Terms of Service
By accepting this User Agreement, you are entering into a contract with Peeks.com Corp.., with its corporate offices located at 184 Front Street East, 7th Floor, Toronto Ontario, Canada. All capitalized terms unless otherwise defined herein shall have the meaning attributed to such term in the glossary of terms to be found at www.peeks.com/agreements/glossary.
2. About Peeks
Peeks is a revolutionary ecommerce enabled, video streaming social networking application that allows Broadcasters to contribute content via either live performances or uploading videos and receive both non-monetary and real money “Tips” from Viewers in appreciation of his/her contributed content. By virtue of receiving a Tip, Broadcaster is promising:
(a) a broadcast that is of approximately the minimum length advertised by the Broadcaster at the time of broadcast.
(b) a broadcast containing the content advertised by the Broadcaster at the time of broadcast.
The failure on the part of the Broadcaster to meet the broadcast duration, and/or to deliver the broadcast content that was advertised or otherwise promised to a Viewer, may result in consequences articulated in Section 6 of this Agreement. The Broadcaster is not promising a minimum performance standard or performance quality; furthermore, other than what has been stated in Section 2(a) and 2(b) above; there are no service levels at all promised, guaranteed or otherwise implied by Broadcaster by virtue of him/her receiving a Tip from a Viewer. Instead, Tips are voluntary payments to Broadcasters in appreciation of his/her contributed content in whatever form, content, media, duration without any representation warranty or guarantee of any nature whatsoever. All Tips are final, deemed fully earned and non-refundable. Unless explicitly stated, Peeks does not endorse nor recommend nor has any control over, nor guarantees the existence, quality, safety or legality of any goods, services or performances advertised and/or streamed via the Peeks Services; neither does Peeks endorse, warrant, affirm or in any other way guarantee, the truth, quality or accuracy of a Broadcasters’ content or promotions.
While Peeks may provide logistical and other types of technical support, such support is only a suggestion and it is solely up to the User to decide to follow it or not. Although Peeks may facilitate the resolution of disputes, Peeks does not claim that it has the ability to enforce any resolution or remedy on any party of a dispute; Peeks’ actions in this manner are purely on a reasonable efforts basis.
3. Usage of the Peeks Services
Peeks is a private service, and the usage of the Peeks Services is a privilege extended to the User at the sole and absolute discretion of Peeks. In order to maintain a fun and safe environment, all Peeks Users must be in compliance with Peeks’ Community Guidelines this document may be found at www.peeks.com/policies/community and respectively. Failure to meet these standards may result in Peeks limiting, restricting, suspending or cancelling your Peeks Account (hereinafter an “Account”) and may also result in Peeks indefinitely withholding any outstanding payments to you.
If Peeks believes that you are abusing the Peeks Services in any way, we may, in our sole and absolute discretion and without limiting other remedies: limit, suspend, or terminate your Account(s) and your access to Peeks Services; delay or remove hosted content; demote your Account(s) Status Level; remove and demote listings; and/or take any other technical and/or legal steps to prevent you from using Peeks Services. Peeks may cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or modify or discontinue the Peeks Services at any time, and from time to time, in our sole and unfettered discretion, without notice to the User. Additionally, we reserve the right to refuse or terminate at any time, or from time to time, all or part of our Peeks Services to anyone for any reason, or for no reason, at our sole and absolute discretion, without notice.
4. Broadcaster Regulatory Oversight
Broadcaster will promptly submit to and cooperate fully with any examination which may be required or requested by any of Regulatory Authority, Peeks, Issuer, Association or System, to the fullest extent required or requested by such Regulatory Authority, Peeks, Issuer, Association or System during normal business hours on a Business Day. Broadcaster will also provide to Peeks a copy of any reports, documents and other information which may be required or requested by any Regulatory Authority, Peeks, Issuer, Association or System in connection with its audit or review of Peeks, Issuer or any Peeks Platform Program and will reasonably cooperate with Peeks, such Regulatory Authority, Issuer, Association, or System in connection with any audit or review of Peeks or Issuer.
