Peer² Terms and Conditions of Use
PLEASE NOTE: Any indication of artificial inflation of points, traffic, or any other activity which gains points will result in an immediate forfeiture of all points and suspension of your user account. Furthermore, any altering or misrepresentation of Peer Squared web addresses (URLs) or links which convey a false sense of the actual content within a Peer Squared program will result in an immediate forfeiture of all points and suspension of your user account.
Introduction
This website is designed to allow users
to earn points in an innovative rewards program by sharing content with
your network of friends. It provides a unique user experience that allows
its registered members to accrue points and earn rewards by using and
sharing certain client-developed content on the Peer2.com website (the
"Website"), through the deployment of the Peer² Player (the "Player")
and through social media channels and platforms, like Facebook and other
social media websites.
The services (the "Services") offered
by this Website include providing an intuitive way to view and share
content in a way that earns points that are redeemable for rewards.
Acknowledgment & Acceptance
This Website, http://www.peer2.com, is owned by Peer Squared, LLC (the "Company," "Peer²," "We" or "Us"), and it and its Services are hosted in the United States. The following terms and conditions of use (the "Terms of Use" or "Agreement") apply to any and all visitors to and users of this Website (hereinafter referred to as "User" or "You").
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE AND TO OUR PRIVACY POLICY [LINK TO PRIVACY POLICY] AND YOUR AGREEMENT TO BE BOUND BY OUR TERMS AND CONDITIONS IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH HERE AND IN OUR PRIVACY POLICY, YOU MUST DISCONTINUE USE OF THE SITE IMMEDIATELY.
PLEASE NOTE THAT ONLY PERSONS AGED EIGHTEEN YEARS OR OVER MAY AGREE TO THESE TERMS OF USE. PERSONS YOUNGER THAN EIGHTEEN YEARS OF AGE MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES OFFERED THROUGH THE WEBSITE.
Registration Obligations
This Website allows Users to utilize
a variety of Services, including viewing of certain client-created content
and the sharing of that content with other computer users. To access
and utilize the Services on this Website, Users will be required to
register with Us and create a customer account ("Account"), which
will require You to provide certain information about Yourself. In registering
for an Account, You agree to provide Us with true, accurate, current
and complete information as requested by Us ("Registration Information").
Some registered members, to earn extra points, may choose to provide
additional demographic information that Peer² may use in its marketing
efforts, including information such as gender, ethnicity, marital status,
number of children, and education. This additional information
is not part of the required Registration Information.
In registering for an Account, You agree
as follows:
- You will not use "pay to read" or "pay to click" websites or services or in any other way take any action to inflate your points earned by delivering traffic that is not an authentic result of a legitimate and personal sharing or traffic driving activity from your actual social network.
- You will not alter any supplied HTML code
- To refrain from impersonating or falsely representing Your affiliation with any person or entity;
- To maintain and update the Registration Information;
- To access the Website using only the email address and password associated with Your Account;
- To maintain a valid e-mail address at all times and promptly update Your Account with any changes to your e-mail address; and
- To be responsible for maintaining the confidentiality of Your Account, Account number, email address and password and any and all consequences of use or misuse of Your Account and password.
Eligibility, Password, and Using the Services
By using the Website and its Services,
You represent and warrant that (i) all Registration Information You
submit is truthful and accurate; (ii) You will maintain the accuracy
of all such information; (iii) You are eighteen years of age or older;
and (iv) Your use of the website Services does not violate any applicable
law or regulation.
When You register for an Account, You
will be asked to choose a password. You are solely and entirely
responsible for maintaining the confidentiality of Your Account number
and password and for any and all use of Your Account. You agree
not to distribute this access information or allow others to use this
access information to gain access to this Website. You agree to notify
Peer² immediately if you suspect that there has been any unauthorized
use of Your account or access to Your password.
The Company reserves the sole discretion
and judgment regarding whether to grant to You an Account, and the Company
reserves its right to terminate, without notice to You, Your Account
and Your access to this Website if you fail to comply with any of these
Terms of Use, anything within the Website's Privacy Policy, any terms
of any other agreements, or for any other reason..
Use of the Website and its Services is
void where prohibited.
