Terms of Service

Last updated on December 15, 2015.

Welcome!

Please read these Terms of Use carefully. Installing or using the services (as defined below) constitutes acceptance of these Terms of Use on your behalf.

The following terms of use (“Terms of Use) govern your use of the Peek mobile application (“Service”) and any of the services offered by Sponty, LLC (“Peek”). By using or visiting Peek, you signify your assent to these terms of use. These Terms of Use apply to all users ("User") of the Peek.

These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

Privacy

In addition to reviewing these Terms of Use, you should also review Peek’s Privacy Policy (“Privacy Policy”), which is incorporated by reference into these Terms of Use, to better understand how we collect and use information. Your use of the Service constitutes your agreement to Privacy Policy's terms and conditions.

See our Privacy Policy at Privacy Policy.

Basic Terms

  1. You must be at least 13 years of age to use the Service.
  2. You agree that you will not solicit, collect or use the login credentials of other Peek users.
  3. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
  4. You may view and use the Service only in accordance with the terms of these Terms of Use.
  5. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability, all as determined by applicable law.
  6. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
  7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content including but not limited to, copyright laws.
  8. You must not interfere or disrupt the Service or servers or networks connected to Peek, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Peek page is rendered or displayed in a user's device.
  9. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  10. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Peek terms.
  11. You must not impose or attempt to impose on Peek an unreasonably large load on the Service’s infrastructure or make automated use of the Services.
  12. Violation of these Terms of Use may, in Peek sole discretion, result in termination of your Peek account. You understand and agree that Peek cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Peek, we can stop providing all or part of the Service to you.

General Rights

Intellectual Property

The Service, including patents, copyrights, logos, trademarks and trade secrets are legally owned by Peek. These rights apply inter alia to the computer code of the Service, graphical design, products, company names, etc. All contents of Peek are protected by copyright and trademark rights, except as specifically permitted herein.

License

Upon your decision to use the Service and subject to your compliance with the terms of these Terms of Use, Peek will grant you a limited, non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use the Service solely for your personal and non-commercial purposes. We reserve all rights in Peek not expressly granted to you hereunder.

Disclaimer

The Service and other material available through Peek are provided "As Is", "at Your Own Risk" and "As Available" without any warranties whatsoever, express or implied. We assume no responsibility for the accuracy and completeness of the Service or other material on Peek.

All other warranties, express or implied, including any warranties of merchantability, fitness for any particular purpose, or non-infringement of intellectual property are specifically excluded and disclaimed. We do not warrant that the Service will meet User’s requirements and that the operation of the Service will be uninterrupted or error free, or that Peek or the server that makes them available are free of viruses or bugs. We make no warranty regarding the quality of any products, service, information or content obtained through Peek or the Service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through Peek or the Service.

Limitation of Liability

We, our affiliates, directors, employees, agents, representatives and third party service providers, will not be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost savings, lost data, business interruption or other special, consequential or incidental damages) arising out of or relating to the use, inability to use, or the results of use of the Service, whether based on warranty, contract, tort or any other legal theory and whether or not we have been advised of the possibility of such loss or damages.

In no event will our aggregate liability arising out of or in connection with these Terms of Use or from the use of or inability to use Peek or the Service exceed the amount you have paid us during the ninety (90) days prior to your claim (if any). The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and Peek. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Indemnification

You agree to indemnify us and our affiliates, directors, employees, agents, representatives and third party service providers, and to defend and hold us and each of them harmless, from any and all claims, actions, liabilities, damages, losses, expenses and costs (including attorney's fees) (collectively, “Claims”) which may arise from your access to or use of Peek, the Service or information obtained through use of the Service, any content that you submit to the Service, and/or your breach of these Terms of Use. We reserve the right to assume the exclusive control of any such defense of any such Claim.

App Availability

We shall not be responsible for any disruption to the Service, regardless of length. We will not be liable for losses related to User's inability to access content due to disruptions of the Service. We shall be excused from performance of any obligations under these Terms of Use, which are prevented or interfered due to acts or conditions beyond our reasonable control.

Peek Security

We maintain reasonable physical, electronic, and procedural safeguards and personnel policies, consistent with applicable laws that are designed to guard the Service, Peek, and our systems. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. In the event of a breach of the confidentiality or security of your information, we will reasonably attempt to notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using your most current email address on record with us.

Jurisdiction and Governing Law

We make no representation that the services offered through Peek are appropriate, available or legal in any particular location. Those who choose to access the Services offered through Peek do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The User understands and agrees that, in addition to money damages, we shall be entitled to equitable relief where appropriate upon User's breach of any portion of these Terms of Use.

Any claim relating to Peek or use of the Service will be governed by and interpreted in accordance with the laws of the United States of America, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Service will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the competent courts in the district of Los Angeles, California, United States of America. You hereby agree to waive all defenses of lack of personal jurisdiction and agree that process may be served in a manner authorized by applicable law or court rule. If any term or provision of this legal notice is for any reason held to be invalid, such invalidity shall not affect any other term or provision, and this legal notice shall be interpreted as if such term or provision had never been contained in this legal notice.

Miscellaneous

User agrees that no joint venture, partnership, employment or agency relationship exists between User and Peek as a result of these Terms of Use and/or User's use of the Service. User may not assign any part of its rights and obligations under these Terms of Use without our prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. The terms of these Terms of Use are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent. The titles and subtitles in these Terms of Use are used for convenience only and are not to be considered in construing it. You may contact Peek at https://spontyco.wordpress.com/contact.