TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS (THE “AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES. BY COMPLETING THE REGISTRATION PROCESS, OR USING ANY PART OF THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. YOUR USE OF THE SITE AND THE SERVICES OFFERED BY PEERVU SHALL ALSO CONSTITUTE ASSENT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THIS AGREEMENT, YOU WILL HAVE NO RIGHT TO USE THE SITE OR THE SERVICES DESCRIBED HEREIN.
The Web pages available at <www.peervu.com>, and all linked pages (“Site"), are owned and operated by peerVu, Inc. ("PeerVu"), and are accessed by you (“User” or “you”) under the following terms and conditions.
peerVu reserves the right, at its discretion, to modify the Agreement or Services (as defined below) or Content (as defined below) at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this Agreement as modified.
1. ACCESS TO THE SERVICES.
Subject to the terms and conditions of this Agreement, peerVu may offer to provide certain services and content, as described more fully on the Site, and which are selected by User through the process provided on the Site (“Services”), solely for User’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services peerVu performs for User, as well as the offering of any materials displayed or performed on the Site (including, but not limited to diagrams, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") on the Site. User understands that the Content provided as part of the Services is the sole responsibility of the person from which such content originated. peerVu may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. peerVu may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.
User certifies to peerVu that if User is an individual (i.e., not a corporation or institution) User is (i) at least 13 years of age and (ii) of legal age to agree to these terms and conditions or you have your parent’s or guardian’s permission to do so. User also certifies that you are legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
2. SITE CONTENT.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content (except as expressly permitted), software, materials, or Services in whole or in part. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
User may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that User maintains all copyright and other notices contained in such Content. User shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from peerVu, or from the copyright holder identified in such Content's copyright notice.
User should be aware that portions of Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the third parties who provide that Content to peerVu (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by peerVu or by the owners of that Content, in a separate agreement.
peerVu does not claim ownership rights in any Content that User chooses to post to the Site (“User-generated Content”). After posting User-generated Content to the Site, User continues to retain all ownership rights in such Content. However, User acknowledges and agrees that if User contributes User-generated Content to the Site, peerVu is hereby granted a perpetual, non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content and the name User submits in connection with such Content (including all related intellectual property rights) and to allow others to do so. You confirm and warrant to peerVu that you have all the rights, power and authority necessary to grant the above licenses to the User-generated Content you post to the Site.
3. USER WARRANTY.
As a condition of use, User promises not to use the Services for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by peerVu.
By way of example, and not as a limitation, User agrees not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other peerVu users;
- to contribute any User-generated Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If User is an international user, User agrees to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any peerVu user;
- to modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site;
- to create or submit unwanted email (“Spam”) to any other peerVu users or any URL;
- to violate any laws in User’s jurisdiction (including but not limited to copyright laws);
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
- to robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, User agrees to not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.
peerVu may remove any Content (including, but not limited to, User-generated Content) and peerVu accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: support@peervu.com. User, not peerVu, remains solely responsible for all User-generated Content that User uploads, posts, e-mails, transmits, or otherwise disseminates using, or in connection with, the Services. User acknowledges that all Content that User accesses using the Services is at User’s own risk and User will be solely responsible for any damage to any party resulting therefrom.
4. RESTRICTIONS.
User is responsible for all of its activity in connection with the Services and accessing the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any peerVu user. User shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while the User is not logged in.
5. FEES/PAYMENT.
Some of the Services on the Site require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such Services selected by User. peerVu reserves the right to change its prices and to institute new charges at any time, upon prior notice to User, which may be sent by email or posted on the Site. User authorizes peerVu, directly or through third parties, to make any inquiries it considers necessary to validate User’s account and financial information.
6. WARRANTY DISCLAIMER.
User acknowledges that peerVu has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases peerVu from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. peerVu makes no representations concerning any content contained in or accessed through the Site, and peerVu will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. peerVu will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on peerVu’s equipment, transmitted over networks accessed by the Site, or otherwise connected with User’s use of the Services.