The Peer²
Program, Limited License, Website Use and Conduct
Points
A User earns Points by providing certain
information required to register for an Account and for sharing content
through links to the Peer² Website or deploy the Player to authorized
personal websites or pages, or otherwise share .
Points have no cash value.
Peer² reserves the right to cancel
or disable Accounts and expire unredeemed Points in those Accounts that
are determined by Peer² to be inactive for a period of twelve (12)
consecutive months.
Peer² reserves the right to send Members, from time to time, messages, including, without limitation, updates, flash bulletins, order confirmations, announcements and other similar messages, via email, via regular mail, through a Website posting or through the Player for which Members may or may not be able to receive Points..
Rewards
Points may be spent only on rewards offered
through Peer² at the time of redemption. Rewards are subject
to change at any time without notice, as are the number of Points required
to redeem a reward. Points will be subtracted from a Member's
account once the redemption order is placed by the Member and received
by Peer².
From time to time a reward may be out
of stock or unavailable to purchase. Peer² may, in these ocassions
send a similar or identical reward of equal value instead.
In conjunction with redeeming Points
for rewards, Member represents that all information in Member's personal
profile is up-to-date and accurate at the time of such redemption.
Member's failure to notify us of any address (mail or email) or profile
changes may result in the termination of Member's membership and forfeiture
of Member's unredeemed Points.
From time to time
Limited License
Peer² grants You only a limited
license ("Limited License") to access, display and share the specifically-designated
content as links in emails or in other approved electronic communications
or as embedded in a Member's Player. Except as expressly provided
in these Terms of Use, no part of the Website and no content may be
copied, reproduced, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted or distributed in any way (including
"mirroring") to any other computer, server, website or other medium
for publication or distribution or for any commercial enterprise, without
Peer²'s express prior written consent.
Website Use and Conduct
You may use this Website and its Services
only as expressly licensed, and not for any purposes that are unrelated
to your business with Peer². Any materials that You are permitted to
access, display, or share pursuant to the Limited License or otherwise
shall retain all copyright, trademark and/or other proprietary notices
in the same form and in the same manner as such notices appear on the
content or on the Website. User may not redistribute, sell, de-compile,
reverse engineer, disassemble or otherwise reduce to a human-readable
form any software from this Website, except as may be permitted by law.
Except only as expressly provided within this Website or as expressly
provided within any agreement that You may enter into with Peer², this
Website (or any derivative work based on it), its contents or any other
material from this Website may not in any form or by any means now known
or hereafter developed be reproduced, downloaded, uploaded, repurposed,
transmitted, resold, or otherwise exploited for any commercial purpose
without Peer²'s prior express written consent. All rights not
expressly granted to You here and/or within this Website, including
ownership and title, are reserved for Peer² (or other owner) and are
not transferred or licensed to You.
You agree to comply with all laws, rule
and regulations that apply to Your use of this Website and its Services.
User agrees not to engage in any conduct
that is inconsistent with the intent of this Website,, including, without
limitation, attempting to accrue Points or spend Points in a manner
that violates or is counter to the rules of the Website or the intent
of this Agreement, attempting to earn Points through other than legitimate
channels, participating in purchasing or redemption fraud, tampering
with Peer² award/reward links, and other similar conduct.
Peer² reserves the right to terminate or disable, at Our sole discretion,
any Peer² membership if we believe such Member has violated or acted
inconsistently with the rules of Peer² or the intent of this Agreement.
We may, at Our discretion and in Our judgment, contact law enforcement
authorities if We believe that anything unlawful is occurring or has
occurred in relation to the Website. In that regard, We may give
law enforcement authorities access to any personal or confidential data
or any other information that is held by Us regarding You and Your suspected
illegal conduct.
Ownership of Content and Trademarks
Unless otherwise indicated on the Website or in this Agreement, the content included and displayed on this Website and arrangement thereof, is the property of Peer² or of Peer²'s content suppliers, contributors, licensors, or third-party content partners and is protected by the laws of the United States and other countries.
