respective officers, directors, shareholders, employees, representatives, contractors, agents, content providers or licensors shall not be liable for any amount for direct damages in excess of the lesser of $100 or the amount you paid to use the site. The limitation of liability described above shall apply fully to residents of new jersey.
You agree to indemnify, defend and hold harmless the Site and Peek Mag, as well as each of their respective parent companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, members, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) in any and all jurisdictions arising from or relating to any allegation regarding: (1) your use of the Site; (2) the Site’s and/or Peek Mag’s use of any User Content or information you provide; (3) information or material Provided through your registration account, even if not posted by you; and (4) any violation of these terms by you.
- International Users
The Site is controlled, operated and administered by Peek Mag or its designees from offices within the United States. The Site and Peek Mag make no representation that materials or Content available through the Site are appropriate or available for use outside the United States. Access to the Site is prohibited from territories where the Content is illegal. You may not use the Site or export the Content and/or User Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.
- Modifying These terms
The Site and Peek Mag reserve the right to change these terms at any time in their respective discretion and to notify users of any such changes solely by changing the Effective Date of these terms. The most current version of these terms will supersede all previous versions. Your continued use of the Site after the posting of any amended terms shall constitute your agreement to be bound by any such changes. Your use of the Site prior to the time these terms were posted will be governed according to the terms that applied at the time of your use.
- XVII.Discontinuation of Service
The Site may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability. The Site may deny access to any registered member or other user at any time for any reason, or no reason at all in our sole discretion. In addition, the Site or Peek Mag may at any time transfer rights and obligations under these terms to any Peek Mag affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Peek Mag, the Site or any of their respective assets.
- XVIII.Statute of Limitations
You agree to file any claim regarding any aspect of this Site or these terms within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim. This statute of limitations provision does not apply to residents of New Jersey.
You may contact email@example.com to address any concerns you may have regarding the Site. We will attempt to resolve concerns quickly to our customers’ satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Peek Mag and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
For any dispute that is not subject to binding arbitration or otherwise as set forth in these terms, you and Peek Mag agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Los Angeles County, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
These terms and the relationship between you and the Site shall be governed by the laws of the State of California without regard to conflicts of law provisions.