5. Broadcaster Compliance with Rules and Laws
Broadcaster will at all times during the Term of this User Agreement remain abreast of and knowledgeable about the Peeks Broadcaster Requirements and Rules and Requirements of Law relating to the Peeks Services; and, Broadcaster will remain at all times in compliance with the Rules and Requirements of Law and Peeks Broadcaster Requirements relating to the Peeks Platform Program and the Peeks Platform, including, without limitation, Rules and Requirements of Law relating to discrimination, anti-money laundering, United States based unlicensed online gambling, anti-terrorism and “Know Your Client”. Broadcaster will undertake reasonable efforts to: (i) ensure that Broadcaster Associates remain abreast of and knowledgeable about the Rules and Requirements of Law relating to the applicable Mobile Peeks Platform Programs, including Rules and Requirements of Law relating to anti-money laundering, anti-terrorism and “Know Your Client”; (ii) ensure that Broadcaster Associates remain at all times in compliance with the Rules and Requirements of Law; and (iii) ensure that Broadcaster Associates adhere to Peeks’ written guidance concerning compliance with the Rules and Requirements of Law. Broadcaster and Broadcaster Associates will be permitted a reasonable period of time to adjust its processes and procedures to comply with any changes in the Rules and Requirements of Law or guidance from Peeks’, provided such reasonable period of time may not extend past any effective dates established by the Rules and Requirements of Laws. Broadcaster and Peeks will initiate a regular discussion to apprise each other of recent developments in the areas referenced in this paragraph for the purposes of providing Broadcaster and Broadcaster Associates time to adjust their best practices to comply with any changes to any Rules and Requirements of Law, but failure to initiate such discussion does not limit or restrict Broadcaster or Broadcaster Associates’ obligations to comply with the Rules and Requirements of Laws.
6. Peeks Broadcaster Requirements
Peeks strives to create a safe, respectful and trustworthy service for all of its Users. As such Peeks is entirely dependent on Broadcasters to use the Peeks Services in an honest and responsible manner which is at all times in full compliance with the Rules and Requirements of Law, the Peeks Community Guidelines, the Peeks Terms of Service and the Peeks Broadcaster guidelines as outlined in this Agreement.
In relation to the use of the Service, Broadcasters are obliged to make full and true disclosure as to their products, services and or performances that are made available to Users through the Peeks Service. All broadcasts using the Peeks Services or Platform must meet the minimum broadcast length, quality and content standards advertised to Viewers by the Broadcaster at the time of broadcast. If Peeks believes that you are making false claims to Viewers or not providing a stream of the promised length or content or if you are otherwise abusing the Peeks Services in any way, we may, in our sole and absolute discretion and without limiting other remedies: withhold all payments to you indefinitely, refund money to Viewers at your expense, provide users with an eWallet credit for the amount equalling the disputed charge at your expense, limit, suspend, or terminate your Account(s) and your access to Peeks Services; delay or remove hosted content; demote your Account(s) Status Level; remove and demote listings; and/or take any other technical and/or legal steps to prevent you from using Peeks Services.
As a general right, Peeks may cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or modify or discontinue the Peeks Services at any time, and from time to time, in our sole and unfettered discretion, without notice to the User. Additionally, Peeks reserves the right to refuse or terminate at any time, or from time to time, all or part of our Peeks Services to anyone for any reason, or for no reason, at our sole and absolute discretion, without notice.
Peeks does not want to receive your confidential or proprietary information through our website or Platform. Please note that any information or material sent to Peeks will be deemed NOT to be confidential.
When sending information or providing Peeks with content or causing content to be posted using the Peeks Services, you grant Peeks a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Additionally, by sending information or providing Peeks with content or causing content to be posted using the Peeks Services, you grant Peeks an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, that content or information. You agree that Peeks is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against Peeks, its sublicensees, affiliates or our assignees.
You represent and warrant that none of the following infringe’ any rights mentioned in the preceding paragraph: your posting of content to our site(s) or mobile apps; your causing content to be posted using the Peeks Services, and use of any such content (including but not limited to works derived from it by us, our Users, or others in contract with us that is done in connection with the Services and in compliance with this Peeks User Agreement.
Peeks will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to Peeks will be published or otherwise used with your name on it; or (c) we are required to do so by law.
