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TERMS OF USE

Effective Date: July 15, 2014

The following Terms of Use include the agreement between you and Crowd Peep, LLC (“Crowd Peep”) for use of the Crowd Peep website or mobile application (the “Services”). By using the Services, you agree to be bound these Terms of Use. IF YOU DO NOT AGREE TO THE ALL OF THE TERMS INCLUDED IN THIS TERMS OF USE, DO NOT USE OUR SERVICES.

  1. Use.
    1. You must be at least 13 years old to use the Services. The Services are not available to individuals under the age of 13.
    2. You may only create an account for yourself and you agree that you will not create an account for anyone other than yourself. You may not sell, transfer, or assign your account to third parties. All information provided to Crowd Peep when you set up an account must be true and accurate and you agree to maintain the truth and accuracy of your account information at all times for as long as you are using the Services.
    3. You are solely responsible for the content you post or submit using the Services. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations related to your use of the Services. You further agree not to post material that is violent, hateful, unlawful, discriminatory, pornographic, or sexually suggestive. You agree not to engage in any behavior that is defamatory, intimidating, threatening, harassing, or abusive. You agree not to access the accounts of other Crowd Peep users without their permission or impersonate others using the Services. In the event you engage in, or are accused of engaging in any of the activity listed in this section, Crowd Peep reserves the right in its sole discretion to immediately disable and/or cancel your account with our without notice to you. Crowd Peep does not prescreen the content available through its Services, and therefore, will not responsible for any liability arising out the content. If the content you post violates any of the Terms of Use, in addition to account termination, you could be subject to legal responsibility for posting the content.
    4. You may not use the Services to send spam email or other commercial advertisements.
    5. Interfering or disrupting the Services, or Crowd Peep’s servers or networks, including by the transmission of any worms, viruses, spyware, malware or any other code is strictly prohibited. Creating accounts using an automated device is also strictly prohibited. Violation of this section will result in immediate termination of your account with or without notice to you.
    6. There may be links to third party websites and services accessible through the Services. Crowd Peep does not control or maintain the services or content made available through third party websites or applications. You also may have the ability to share the content you post through Crowd Peep with third party websites or applications. You agree that Crowd Peep is not responsible for third party services. All dealings with third parties are between you and the third party. Any information you elect to share with third parties, or allow third parties to access through the Crowd Peep website or application, is at your own risk. If you choose to use the third party’s services, you consent to the information being shared between Crowd Peep and the third party. In the event the information you share with a third party is personally identifiable information, the third party’s privacy practices will apply to its use of your personal information. Therefore, we suggest you also read the privacy policies of any third parties to understand their information sharing practices.
    7. From time to time the Services may be interrupted for maintenance or repair. Crowd Peep will not be liable for any damage or loss of your account information or content, or the suspension or unavailability of the Services. In the event that any of your content is lost or corrupted during maintenance or repairs, it may not be recoverable. Therefore, you may want to separately back up your content.
  2. Intellectual Property.
    1. Crowd Peep does not claim ownership to any of the content you post using the Services. However, by using the Services you grant Crowd Peep a non-exclusive, royalty-free, transferable and sub-licensable worldwide license to use the content that you post using the Services. You represent that you own or have the right to use and license the content you post using the Services, and that the content you post does not infringe on the rights of third parties. You agree to pay any royalties or other fees owed to any party as a result of the content you post using the Services. If you infringe other’s intellectual property rights your account may be terminated in Crowd Peep’s sole discretion with or without notice to you.
    2. The Services contain content that is owned by Crowd Peep and protected by copyright, trademark, patent, trade secret, or other laws. Crowd Peep does not transfer nor intend to transfer any of the rights it has in any of the content it owns and displays through its Services. You may not reproduce, modify, adapt, create derivative works from, perform, display, publish, distribute, sell or license any of the intellectual property owned by Crowd Peep and displayed through its Services.
