Updated: July 21, 2011
1.1 Your use of PeekYou's products, software, services, and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by PeekYou under a separate written agreement) is subject to the terms of a legal agreement between you and PeekYou. "PeekYou" means PeekYou.com LLC, whose principal place of business is at 265 West 37th Street, New York, NY, 10018. This document sets forth and explains the terms of said agreement.
1.2 Unless otherwise agreed to in writing by PeekYou, your agreement with PeekYou will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms."
1.3 Your agreement with PeekYou will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms." Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and PeekYou in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms."
1.5 If there is any perceived contradiction between the Additional Terms and the Universal Terms, the Additional Terms shall prevail in relation to the Service to which they apply.
2.1 Before you may use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. If you do not agree to these Terms, you must immediately terminate your use of the Services.
2.2 You can accept the Terms by:
2.2.1 clicking to accept or agree to the Terms, where this option is made available to you by PeekYou in the user interface of any Service; or
2.2.2 proceeding to use the Services. In this case, your consent to the Terms will be implied.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with PeekYou, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3.1 Where PeekYou has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with PeekYou.
3.2 If there is any perceived contradiction between the English language version of the Terms and the translated version, the English language version shall prevail over the translated version.
4.1 "Content" means copyright material, including advertising, features or groups of features or data that are posted to the Site by any User, including all discussions, images, text, software, and other content located on our Site, whether generated by Users or by our Site.
4.2 "Search Results" means a web page on the site that presents a list of people or of permalinks as results to any given query.
4.3 "Listing" means a Web page on the Site providing permalinks to other sites and information about a particular person.
4.4 The "Site" means any content, service, or property accessible within the Internet domain www.peekyou.com or otherwise displayed by us. This includes, but isn't restricted to, all text, images, and software.
4.5 "Users" or "You" as used herein refer collectively to all of our viewers, consumers, and advertisers alike.
4.6 "We" or "Us" refer to PeekYou LLC, a Delaware Limited Liability Corporation.
5.1 PeekYou has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of PeekYou itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
5.2 PeekYou is constantly innovating in order to provide the best possible experience to its Users. You acknowledge and agree that the form and nature of the Services which PeekYou provides may change from time to time without prior notice to you.
5.3 As part of this continuing innovation, you acknowledge and agree that PeekYou may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally, at PeekYou's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform PeekYou when you stop using the Services.
5.4 You acknowledge and agree that if PeekYou disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content contained in your account.
5.5 You acknowledge and agree that while PeekYou may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by PeekYou at any time, at PeekYou's discretion.
6.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to PeekYou will always be accurate, correct, and up to date.
6.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other countries).
6.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by PeekYou, unless you have been specifically allowed to do so in a separate agreement with PeekYou. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
6.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks involved with the Services).
6.5 Unless you have been specifically permitted to do so in a separate agreement with PeekYou, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
6.6 You agree that you are solely responsible for (and that PeekYou has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which PeekYou may suffer) of any such breach.
7.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
7.2 Accordingly, you agree that you will be solely responsible to PeekYou for all activities that occur under your account.
7.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify PeekYou immediately at firstname.lastname@example.org.
8.2 You agree to the use of your data in accordance with PeekYou's privacy policies.
9.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from whom such content originated. All such information is referred to below as the "Content."
9.2 You understand that all information and Content is presented to you as is, and PeekYou makes no guarantees regarding quality, integrity or accuracy.
9.3 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to PeekYou (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 PeekYou or by the owners of that Content, in a separate agreement.
9.4 PeekYou reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from any Service. For some of the Services, PeekYou may provide tools to filter out explicit sexual content.
9.5 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Services at your own risk.
9.6 You agree that you are solely responsible for (and that PeekYou has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which PeekYou may suffer) by doing so.
10.1 You acknowledge and agree that PeekYou (or PeekYou's licensors) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by PeekYou and that you shall not disclose such information without PeekYou's prior written consent.
10.2 Unless you have agreed otherwise in writing with PeekYou, nothing in the Terms gives you a right to use any of PeekYou's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
10.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with PeekYou, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and PeekYou's brand feature use guidelines as updated from time to time.
10.4 Other than the limited license set forth in Section 11, PeekYou acknowledges and agrees that it obtains no right, title, or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit, or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with PeekYou, you agree that you are responsible for protecting and enforcing those rights and that PeekYou has no obligation to do so on your behalf.
10.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
10.6 Unless you have been expressly authorized to do so in writing by PeekYou, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion as to the owner or authorized user of such marks, names, or logos.
11.1 PeekYou gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by PeekYou as part of the Services (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PeekYou, in the manner permitted by the Terms.
11.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by PeekYou, in writing.
11.3 Unless PeekYou has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
12.1 You retain copyright and any other rights you already hold to Content which you submit, post, or display on or through, the Services. By submitting, posting, or displaying the content you give PeekYou a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Content which you submit, post, or display on or through, the Services. This license is for the sole purpose of enabling PeekYou to display, distribute, and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
12.2 You agree that this license includes a right for PeekYou to make such Content available to other companies, organizations, or individuals with whom PeekYou has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
12.3 You understand that PeekYou, in performing the required technical steps to provide the Services to our Users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit PeekYou to take these actions.
12.4 You confirm and warrant to PeekYou that you have all the rights, power, and authority necessary to grant the above license.
13.1 The Software which you use may automatically download and install updates from time to time from PeekYou. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit PeekYou to deliver these to you) as part of your use of the Services.