8. User Content
By posting, uploading or live streaming information or content through Peeks Services, Users warrant and represent that (a) they are the copyright owner of such content, or that the copyright owner has granted permission to use the content consistent with the manner and purpose of the User’s use, (b) the User has the rights necessary to grant the rights noted in Section 7 “Content” to Peeks, and (c) that each person depicted in such content, if any, has provided consent to the use of images, including without limitation, the distribution, public display and reproduction of the images. You represent and warrant that for the Term of this User Agreement you have all the rights necessary for the content that is posted, uploaded or live streamed on or through the Peeks Services and that the collection, use, and retention of the content will not violate any law or rights of others.
9. Consent to Use of Data
You agree that Peeks may collect and use technical data and related information, including but not limited to technical information about devices on which you access and/or use Peeks Services or Platform, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you, if any, related to Peeks Services or Platform. Peeks may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
10. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Peeks works to ensure that content on our site(s) does not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our customer service team at IPCS@peeks.com
11. Prohibited Activities
By acceptance of this User Agreement, you covenant and agree that you will not Broadcast and/or upload content that is in violation of Peeks Community Guidelines. Peeks Community Guidelines can be found at www.peeks.com/guidelines. If there is any disagreement as to whether content violates Peeks Community Guidelines, Peeks will make such determination in its sole and absolute discretion, such determination to be final and binding upon the User or Broadcaster. Prohibited Activities include, but are not limited to:
• Violating any applicable laws or regulations;
• Not reporting a crime being witnessed on a live stream or uploaded content;
• Hate speech;
• Sexual exploitation;
• Criminal Activity;
• Money Laundering;
• Promotion of Self Injury
• Injury of other parties;
• Terrorism Funding;
• Drug Dealing;
• Publishing, posting, uploading, distributing or disseminating any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information or that which will violate local laws or regulations;
• Transfer of your Peeks Account (including Feedback) and your ID to another party without our consent;
• Distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• Uploading files or content that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or technologies that may harm Peeks, or the interests or property of others;
• Use of any robot, spider, scraper, or other automated means to access any Peeks Services for any purpose;
• Bypassing Peeks’ robot exclusion headers, interfering with the working of Peeks Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
• Reproducing, performing, displaying, distributing, reverse engineering, or preparing derivative works from content that belongs to or is licensed to Peeks, or that comes from Peeks Services and belongs to Peeks or another party including works covered by any copyright, trademark, patent, or other intellectual property right, except with prior express permission of Peeks and/or any other party holding the right to license such use;
• Commercializing any Peeks application or any information or software associated with such application; for certainty, this includes selling, renting, leasing, redistributing or sublicensing Peeks Services;
• Copying, decompiling, reverse engineering, disassembling or attempting to derive the source code of Peeks Services or application;
• Harvesting or otherwise collecting information about Users without their consent; or
• Circumventing any technical measures Peeks uses to provide Peeks Services.
Peeks charges Fees for the use of Peeks Services. These Fees may include but are not limited to: Platform fees, payment processing fees, foreign exchange fees, Account re-instatement fees, settlement fees, Account inactivity fees, advertising fees, chargeback fees, rolling reserves and other fees. A schedule of Peeks Fees may be found at www.peeks.com/fees. Fees may be charged to you or your Broadcasters or Viewers. Fees may vary depending on your Status Level. Peeks may alter Fees from time to time and will make you aware of any changes to fees by posting the changes on the Peeks website 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of Fees.
You must be the greater of eighteen (18) years of age or the age of majority in the jurisdiction from where you are Broadcasting or uploading content to Peeks and have a payment method on file in order to send or receive Tips and/or purchase goods or services using Peeks Services. You agree to have all Fees and applicable taxes associated with the use of the Peeks Services debited from your Peeks Wallet Account by Peeks or any contracted third party payment processing provider contracted by Peeks to perform payment processing services on behalf of Peeks, prior to withdrawing any funds. If your payment method fails or your Account is past due, we may collect Fees owed by charging other payment methods on file with us, retaining collection agencies and legal counsel, and, in addition, you will be subject to Late Fees. Peeks, or the collection agencies we retain, may also report information about your Account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your Account may be reflected in your credit report. If you wish to dispute the information Peeks reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at Peeks Inc., 184 Front Street East, Toronto Ontario, Canada. If you wish to dispute the information a collection agency reported to a credit bureau regarding you Peeks Account, you must contact the collection agency directly.