    3. If you believe a Crowd Peep user is using your intellectual property without authorization, please report the alleged infringement to: support@crowdpeep.com.
  3. Indemnity.
    1. You agree to defend, indemnify, and hold harmless Crowd Peep, its principals, employees, agents and assigns, from and against any and all claims, liabilities, damages, losses, and expenses arising out of or in any way related to your use of the Services, including reasonable attorney’s fees and costs, and expert costs, if applicable. Crowd Peep reserves the right to assume the exclusive defense and control of any matter subject to indemnification. You agree not to settle any claim without the prior written consent of Crowd Peep.
  4. No Warranty.
    1. CROWD PEEP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES. THE SERVICES ARE PROVIDED ON AN AS-IS BASIS WITH ALL FAULTS. CROWD PEEP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. CROWD PEEP DOES NOT WARRANT THAT THE SERVICES OR SERVERS RUNNING THE SERVICES WILL BE FREE OR ERRORS, DEFECTS, OR HARMFUL COMPONENTS, NOR THAT THE INFORMATION IT PROVIDES THROUGH THE SERVICES IS ACCURATE OR COMPLETE.
  5. Limitation of Liability.
    1. CROWD PEEP WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER IN AN ACTION FOR CONTRACT, NEGLIGENCE, OR TORT, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, ECONOMIC, NONECONOMIC, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE SERVICES; THE AVAILABILITY OF THE SERVICES; YOUR USE OF THE SERVICES; CONTENT POSTED TO YOUR ACCOUNT; CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT; INTERRUPTION OR ERRORS IN THE COMPUTERS OR SERVERS THAT OPERATE THE SERVICES; SECURITY BREACHES OR DAMAGES CAUSED BY VIRUSES OR ANY OTHER INTERRUPTION OF CROWD PEEP’S SYSTEM, INCLUDING ANY DAMAGES TO YOUR MOBILE DEVICE OR OTHER EQUIPMENT YOU USED TO ACCESS THE SERVICES. IN NO EVENT WILL CROWD PEEP BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGE OR INJURY, INCLUDING WITHOUT LIMIATION, DEATH OR PERSONAL INJURY. CROWD PEEP WILL ALSO NOT BE RESPONSIBLE FOR THE ACTS OF THIRD PARTIES, OR ANY INJURY OR DAMAGES CAUSED BY THIRD PARTIES.
    2. IN THE EVENT YOU RESIDE IN A STATE THAT DOES NOT ALLOW LIMITATIONS OF LIABILTY, YOU AGREE THAT CROWD PEEP’S TOTAL LIABILTIY TO YOU FOR DAMAGES OR LOSSES WILL NOT EXCEED TWO-HUNDRED FIFTY DOLLARS ($250.00).
  6. Termination.
    1. Violation of any of these Terms of Use may result in the disabling or termination of your account in Crowd Peep’s sole discretion with or without notice to you.
    2. You may voluntarily terminate your account at any time by contacting us at support@crowdpeep.com.
    3. If your account is terminated either by you or by Crowd Peep, your personal information and user content uploaded to Crowd Peep’s servers will be deleted. The account information and content may remain on Crowd Peep’s servers or backups for 21 days and thereafter permanently deleted. However, once your account is terminated you will no longer have access to the information or content uploaded to Crowd Peep’s servers.
  7. Miscellaneous.
    1. These Terms of Use constitute the entire agreement between you and Crowd Peep with respect to your use of the Services, and supersedes any prior agreements between you and Crowd Peep related to the Services.
    2. You may not assign the Terms of Use or your rights, benefits, or obligations hereunder to any party without the prior written consent of Crowd Peep. Any attempt to assign your rights without Crowd Peep’s prior written consent will be null and void. Crowd Peep may assign its rights, benefits or obligations under these Terms of Use without your consent.
    3. These Terms of Use are governed by the laws of the State of California without giving effect to any principles of conflicts of law. Any disputes arising out of or related to these Terms of Use must be filed in the state or federal courts located in San Diego County. By using the Services you submit to the person jurisdiction of the courts located in San Diego County for the purpose of litigating all disputes related to the Terms of Use and/or your use of the Services.
    4. If any term, provision, or portion of this agreement is determined to be invalid or unenforceable, such term or provision will be enforceable to the maximum extent permitted by law, and the remainder of the agreement and any application of its terms and provisions shall remain valid and enforceable.
    5. The Terms of Use may only be modified in writing. Course of conduct of the parties or trade practices may not act to modify these Terms of Use.
    6. The Services are not intended for distribution or use in countries where such use would violate laws or regulations. Crowd Peep reserves the right to restrict the availability of its Services to any person, or to any geographic area, at any time and in its sole discretion.
    7. No software made available by the Services may be downloaded or exported to countries to which the United States has embargoed goods, or to any on the U.S. Treasury Department’s list of Specially Designated nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Services, you warrant that you are not located in, or a resident of any such country.

If you have questions or concerns regarding these terms of use, please contact us at: support@crowdpeep.com.