Certain logos and marks set forth on this Website are the registered or unregistered trademarks of Peer². The look and feel of this Website, including, without limitation, page headers, graphics, button icons and scripts, constitute service marks, trademarks and/or trade dress of Peer². All other marks, logos or other elements of the site that are not owned by Peer² that appear on this Website are the property of their respective owners, who may or may not be affiliated with or connected to Peer². Except as otherwise explicitly provided within this Agreement or in any applicable agreement that You enter into on or in connection with this Website, nothing contained on this Website shall be construed as granting any license or right to You under any trademark, copyright, patent or other intellectual property right of Peer² or any third party. You may not use for any purpose, including as a link to this site, any name (including a product or service name, metadata or any other "hidden text" utilizing the term "Peer²"), proprietary graphic, trademark, or service mark of Peer² without Peer²'s prior written consent. Likewise, You may not use any elements of the look and feel of this Website, including, without limitation, page headers, graphics, button icons or scripts, without Peer²'s prior written consent.
No rights or licenses are granted to
User in any of the third party content directly on this Website or linked
to this Website, except as expressly provided. User agrees to
defend and hold Peer² harmless from any liability that may result from
User's use of any third party material or content that User accessed
through or on this Website
Disclaimer of Warranties
Member expressly agrees that use of Peer² is at Member's sole risk
and responsibility.
THIS WEBSITE AND ALL SERVICES AND MATERIALS IN THIS WEBSITE ARE PROVIDED
ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS AND
WITHOUT ANY GUARANTEES, WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER
EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE MATERIAL OR SERVICES
WITHIN THE WEBSITE. PEER² MAKES NO WARRANTIES WITH REGARD
TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH PEER²
OR THROUGH PEER² ADVERTISERS OR PARTNERS. PEER² DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE MATERIALS OR SERVICES ON THIS WEBSITE
OR THE SERVERS THAT MAKE SUCH MATERIALS OR SERVICES AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEER² ASSUMES NO RESPONSIBILITY
FOR THE UNAVAILABILITY OF THIS WEBSITE OR FOR INFORMATION PROVIDED BY
OR ACTIONS OR OMISSIONS BY THIRD PARTIES. PEER² FURTHER DISCLAIMS
ANY WARRANTY THAT THE WEBSITE WILL BE TIMELY OR ERROR-FREE.
TO THE FULLEST EXTENT PERMISSIBLE BY ALL APPLICABLE LAWS, PEER² (INCLUDING
ANY SUBSIDIARIES, SUCCESSORS, PREDECESSORS, PARENTS, JOINT VENTURES,
DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONTENT PROVIDERS, LICENSEES,
LICENSORS, AGENTS AND AFFILIATES) EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Some jurisdictions may not permit the
exclusion of limited warranties. Thus, certain disclaimers and
exclusions may not apply to You, because they will not apply to the
extent that a warranty is incapable of exclusion, restriction or modification
under applicable law in a particular jurisdiction.
Peer² shall not be liable or responsible for any guarantees, warranties, and representations, if any, offered by Peer² advertisers, partners, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from the Website or through Peer² shall create any warranty not expressly made herein.
You assume the entire risk of use of,
and all risks as to the quality and performance of, the Website and
any material on the Website.
Limitation of Liability
IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE
OR ANY MATERIALS OR FUNCTIONS ON THIS WEBSITE, PEER² (INCLUDING ITS
DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS) SHALL NOT BE LIABLE TO YOU
OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
EXEMPLARY, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, LOSS OF USE, LOSS OF DATA AND BUSINESS INTERRUPTION,
WHETHER OR NOT THEY ARE FORESEEABLE AND WHETHER OR NOT PEER² HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF OR
RELATED TO BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT,
NEGLIGENCE, MISPREPRESENTATION, STRICT LIABILITY OR OTHERWISE, INCLUDING
ARISING IN ANY WAY FROM USE OF OR SERVICE PROVIDED ON THIS WEBSITE,
THIS AGREEMENT, CONTENT ON THIS WEBSITE, OR YOUR RIGHTS UNDER ANY PROVISION
OF THIS AGREEMENT OR OTHERWISE , RELATING TO THE PARTICIPATION OR INABILITY
TO PARTICIPATE IN PEERSQUARED. Certain jurisdictions may limit
Peer²'s ability to disclaim responsibility for these damages and
to limit its liability. Thus, this disclaimer and limitation of
liability may not apply to You, because it would not apply to the extent
that a liability is incapable of exclusion, restriction or modification
under applicable law in a particular jurisdiction.