13. Withdrawals and Settlement of Broadcaster Funds
As a Broadcaster you may earn money in the form of Tips, payments, incentives or by some other lawful means. These funds reside in your Peeks Wallet and you may withdraw all available funds after the expiration of the Hold Time, minus all applicable Fees and taxes. If you live in Canada or the United States you may withdraw funds by using any of following options; (1) via your Peeks Wallet, (2) by transferring the funds to your bank account, (3) by transferring funds to a Peeks-issued pre-paid payment credit card. Or, if you live outside Canada or the United states you can withdraw funds via bank wire or you may have a paper cheque mailed to you. Note not all settlement options are available in all countries; to see a full list of settlement options by country or to learn how to settle your funds, go to www.peeks.com/fees/settlement.
14. Holdbacks and Rolling Reserves
In order to protect against financial losses due to chargebacks, returns and potential fraud, Peeks may keep a rolling reserve against Broadcasters fund settlements for up to six months. The rolling reserve averages 10% of Earned Funds before chargebacks, returns and other fees. Broadcasters with an established track record may be subject to lower or no holdbacks at all. The remainder of Earned Funds will be made available to you for withdrawal after a holding period of approximately three to five days. Peeks may change holdback and rolling reserve percentages and time periods from time to time and will notify you 14 days in advance by posting the changes to Peeks’ website. Peeks reserves the right to freeze, withhold and otherwise retain Broadcaster funds if Peeks has reasonable suspicion of criminal activity by or on behalf of the Broadcaster or any of the Broadcaster’s customers. For a discussion on the operation of holdbacks see www.peeks.com/fees/holdbacks.
15. Transaction Limits
Peeks may in its sole discretion, or at the request of any Issuer or any Association, impose limits or restrictions on the amount or number of purchases that may be charged to a Broadcaster’s Peeks Account during any time period, or refuse to process charges from any Peeks Account or to any Peeks Account holder with a prior history of questionable charges. Peeks may impose transaction limits or refuse any transaction request of a Customer either temporarily or permanently including limits that are more restrictive than limits placed on Customers by an Issuer or Association in order to reduce Peeks’ reasonable apprehension of risk of loss under varying circumstances. Peeks is in no way responsible for any losses sustained by you, including claims for lost profits or consequential, special or material damages, on account of the imposition of transaction limits or restrictions or for any other reason whatsoever.
16. Account Claims and Disputes
If a Customer makes a claim against unpaid Broadcaster Funds, Peeks may, in its sole discretion, (a) withhold all or part of the unpaid Broadcaster Funds until the dispute is resolved to Peeks’ satisfaction; or (b) pay the disputed Broadcaster Funds to any court of law until the matter is resolved. You hereby covenant and agree that you shall immediately advise Peeks of (i) any error in the processing of any Broadcaster Funds whether positively or negatively impacting Peeks, you or a Customer, or (ii) the discovery of any illegal or fraudulent transaction by you, or by any of your Customers.
17. Advertising Requirements
When listing an Advertisement, you agree to comply with Peeks Advertising Policies, found at www.peeks.com/policies and that:
• You are entirely responsible for the accuracy and content of the listing and item(s) offered including, without limitation, any price, warranty or other claims;
• Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Peeks can’t guarantee exact listing durations;
• Content that violates any of Peeks Policies may be deleted at Peeks’ sole and absolute discretion and without notice to the party posting the Advertisement;
• The appearance or placement of listings in search and browse results will depend on a variety of factors none of which Peeks guarantees, including, but not limited to:
• buyer’s location, search query, browsing site, and history;
• item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the enquiry;
• seller’s history, including listing practices, Detailed Seller Ratings, Peeks Policy compliance, Feedback; and
• number of listings matching the buyer’s query.
18. Call Recording and Contact Authorization
Peeks may, without further notice or warning and in its sole discretion, monitor or record telephone conversations or live stream Broadcasts that you or anyone acting on your behalf has with Peeks or its agents for: quality control; security; and training purposes; or for Peeks’ own protection and for the protection of others; or to ensure compliance with this User Agreement and applicable law.