14.1 The Terms will continue to apply until terminated by either you or PeekYou in the following ways.
14.2 If you wish to terminate your legal agreement with PeekYou, you may do so by (a) notifying PeekYou at any time and (b) closing your accounts for all of the Services which you use, where PeekYou has made this option available to you. Your notice should be sent, in writing, to PeekYou's address, which is set out at the beginning of these Terms.
14.3 PeekYou may at any time terminate its legal agreement with you if:
14.3.1 you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
14.3.2 PeekYou is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
14.3.3 the partner with whom PeekYou offered the Services to you has terminated its relationship with PeekYou or ceased to offer the Services to you; or
14.3.4 PeekYou is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or
14.3.5 the provision of the Services to you by PeekYou is, in PeekYou's opinion, no longer commercially viable.
14.4 Nothing in this Section shall affect PeekYou's rights regarding provision of Services under Section 4 of the Terms.
14.5 When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and PeekYou have benefited from, been subject to (or which have accrued over time during which the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations, and liabilities indefinitely.
15.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT PEEKYOU'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
15.3 IN PARTICULAR, PEEKYOU, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
15.3.1 YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR,
15.3.2 YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
15.3.3 ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
15.3.4 THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
15.4 THE DOWNLOAD OR OBTAINMENT OF ANY MATERIAL THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
15.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEEKYOU OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
15.6 PEEKYOU FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
16.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 15.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PEEKYOU, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
16.1.1 ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
16.1.2 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
22.214.171.124 ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
126.96.36.199 ANY CHANGES WHICH PEEKYOU MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
188.8.131.52 THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
184.108.40.206 YOUR FAILURE TO PROVIDE PEEKYOU WITH ACCURATE ACCOUNT INFORMATION;
220.127.116.11 YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
16.2 THE LIMITATIONS ON PEEKYOU'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT PEEKYOU HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
17.1 It is PeekYou's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
18.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services, or other information.
18.2 The manner, mode, and extent of advertising by PeekYou on the Services are subject to change without specific notice to you.
18.3 In consideration for PeekYou granting you access to and use of the Services, you agree that PeekYou may place such advertising on the Services.
19.1 The Services may include hyperlinks to other web sites or content or resources. PeekYou may have no control over any web sites or resources which are provided by companies or persons other than PeekYou.
19.2 You acknowledge and agree that PeekYou is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such web sites or resources.
19.3 You acknowledge and agree that PeekYou is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such web sites or resources.
20.1 PeekYou may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, PeekYou will make a new copy of the Universal Terms available at http://www.peekyou.com/terms and any new Additional Terms will be made available to you from within, or through, the affected Services.
20.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, PeekYou will treat your use as acceptance of the updated Universal Terms or Additional Terms.
21.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
21.2 The Terms constitute the whole legal agreement between you and PeekYou and govern your use of the Services (but excluding any services which PeekYou may provide to you under a separate written agreement), and completely replace any prior agreements between you and PeekYou in relation to the Services.
21.3 You agree that PeekYou may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
21.4 You agree that if PeekYou does not exercise or enforce any legal right or remedy which is contained in the Terms (or which PeekYou has the benefit of under any applicable law), this will not be taken to be a formal waiver of PeekYou's rights and that those rights or remedies will still be available to PeekYou.
21.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
21.6 You acknowledge and agree that each member of the group of companies of which PeekYou is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third-party beneficiaries of the Terms.
21.7 The Terms, and your relationship with PeekYou under the Terms, shall be governed by the laws of the State of New York without regard to its conflict-of-laws provisions. You and PeekYou agree to submit to the exclusive jurisdiction of the courts located within the county of New York, New York to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that PeekYou shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
21.8 PeekYou is not a consumer-reporting agency ("Consumer Reporting Agency") as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA") and the Services and any reports provided by the Services do not constitute "consumer reports," "consumer credit information," or "consumer report information" as those terms are defined in the FCRA. The information provided by the Website and Service does not bear on any consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. PeekYou has not collected or used the information on the Website or Services, and does not offer or provide the Website or Services, in whole or in part, for the purpose of serving as a factor in establishing any consumer's eligibility for (A) credit or insurance to be used primarily for personal, family, or household purposes; (B) employment purposes; or (C) any other purpose authorized under section 1681b of FCRA. PeekYou does not regularly engage in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties; PeekYou does not prepare or furnish consumer reports as defined under FCRA; and PeekYou does not expect the information on the Website or provided by the Services to be used for any consumer purpose. You agree that you will not collect, use or provide PeekYou data, Services, or reports, or the Website, in whole or in part:
- In connection with establishing a consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes or in connection with assessing risks associated with existing credit obligations of a consumer.
- For employment purposes, including without limitation for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee;
- For any tenancy verification or in connection with any application to rent real property;
- In connection with a determination of a consumer's eligibility for a license or other benefit that depends on an applicant's financial responsibility or status;
- As a potential investor or servicer, or current insurer, in connection with a valuation of, or assessment of credit or prepayment risks associated with, an existing credit obligation;
- In connection with any information, service or product sold or delivered to a "Consumer" (as that term is defined in the FCRA) that constitutes or is derived in substantial part from a consumer report; or for any other purpose under the FCRA;
- For the preparation of a consumer report or in such a manner that may cause such data to be characterized as a consumer report;
- For any other purpose authorized under section 1681b of FCRA.
21.9 You agree that you do not and will not engage in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, that you do not prepare or furnish consumer reports as defined under FCRA, and that you do not expect the information on the Website or provided by the Services to be used for any consumer purpose. You agree not to take any "adverse action" (as that term is defined in the FCRA), which is based in whole or in part on PeekYou Services or data, against any Consumer.