Peer² is not responsible for damages
or losses that may result from Your participation in or inability to
participate in the any of the Services, or for Your reliance on or use
of information, Services, or merchandise provided on or through the
Website.
You acknowledge and agree that Peer² neither endorses the contents
or advertisements contained in The Player or any associated third parties'
websites, nor does it assume responsibility or liability for the accuracy
of material contained therein, or any infringement of third party intellectual
property rights arising therefrom, or any fraud or other crime facilitated
thereby.
Peer² is not responsible and assumes no liability for changes or discontinuances
of service from providers that may affect offers or the accrual of Points.
Participation in Promotions of Advertisers and Merchants
Member's correspondence with or participation in promotions of Peer²
advertisers and partners are solely between corresponding Member and
the advertiser or partner. Peer² assumes no liability, obligation,
or responsibility for any part of any such correspondence or promotion,
including without limitation withdrawal or modification of any offer
or promotion.
Changes and Termination
We reserve the right to terminate the
Account and membership of any Member who appears to be using Peer²
in a manner inconsistent with this Agreement, with the intent of this
Agreement, or with any Peer² rules or Terms of Service. Peer²
shall be the sole determiner in cases of suspected abuse, fraud, or
violation of its rules and any decision it makes relating to termination
of membership (including cancellation of Points) shall be final and
binding.
Termination of Your membership by You
is effective upon Your initiation of termination of Your Account through
the Peer² Website located within the My Profile area on the Website.
You understand that, in some cases, You still may receive messages (which
may have been scheduled prior to Your termination) after termination.
You may not earn Points after termination, nor will any unredeemed Points
be redeemable in the event that You choose to terminate Your Account
with Peer².
Non-Transferability
Member's right to use the Peer² Website or any of the Services is non-transferable.
Member's Points are non-transferable.
Points and/or rewards may not be bartered or sold.
Member's membership will terminate immediately
in the event of Member's death.
Peer² Accounts and Points are not transferable upon death or as part
of a domestic relations matter or otherwise by operation of law.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to section 512(c)(2) of Title
17 of the United States Code, if You believe that Your work has been
used or copied in a way that constitutes copyright infringement and
such infringement is occurring on this Website, You should notify the
site administrator of the claimed copyright infringements in accordance
with the procedure set forth below.
This Website will process notices of
alleged infringement that it receives and will take appropriate action
as required by the Digital Millennium Copyright Act ("DMCA") and
other applicable intellectual property laws. The DMCA requires
that notification of claimed copyright infringement be sent to the designated
agent, who is:
Notices
All notices given by Peer² to Member will be given by email, regular
mail, via notification on the Website, or via The Player.
Indemnification
You agree to defend, indemnify and hold harmless Peer², its content
sources, officers, directors, employees, contractors, subsidiaries,
affiliates, joint ventures, agents, third party information providers,
licensors, and licensees, from and against all liabilities, claims,
damages (including punitive damages), judgments, settlements, and expenses
(including reasonable attorneys' fees and costs) arising out of or
related to Your use of this Website, Your failure to use this Website,
Your breach or alleged breach of these Terms of Use or Your breach or
alleged breach of the copyright, trademark, proprietary or other rights
of third parties.
Governing Law and Choice of Law
Any dispute relating in any way to Peer² or the Website shall be submitted
to confidential arbitration in Los Angeles, California, except that,
to the extent You have in any manner violated or threatened to violate
Peer²'s intellectual property rights, Peer² may seek injunctive
or other appropriate relief in any state or federal court in the state
of California, and You consent to exclusive jurisdiction and venue in
such courts. Arbitration under this agreement shall be conducted under
the rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined
to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
This contract shall be governed by, construed and interpreted in accordance
with the laws of the State of California, excluding its conflict of
law principles. The arbitration proceedings shall be governed by federal
arbitration law, without reference to state arbitration law.
This Agreement is deemed accepted, executed,
wholly entered into and wholly performed in the County of Los Angeles,
State of California, independent of Your actual state or country of
residence and/or domicile.
You and Peer² agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.
If You have any questions regarding the
Terms of Use, the Website, the Services or products offered on this
Website or regarding Peer², please contact Us at info@peer2.com
Effective July 27, 2009. Last Updated April 23, 2010
Del-icio.us
Facebook
Digg
Twitter
LinkedIn
MySpace
StumbleUpon