19. Indemnity and Release
You hereby covenant and agree to indemnify, defend, release and hold harmless Peeks and our affiliates and subsidiaries, and Peeks’ and its affiliates and subsidiaries’ respective officers, directors, employees, agents, and shareholders from claims, demands and damages, actual and consequential, and all fines, penalties, losses and expenses (including legal fees on a solicitor and client basis), or other liabilities resulting from or in connection with your use of the Peeks Services or that arise from a breach of any of the terms and conditions of this User Agreement. If having a dispute with one or more Users, you release Peeks from claims of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In agreeing to this release you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
20. Legal Disputes
You and Peeks agree that any claim or dispute in law or equity that arises from or may arise from this or any previous versions of the Peeks User Agreement, or from your use of, or access to the Peeks Services, or any products or services sold or purchased through the Peeks Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
20.1 Prohibition of Class Action and Representative Action and all Non-Individualized Relief
YOU AND PEEKS AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING WITHOUT THE MUTUAL CONSENT OF BOTH YOU AND PEEKS. THE ARBITRATOR OR JUDGE, AS THE CASE MAY BE, MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS ACTION, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR OR JUDGE MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. The invalidity or unenforceability of any provision of this section “Prohibition of Class Action and Representative Action and all Non-Individualized Relief”, as so determined by a court of competent jurisdiction, shall not affect the other provisions hereof, and in any such occasion this section shall be construed in all respects as if such invalid or unenforceable provision were omitted.
21. Survival of Claims
It is agreed that any claim arising out of or related to this Peeks User Agreement will not be brought later than two (2) years after the cause of action became known or should have become known to the complainant.
22. Invalid or Non enforceable Provisions
The invalidity or unenforceability of any provision of this Peeks User Agreement, as so determined by a court of competent jurisdiction, shall not affect the other provisions hereof, and in any such occasion, this Peeks User Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.
23. Choice of Law/Venue
This Peeks User Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, and without regard to its conflicts of law rules. You hereby irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario. The venue for any action, dispute or proceeding with respect to this Peeks User Agreement shall be Toronto, Ontario, except in the case of any action, dispute, or proceeding relating to an indemnification obligation hereunder, which action, dispute, or proceeding may be brought before any court with competent jurisdiction.
24. Amendments and Modifications
We may amend this Peeks User Agreement at any time by posting the amended terms on www.Peeks.com. Our right to amend the Peeks User Agreement includes the right to modify, add, or remove terms in the Peeks User Agreement. We will provide you 30 days’ notice by posting the amended terms on Peeks’ website. Additionally, we may notify you by text message, autodialed call or by email. Your continued access or use of Peeks Services constitutes your acceptance of the amended terms as and when posted from time to time. We may, but have no obligation to, also ask you to acknowledge your acceptance of the Peeks User Agreement through an electronic click-through. This Peeks User Agreement may not otherwise be amended except through mutual agreement by you and a Peeks representative who is duly authorized to agree to such an amendment.
The Peeks Policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Peeks website.
25. Acting on Behalf of a Business
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Peeks User Agreement. Such account is owned and controlled by the business entity and Peeks can rely upon the foregoing sentence in respect of any instructions in respect of the business entity.
26. No Partnership
You and Peeks do not intend to create, and have not created, a legal partnership or joint venture by agreeing to perform the activities set forth in this Peeks User Agreement. Each of you and Peeks shall be an independent contractor with respect to the other. Neither you nor Peeks shall have the legal authority to contractually bind the other. Notwithstanding the foregoing, in the event that you and Peeks hereto agree to create a legal partnership or joint venture in the future with respect to the provision of the Peeks Services as set forth herein, such agreement shall be a separate and distinct agreement in writing. The arrangement between you and Peeks hereto is non-exclusive and this Peeks User Agreement does not grant to you any exclusive rights relative to all, or any part of, the Peeks Service.
27. Survival of Obligations
The rights and obligations of the parties hereunder which by their nature would continue beyond the termination or cancellation of this Peeks User Agreement (including, without limitation, those relating to the following sections; Fees, Content, Limitation of Liability, Indemnity and Release, and Legal Disputes) shall survive any termination or cancellation of this Peeks User Agreement.
28. Peeks Services and Marks
You shall not: (i) attempt to modify Peeks’ marks, trademarks, trade names, or any Peeks Services in any manner; or (ii) sell, assign, license, sub-license or otherwise transfer, transmit or convey Peeks Services, any part thereof, or any copies or modifications thereof, or any interest therein, to any party. All rights in the Peeks Platform and Peeks Services, including without limitation any patents, trademarks, trade names, copyrights and any other intellectual property rights therein and all improvements thereto howsoever arising, shall remain the exclusive property of Peeks and/or Peeks’ licensors. You agree that the Peeks Services are the proprietary and confidential information of Peeks and/or its licensors. The limited license to use the Peeks Services in compliance with this User Agreement, or any part thereof as applicable, shall immediately terminate upon the earlier of: (i) termination or expiration of this Peeks User Agreement; or (ii) failure by you to comply with any provisions of this User Agreement.
29. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PEEKS SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PEEKS SERVICE PERFORMED OR PROVIDED BY PEEKS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PEEKS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PEEKS SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OR SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PEEKS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF PEEKS SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR PEEKS SERVICES PERFORMED OR PROVIDED BY PEEKS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF PEEKS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PEEKS SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM PEEKS SERVICES OR PLATFORM, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PEEKS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD PEEKS SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
30. Limitations of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PEEKS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PEEKS SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PEEKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Peeks’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
31. Limitation of Liability for Content
You understand that by using Peeks Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or displays of nudity, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, Users agree to use Peeks Services at their sole risk and that Peeks shall not have any liability for content that may be found to be offensive, indecent, or objectionable. Peeks does not control or endorse the content, messages or information displayed on the Peeks Services and, therefore, Peeks specifically disclaims any liability with regard to the use of the Peeks Services and any actions resulting from your participation in any Peeks Service.
Broadcasters and Users, in uploading or live streaming content through Peeks Services or Platform, acknowledge they alone are liable for the information or content they upload or live stream on Peeks Services or Platform. In no event shall Peeks be liable for content or information posted, uploaded, or live streamed on Peeks Services by a Broadcaster and/or User. Broadcasters and Users agree to indemnify Peeks, its affiliates and subsidiaries, and all other parties named in Section 19 “Indemnity and Release” for all claims brought against Peeks on account of content posted, uploaded or live streamed that violates laws, whether inside or outside of Canada.
32. Third Party Materials
In accessing and using the Peeks Services, Users may be exposed to content, data, information, applications or materials from third parties or provided links to certain third party websites. By using Peeks Services, Users acknowledge and agree that Peeks is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third party materials or websites. Peeks does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials, products or services. Peeks is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties or use a link to such parties from the Peeks Services or Platform.
The headings, captions and titles used in this Peeks User Agreement are for convenience of reference only and shall not have any bearing in interpreting, construing, performing or enforcing this Peeks User Agreement.
Any notice, approval, request, authorization, direction or other communication under this Peeks User Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes (a) on the delivery date, if delivered personally to the party to whom the same is directed; (b) two business days after deposit with a commercial overnight carrier, with written verification receipt; or (c) five (5) days after the mailing date, whether or not actually received, if sent by registered mail, return requested, postage and charges prepaid, or any other means of rapid mail delivery for which a receipt is available to the address of the Party to whom same is directed as set forth at the beginning of this Peeks User Agreement. All such communications will be directed to the attention the Authorized Agent in the case of you and Customer Service in the case of Peeks.
35. Transfer and Assignment
You may not sell, assign or transfer any of your rights or obligations under this Peeks User Agreement without the prior written consent of Peeks (which consent may be arbitrarily withheld or conditional).
Crowdfunding Addendum to the Peeks Terms of Service
1. Introduction. We strive to ensure that all Peeks crowdfunding campaigns (“Campaigns”) are accurate and funds are delivered and used for their stated purposes. In the case of misuse of the Service by Campaign Owners the Peeks crowdfunding guarantee (the “Guarantee”) guarantees that Funders contributions are protected. If Funders are misled by a Campaign Owner the Campaign Owner is obliged work with the Funder to answer questions and to promptly resolve Funders’ concerns. In the eventuality that Funders concerns are not adequately addressed, then Funder may contact us at firstname.lastname@example.org.
2. Note. Peeks crowdfunding may not be used to solicit private or public equity investments in a company, corporation, limited liability company, partnership and/or sole proprietorship. Funders may not receive shares, options warrants or any other registered security as a result of funding a Campaign.
3. For Funders. Funders may receive a refund if;
- The Campaign Organizer does not deliver funds to the Intended Beneficiary (as defined below);
- The campaign’s content is misleading, exaggerated or in any other way inaccurate with respect to a material facts about the Campaign.
- The Campaign Organizer has been formally charged with a crime directly related to securities laws violations or for their actions, omissions, and/or misrepresentations made by that individual in the Campaign.
- Peeks reserves the right, in its sole discretion, to determine whether the Campaign Organizer has misused the Service and whether the Funder is eligible for a refund. In the eventuality that Peeks determines the Funder is eligible for a refund, the refund will be limited to $1000. The refund may be credited to the Funders Peeks E-wallet, Funders bank account or credited to the Funders payment card, as the case may be. All resolutions are decided by Peeks in our sole discretion, and all of our determinations are final.
- Peeks will deduct a Platform Fee from all funders contributions to a Campaign. The Platform Fee varies from 25% to 15% of the funds contributed (please see fees schedule)
4. Funder Exemptions
The following reasons for a refund are excluded and not covered by this Policy:
- Seeking a refund for your donation to your own campaign;
- Refunds for offline Contributions not transacted on the Platform;
- Buyers remorse;
- A personal disagreement with the Campaign Owner or peoples and/or organizations associated with the Campaign Owner;
- Disagreement with how a campaign organizer or beneficiary uses funds raised in excess of the stated campaign goal at the time of your donation;
- Disagreement with Peeks or any of its management, employees, subsidiaries or individuals associated with Peeks management or employees.
5. Campaign Owner Exemptions. The following situations may result in Peeks determining that the Campaign Owner funds may be withheld and/or refunded to Funders; under this Policy:
- Not receiving funds due to garnishment or other withholding or transfer of campaign funds under a court or other legal order;
- Peeks decision to designate a different person as the Intended Beneficiary for benefits under this Policy;
- Your receipt of at least $25,000 in contributions from Peeks under this Policy in the prior 12 months;
- The Campaign objective was illegal, restricted or otherwise disallowed by Peeks;
- Your written authorization for Peeks Crowdfunding and its payment partners to allow somebody else (including the Campaign Organizer) to withdraw funds on your behalf.
6. Submitting a Claim. To request a claim, all conditions listed below must be met;
- You did not cause, contribute to, or induce the Misuse, whether directly or indirectly;
- You can prove that you had attempted to notify the Campaign Owner of your concern, within 72 hours of you becoming aware of the Misuse.
- You have used your reasonable efforts to try to remedy the circumstances of the Misuse before submitting a claim;
- You have completed the claim form and provided evidence of the Misuse;
- You agree to fully cooperate with any investigation by Peeks or a law enforcement authority; and
- You have notified Peeks if at any time you receive any communication or funds from the Campaign Owner;
- Your contribution was not paid for by using a fraudulent payment instrument (for example, a stolen credit card);
- You have not filed a chargeback for your contribution to the Campaign;
- Your contribution to the Campaign was made online via the Peeks Service;
7. Abusive Claims. Abusive claims include but are not limited to the following:
- Filing fraudulent claims, as determined by Peeks in its sole discretion;
- For Funders, filing a chargeback after receiving a refund;
- Filing a claim under this Policy after filing a chargeback;
- Filing excessive or unsubstantiated claims.
Users who file fraudulent claims are subject to consequences outlined in our Terms of Service. If Peeks in its sole discretion determines that either the Campaign Owner and/or the Funder has made a fraudulent claim, we reserve the right to indefinitely withhold any and all funds payable to either the Funder and/or Campaign Owner. We further reserve the right to seek punitive damages and/or investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies.