We realize legal terms can get a little confusing, not to mention boring. For this reason, we've included a Plain English Summary for users who don't want to spend hours reading and translating our full Privacy Policy. For legal scholars and others who enjoy this sort of thing, you may also read our full Privacy Policy here.
Privacy Policy in Plain English:
We realize legal terms can get a little confusing, not to mention boring. For this reason, we've included a Plain English Summary for users who don't want to spend hours reading and translating our full Terms and Conditions. For legal scholars and others who enjoy this sort of thing, you may also read our full Terms and Conditions here.
Terms & Conditions in Plain English:
Privacy policy (full version)
This privacy policy is effective as of June 20, 2007.
1. Introduction
a. Peerspin.com, operated by Peerspin, Inc., ("we", "us" or "Peerspin") has provided this Privacy Policy to assist you in understanding
how we collect and use the personal information that you provide to us and to assist you in making informed decisions when using the Peerspin web site
located at www.peerspin.com (the "Web Site").
2. The Information We Collect
a. When you visit the Web Site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected by us
and Web Site use information collected by us as you browse our Web Site.
b. When you register on the Web Site, you create your own profile and privacy settings. Your profile includes personal information, such as your personal interests,
gender, age, education, occupation and certain relationship preferences. Your profile information, as well as your name, email and photo, may be displayed to
other users of the Web Site. If you post personally identifiable information in areas of the site accessible to other users, you should be aware that such
information can be read, collected, or used by other users, and could be used improperly (including for example to send you unsolicited messages). We are not
responsible for the personally identifiable information you choose to submit in these forums or for others' misuse of such information.
c. When you enter our Web Site, we collect the user's browser type and IP address. This information is gathered for all users of the Web Site and is used for
administrative and analytical purposes, including diagnosing problems with our servers. In addition, when you enter our Web Site, we store certain information
from your browser using "cookies" A cookie is a piece of data stored on the user's computer tied to information about the user. We use session cookies
containing encrypted information to allow the system to uniquely identify you while you are logged in. This information allows us to process your online
requests and preferences. We also use persistent cookies, that only we can read and use, for purposes of personal identification. We are careful about the
security and confidentiality of the information stored in persistent cookies. For example, we do not store account numbers or passwords in persistent cookies.
You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature.
3. Use of Information Obtained by Peerspin
a. We use personal information to provide the services we offer. Your profile, pictures and user name are displayed in order to facilitate user interaction and
for purposes of our matching services. With the exception of inviting friends and certain notifications, a user's email address is not shared or displayed.
Users may communicate using various Peerspin messaging services, including a form of instant messenger, without disclosing their email addresses. To facilitate
searching and finding friends and acquaintances on the service, Peerspin allows users to search for other members using certain profile matching systems
and/or specific user names. Please remember that any information that is disclosed in the course of using the service provided by Peerspin and/or participating
in any of the public forums available via the Web Site becomes public information; accordingly, you should exercise caution when deciding to disclose your
personal information.
b. From time to time, Peerspin or a partner, may sponsor a promotion or contest on the Web Site. Users may be asked to provide personal information including
name, email address or home address or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have
explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy
statement will apply.
c. In cases of suspected abuse or service problems, Peerspin may use an IP address in conjunction with other personally identifiable information to enforce our
Terms of Service and/or to protect or troubleshoot this Web Site, its users or others who may be affected.
d. Peerspin may archive information, including personal information, you provide in the course of using our services and any other aspects of the Peerspin Web site.
We store that information on servers that are controlled by us or by third parties who have agreed to comply with our commitments made under this Privacy Policy
and with whom we have a contractual relationship. Archived information will not ordinarily be erased unless and until your entire account with Peerspin is deleted,
and even then we may retain some or all of your information on back-up files; provided, however, we assume no obligation or guarantee to archive any information
and do not warrant that any archived information will later be made available to you.
e. We may use personal information for auditing, research and analysis to operate and improve the services we offer.
4. Sharing Your Information with Third Parties
a. We may share your information with third parties, including companies with which we have a relationship. For example and without limitation:
i. We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business,
such as directing and displaying specific advertisements on the Web Site. In connection with these offerings and business operations, our service providers
may have access to your personal information for use in connection with these business activities.
ii. We may be required to disclose customer information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws.
Additionally, we may share account or other information when we believe it is necessary to comply with law or to protect our interests or property. This may
include sharing information with other companies, lawyers, agents or government agencies.
iii. We may share information with advertisers.
iv. If the ownership of all or substantially all of the Peerspin business or assets were to change, your user information would likely be transferred to the new owner(s).
v. We may share with, or disclose or sell to, third parties aggregated information which does not reference individually identifiable users.
b.If you do not want to receive promotional email from Peerspin and/or do not want us to share your information with third parties for marketing purposes, please
submit a request by emailing us. We will make reasonable efforts to implement any choice you make as soon as possible; provided, however, Peerspin reserves
the right to send you certain communications relating to the Peerspin service, such as service announcements and administrative messages without offering you
the opportunity to opt out of receiving them.
5.Links
a. This site may contain links to other websites. Peerspin is not responsible for the privacy practices of other web sites. We encourage our users to be aware
when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement
applies solely to this Web Site.
6. Third Party Advertising
a. Advertisements that appear on the Web Site are delivered to users by our advertising partners. Our advertising partners may download cookies to your computer.
Doing this allows the advertising network to recognize your computer each time they send you an advertisement. In this way, they may compile information about
where you, or others who are using your computer, saw their advertisements and determine which advertisements are clicked. This information allows an advertising
network to deliver targeted advertisements that they believe will be of most interest to you. Peerspin does not have access to or control of the cookies that may be
placed by the third party advertisers. This privacy statement covers the use of cookies by Peerspin and does not cover the use of cookies by any of its advertisers.
7. Changing or Removing Information
a. Peerspin users may modify or remove any of their personal information at any time by logging into their account. For technical reasons, any modifications or deletions
which you request may take a short period of time to take effect.
b. If you change or delete any of your personal information, Peerspin will remove the old or deleted information from public view; however, as noted in Section 3 above,
we may keep such information archived indefinitely.
8. Security
a. Peerspin takes appropriate precautions to protect our users' information. Your account information is located on a secured server behind a firewall. Because email is
not recognized as a secure medium of communication, we request that you do not send private information to us by email. In addition, as all security measures are subject
to possible circumvention, we cannot and do not provide any guarantees regarding the effectiveness of the security we employ or our ability to prevent third parties,
acting unlawfully, from obtaining information that you provide to us. If you have any questions about the security of the Peerspin Web Site, please contact us.
b. Peerspin encourages all users to maintain a pseudonymous identity when using the services provided by Peerspin or any other public aspects of the Web Site. Peerspin
cannot ensure that your identity, telephone number, work or home address and other personal identifying or contact information will not be discovered by other users
of the Web Site. This is particularly true because your location (within a radius of approximately five miles) will be revealed. It is, of course, more likely that your true
identity will be discovered if you post photographs or share other unique identifying information about yourself on public areas of the Web Site.
9. Changes in Our Privacy Policy
a. We reserve the right to change our privacy policy at any time. If we do this, we will post the changes to this policy on this page and will indicate at the top of this page
the policy's effective date. We therefore encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy.
10. Acceptance
a. This privacy policy is incorporated into and subject to the terms and conditions of Peerspin's Terms of Service Agreement. Use of Peerspin's services is subject to your
compliance with those terms and conditions, which constitute a legal agreement between you and Peerspin. Each time you use Peerspin's services you signify that you have
read, understood and agree to be bound by the Terms of Service, which incorporates the privacy policy, and the applicable posted guidelines.
USE OF THIS WEBSITE SIGNIFIES THE ACCEPTANCE OF THE TERMS OF SERVICE AGREEMENT AND THE PRIVACY POLICY. If you do not agree with the terms of either of these
documents, please do not provide Peerspin with any information and do not use Peerspin's services or this Web site. Your continued use of Peerspin's services or this
Web site in light of changes to this statement, to the privacy policy or to the relevant principles will signify your acceptance of the changes.
11.Contacting the Web Site
a. If you have any questions about this privacy policy, please contact us.
Terms of Service
June 21, 2007
This Terms of Service agreement (the "Agreement") is
a legal agreement between PEERSPIN, Inc. ("PEERSPIN," "we," "us", or "our") and
you, governing your use of PEERSPIN.com. PEERSPIN.com (the "Service" or
"PEERSPIN.com") is an online service that enables PEERSPIN.com members
("Member(s)") to create unique online pages and share files, photographs, blogs,
bookmarks, and other content with friends and other members of the PEERSPIN.com
community and site visitors. The Service includes without limitation our Web
sites (collectively, including all content available through the PEERSPIN.com
domains and sub-domains, collectively the "Sites"). In addition, when visiting
the Sites or using the Service, you and PEERSPIN shall be subject to the terms
of our Privacy Policy and any other posted
guidelines, rules, or notices applicable to the Service which may be posted from
time to time. All such policies, guidelines, rules, and notices are hereby
incorporated by reference into the Agreement.
By visiting the Sites or using the Service, you
signify your agreement to all of the terms and conditions in the Agreement. If
you do not agree to, or cannot comply with, all of these terms and conditions,
you must not visit the Sites or use the Service. If you wish to become a
PEERSPIN Member, communicate with other Members, and use the Service, please
follow the instructions on our Sign-Up Page.
From time to time, we may modify the terms and
conditions of the Agreement without prior notice. If we do so, we will post the
amended Agreement on the Sites. It is your responsibility to review the
Agreement for any changes. If you do not agree to, or cannot comply with, the
Agreement as amended, you must stop using the Service. If you continue to use
the Service after any amendments are posted, you will be deemed to have accepted
the Agreement as amended.
PARENTAL ADVISORY
IF YOU ARE BETWEEN 13 AND 17 YEARS OF AGE, PLEASE
REVIEW THIS AGREEMENT WITH YOUR PARENTS OR GUARDIANS. YOU MUST BE AT LEAST 13
YEARS OLD TO USE PEERSPIN.COM. BECAUSE THE SERVICE MAY PROVIDE ACCESS TO CONTENT
THAT CONTAINS EXPLICIT MATERIAL (SUCH AS STRONG LANGUAGE OR DEPICTIONS OF SEX,
VIOLENCE, OR SUBSTANCE ABUSE), PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGED
13 TO 17. THIS AGREEMENT INCLUDES WARRANTY AND LIABILITY DISCLAIMERS. BY USING
THE SERVICE, YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT
WITHOUT MODIFICATION, ADDITION, OR DELETION. IF YOU DO NOT OR CANNOT AGREE TO
ALL OF THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE. IN THE EVENT OF
ANY NONCOMPLIANCE WITH THIS AGREEMENT, PEERSPIN MAY DENY ACCESS TO THE SERVICE
AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT, UNTIL
YOU ARE 18 YEARS OF AGE, YOU USE THE SERVICE AT THE DISCRETION OF YOUR
PARENTS/GUARDIANS. YOU AGREE TO PROVIDE YOUR PARENTS/GUARDIANS WITH YOUR CURRENT
PEERSPIN PASSWORD(S) AND REGISTRATION E-MAIL ADDRESS, FOR PARENTAL VERIFICATION
PURPOSES. THEY MAY ASK US TO MODIFY OR DENY ACCESS TO YOUR ACCOUNT AND WE MAY DO
SO AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY.
1. Eligibility
You represent and warrant that you are at least 13
years old and that all registration and profile information that you submit to
PEERSPIN is truthful and accurate. You agree to update such account information
as necessary to keep it accurate. If you misrepresent your age, we may terminate
your PEERSPIN account at any time without warning, and without liability. You
are solely responsible for maintaining the security and confidentiality of your
password and other Member account information. You agree not to permit others to
use your password or other Member account information, and you agree to notify
PEERSPIN immediately of any unauthorized use of that information. PEERSPIN will
not be responsible for any loss or damage arising out of the unauthorized use of
your password or other Member account information; and you agree to indemnify
and hold harmless PEERSPIN, its officers, directors, agents, employees,
subsidiaries, and affiliates for any unauthorized, improper, or illegal use of
that information. You, and not PEERSPIN, are solely responsible for all Content
(defined below) published, distributed, or displayed through your account,
including without limitation any e-mail messages, posts, internal or externally
embedded "widget" code, or tags, and for your interactions with other Members or
users. You further represent and warrant that your use of the Service will not
violate any applicable law or regulation.
2. Term
This Agreement shall remain in full force and effect
while you use the Service and/or are a Member. In the event that membership is
terminated, all provisions of this Agreement which must survive in order to give
effect to their meaning, including without limitation all of your
representations, warranties, and indemnification obligations, shall survive. By
using the Service and/or becoming a Member, you acknowledge that PEERSPIN has
the right to charge for the Service and terminate your membership should you
violate this Agreement or fail to pay for the Service as required. If your
Service membership is terminated because you have violated this Agreement, you
shall not be entitled to a refund of any unused portion of subscription fees,
should any exist.
3. Non-commercial use only
The Service is for the personal use of individual
Members only and may not be used in connection with any commercial endeavor,
except those that are specifically approved or endorsed in writing by PEERSPIN's
management. Organizations, companies, and/or businesses may not become Members
and should not use the Service for any purpose. Passwords, Member or user names,
photographs, links, and any other Content may not be transferred or copied from
the Service for use with any other product or service. Any use of the Service
that is illegal, unlawful, or that violates the letter or spirit of this
Agreement or any other posted PEERSPIN policies, guidelines, or notices -
including without limitation collecting or harvesting Member or user names
and/or e-mail addresses by electronic or other means for the purpose of sending
unsolicited e-mail or unauthorized framing of or linking to the Sites - may be
investigated and may result in PEERSPIN suspending or terminating your account,
refusing any and all current or future use of the Service (or any portion
thereof), and taking appropriate legal action, including without limitation
criminal, civil, and injunctive redress. Commercial advertisements, affiliate
links, and other types of solicitations may be deleted from Member pages without
notice, and may result in loss of PEERSPIN Membership privileges. PEERSPIN
reserves all right, title, and interest in the Service not expressly granted
under this Agreement to the fullest extent possible; and any use of the Service
not specifically permitted under this Agreement is prohibited.
4. Use of content
A. The Service enables you to
upload, archive, post, publish, e-mail, or otherwise transmit to PEERSPIN.com
("Upload") Web pages, text, code, software, music, sound, photographs, graphics,
video, messages, tags, and other information, data, or material ("Content").
You, and not PEERSPIN, are solely responsible for all Content that you Upload
to, or transmit using PEERSPIN.com public archives, blogs, message boards,
messaging services, mobile transmission, classified ads, Member profiles, search
results, categories, groups, or any other part of the Service.
B. In connection with Content
that you Upload to PEERSPIN.com you represent and warrant that: (1) you
own, or have the necessary licenses, consents, permissions, and rights to use
and to authorize PEERSPIN to use, all copyright, trademark, patent, trade
secret, and other proprietary rights in and to all such Content, in order to
permit inclusion and use of the Content as contemplated by the Service and this
Agreement; and (2) you have the written consent, release, and/or
permission of every person identifiable in the Content to use their name and
likeness, in order to permit inclusion and use of the Content as contemplated by
the Service and this Agreement.
C. You retain all of your
ownership rights in Content that you Upload to PEERSPIN.com. However, by
Uploading the Content to PEERSPIN.com, you hereby grant to PEERSPIN a worldwide,
non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, fully
sublicensable (through multiple tiers), and transferable license to copy,
distribute, prepare derivative works of, adapt, publicly perform, publicly
display, and use the Uploaded Content in connection with the Service and
PEERSPIN's business, including without limitation promotion and redistribution
of the Service and derivative works thereof, through any media channel and in
any media format known now or in the future. In addition, you hereby grant to
each PEERSPIN.com Member or user a non-exclusive license to access the Uploaded
Content through the Service, and to reproduce, distribute, prepare derivative
works of, adapt, publicly perform, publicly display, and use such Content as
permitted through the Service functionality and under this Agreement. These
licenses will terminate when you remove the Uploaded Content from the Service.
All tags and comments associated with Content - whether associated by you, the
Service, other Members or users, or anyone else - become PEERSPIN's property;
but PEERSPIN will grant you a perpetual right to use such tags and comments for
personal, noncommercial purposes.
D. In using the Service, you may
access and be exposed to Content Uploaded by others that is inaccurate,
incomplete, indecent, offensive, or otherwise objectionable. Uploaded Content is
the sole responsibility of the person who Uploaded it. You will not hold
PEERSPIN responsible for the actions or inactions of Members or users, including
without limitation any Uploaded Content. PEERSPIN does not make any
representation or warranty about the accuracy, integrity, quality, or any other
aspect of Content posted on the Sites or in connection with the Service.
PEERSPIN expressly disclaims all liability for any loss or damage incurred as a
result of the use of such Content. By using the Service, you agree to bear all
risks associated with any use of any Content posted on the Sites or in
connection with the Service and any reliance on the accuracy, completeness, or
usefulness of such Content. Any opinions, statements, advice, offers, services,
or other information or material expressed or made available in or through
Uploaded Content are those of the respective author(s) of such Content and not
of PEERSPIN.
E. PEERSPIN does not pre-screen,
edit, or review Content Uploaded to PEERSPIN.com archives or publicly-available
areas of the Service. If PEERSPIN is notified by a user, Member, or Content
owner of Content posted on the Sites or in connection with the Service that
allegedly does not conform to this Agreement, PEERSPIN may investigate the
allegation and determine in good faith, in PEERSPIN's sole discretion, whether
to remove or block access to such Content. PEERSPIN has the right (but not the
obligation), in its sole discretion, to remove, relocate, change from public to
private, or otherwise block or restrict any Uploaded Content at any time, with
or without notice, and without liability.
F. You acknowledge and agree that
PEERSPIN may access, preserve, and disclose your account information and Content
if required by law or in a good faith belief that it is reasonably necessary in
order to: (1) comply with legal process; (2) enforce the
Agreement; (3) respond to claims that any Content violates the rights of
Members, users, or third-parties; (4) respond to your requests for
customer service; or (5) protect the rights, property, or personal safety
of PEERSPIN, its Members or users, and the public.
5. Copyright Policy
A. PEERSPIN does not condone or
tolerate activities and actions that breach the rights of copyright owners. As
explained in more detail below, our policy is to respond to written
notifications of claimed infringement that comply with the Digital Millennium
Copyright Act ("DMCA"). Upon receiving such notification, we may remove or block
access to Content that we believe in good faith is copyrighted material that has
been illegally copied, distributed, or otherwise exploited. We also may
terminate or suspend access to the Service, and remove all Content Uploaded by,
anyone found to be a repeat infringer. Upon removing or blocking access to
Content in response to a DMCA notification, we will make a good-faith attempt to
contact the owner/author/administrator of each affected Web page so that they
may send us a DMCA counter notification.
B. Infringement notification. If
you are a copyright owner (or the copyright owner's agent) and you believe that
any Uploaded Content infringes your copyright, you may submit a written
notification to our Copyright Agent. To expedite the processing of the
notification, please submit it in the following format, including section
numbers:
(1) Identify in adequate detail
the copyrighted work (e.g., lines of text, music, photo, artwork, etc.) that you
believe has been infringed.
(2) Identify in adequate detail
the Content that you believe is infringing the copyrighted work listed in
Section (1) above. Describe the allegedly infringing Content and include
sufficiently detailed information on its location, so that we can find it and
verify that it exists. You must identify each search result that links directly
to a Web page containing the allegedly infringing content; in other words,
provide the search query that you used, and the URL for each allegedly
infringing search result.
(3) Provide information
reasonably sufficient for us to contact you, including your address, telephone
number, and, if available, your e-mail address.
(4) If possible, provide
information reasonably sufficient for us to contact the provider of the
allegedly infringing content or the owner, author, or administrator of the Web
page containing such Content. We would prefer their e-mail address, if
available.
(5) Include this statement: "I
have a good faith belief that use of the copyrighted material described above on
the allegedly infringing Web page(s) is not authorized by the copyright owner,
its agent, or the law."
(6) Include this statement: "I
swear, under penalty of perjury, that the information in this notification is
accurate and that I am the copyright owner or am authorized to act on behalf of
the copyright owner to make this complaint."
(7) Sign the notification, and
then send it to our Designated Agent (contact information below).
Once our Designated Agent has received a written,
DMCA-compliant notification, our policy is to remove or block access to the
allegedly infringing Content and make a reasonable attempt to promptly notify
the Content provider or the owner/author/administrator of the Web page
containing such Content, that we have done so. In addition, we reserve the right
to terminate or suspend access to the Service, and to remove all Content
Uploaded, by anyone found to be a repeat infringer.
You acknowledge that failure to comply with all
requirements of this section of the Agreement may invalidate your notification.
For more details, see the DMCA, 17 U.S.C. 512(c)(3).
C. Counter notification. If the
affected Content provider or the owner, author, or administrator of the affected
Web site believes that removed or blocked Content is not infringing, or believes
that it has the right (from the copyright owner or its agent, or pursuant to
law) to Upload, post, and use such Content, then the affected party must send us
a written, DMCA counter notification. To expedite the processing of the counter
notification, please submit it in the following format, including section
numbers:
(1) Identify in adequate detail
the removed/blocked Content and the location at which it appeared before it was
removed or access to it was blocked.
(2) Provide your name, address,
telephone number, e-mail address (if available), a statement that you consent to
the jurisdiction of Federal District Court for the judicial district in which
your address is located (or Los Angeles County, California if your address is
outside of the United States), and a statement that you will accept service of
process from the person who sent PEERSPIN notification of the claimed
infringement, or from an agent of that person.
(3) Include this statement: "I
swear, under penalty of perjury, that I have a good faith belief that each
search result or item identified above was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled."
(4) Sign the counter
notification, and then send it to our Designated Agent.
You acknowledge that failure to comply with all
requirements of this section of the Agreement may invalidate your counter
notification.
If our Designated Agent receives a counter
notification, our policy is to send a copy of it to the original complaining
party, informing such party that we will restore the removed Content or cease
blocking access to it, 10 business days from our receipt of the counter
notification. Unless we receive notice from the original complaining party that
it has filed an action seeking a court order against the Content provider or
Uploading Member (to restrain them from engaging in infringing activity relating
to the Content on the Service), the removed Content may be replaced or access to
it restored within 10 to 14 business days after our receipt of the counter
notification, at our discretion. For more details, see the DMCA, 17 U.S.C.
512(g)(2) and (3).
D. Designated agent to receive
notifications of claimed infringement. PEERSPIN's Designated Agent for claims of
copyright (or other intellectual property) infringement can be reached as
follows:
Designated Agent for Infringement Notices
infringements@PEERSPIN.com
By fax: (801) 681-0642
Notifications can only be sent to us by e-mail with
our prior agreement. Please also note that, for security reasons, we generally
cannot accept attachments. Any notification of infringement that is submitted
electronically with an attachment may not be received or processed. A faxed
notification usually will generate the quickest response.
Please only send notifications of claimed
infringement to the Designated Agent. Any other comments, feedback, technical
support requests, or communications should be directed to PEERSPIN Customer
Service at support@PEERSPIN.com.
6. Code of Conduct
You agree that you will not, and it shall be a
violation of this Agreement to:
A. Upload, copy, distribute,
share, sell, create derivative works of, or otherwise alter or use any Content,
in whole or in part, for any purpose whatsoever except as expressly authorized
in this Agreement; and to do so in any manner exceeding the scope of your rights
to use such Content (e.g., license rights associated with premium content or
subscription-based materials), without permission from the Content owner, or
otherwise in violation of another person's rights to such Content.
B. Upload, copy, distribute,
share, or otherwise use Content that is unlawful, obscene, defamatory, libelous,
harmful, offensive or hateful on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability, harassing, degrading,
pornographic, threatening, intimidating, abusive, that would violate another
person's rights, constitute or encourage a criminal offense, give rise to civil
liability, or violate any local, state, national, or international law or
regulation, or that is otherwise inappropriate.
C. Upload, copy, distribute,
share, or otherwise use Content that constitutes advertising or promotional
material, if posted in areas of PEERSPIN.com which are not designated for such
purposes (e.g., not in the classified ads), or if "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of unsolicited or unauthorized
commercial communication, or that constitutes or generates unauthorized banner
ads, pop-ups, pop-unders, and interstitials. To protect our Members from such
advertising or solicitation, PEERSPIN reserves the right to (among other things)
restrict the number of e-mails that a Member may send to other Members in any
24-hour period, to a number that PEERSPIN deems appropriate in its sole
discretion. If you violate this Agreement and transmit unsolicited bulk e-mail,
instant messages, or any other unsolicited communications through the Service,
you acknowledge that you will have caused PEERSPIN substantial harm, but that
the amount of the harm would be extremely difficult to determine. Accordingly,
as a reasonable estimation of such harm, you agree to pay PEERSPIN fifty dollars
(US$50.00) for each such unsolicited e-mail or other communication that you
transmit through the Service.
D. Upload, copy, distribute,
share, or otherwise use Content that contains or embodies software viruses,
worms, Trojan horses, bugs, or any other malicious computer code that is
designed to interrupt, undermine, destroy, or limit the functionality of any
computer software, hardware, or telecommunications equipment, or that is
designed to perform functions on any software, hardware, or equipment without
the owner's express consent.
E. Upload, copy, distribute,
share, or otherwise use Content that violates the Fair Housing Act by stating,
in any ad or notice for the sale or rental of any dwelling, a discriminatory
preference based on race, color, national origin, religion, sex, familial
status, or handicap (or violates any state or local law prohibiting
discrimination on the basis of these or other characteristics).
F. Upload, copy, distribute,
share, or otherwise use Content that is false, deceptive, misleading, deceitful,
misinformative, or constitutes "bait and switch".
G. Upload, copy, distribute,
share, or otherwise use Content that advertises any illegal service or the sale
of any items the sale of which is prohibited or restricted by any applicable
law, including without limitation items the sale of which is prohibited or
regulated by California law. Many laws, policies, and regulations in various
jurisdictions regulate the purchase and sale of goods and services. You are
encouraged to research the applicable laws and regulations that may apply to
your transaction. For your convenience, here is a partial list, for illustrative
purposes only, of some categories of prohibited and restricted items, the
purchase and sale of which are forbidden on PEERSPIN:
(1) Child pornography or obscene
material;
(2) Alcohol or tobacco products;
(3) Controlled substances or
illegal drugs, substances and items used to manufacture controlled substances
and drug paraphernalia;
(4) Prescription drugs and
medical devices, such as prescription or contact lenses, hearing aids,
defibrillators, or hypodermic needles;
(5) Nonprescription drugs that
make false or misleading treatment claims or treatment claims that require FDA
approval;
(6) Weapons and related items,
including firearms, ammunition, silencers, sniper scopes, large capacity
magazines, disguised, undetectable or switchblade knives, martial arts weapons,
BB guns, stun guns, or tear gas;
(7) Fireworks, including "safe
and sane" fireworks or any destructive explosives or devices;
(8) Blood, bodily fluids, or body
parts;
(9) Animals and animal parts,
including the retail sales of dogs and cats;
(10) Restricted or regulated
plants and insects, such as noxious weeds, endangered plant species, or live
insects or pests;
(11) Pesticides or hazardous
substances, or items containing hazardous substances such as contaminated toys,
or arts or crafts materials containing toxic substances without a warning label;
(12) Illegal telecommunications
equipment, such as cable or satellite descramblers, password sniffers, access
cards, access card programmers and unloopers;
(13) Stolen property or personal
property with the serial number altered or removed;
(14) Burglary tools, such as
lock-picks or motor vehicle master keys;
(15) False identification cards,
citizenship documents, birth certificates, or items with police insignia;
(16) Counterfeit currency,
stamps, and coins, and equipment designed to produce them;
(17) Counterfeit or "knock-off"
brand name goods;
(18) Material that infringes
copyright, such as "warez" or bootlegs (without artist consent);
(19) Airline tickets that
restrict transfer;
(20) Gambling items, such as
lottery tickets, raffle tickets, sweepstakes entries, slot machines, or sports
trading card 'grab bags';
(21) Used or rebuilt batteries,
or batteries containing mercury;
(22) Used bedding and clothing,
unless sanitized as required by law;
(23) Non-packaged food items or
adulterated food;
(24) Bulk e-mail or mailing lists
that contain names, e-mails, phone numbers, addresses, or other personal
identifying information.
H. Include in your Member profile
any telephone number, street address, last name, URL, or e-mail address.
I. Disclose your password or
transfer your account to any third party, or allow any third party to access
your account.
J. Impersonate any person or
entity, including without limitation PEERSPIN officials, staff, and/or Members.
K. Upload, copy, distribute,
share, or otherwise use Content that includes personal or identifying
information about another person without that person's explicit consent.
L. Access the Service by any
means other than through the interface provided by PEERSPIN for use in accessing
the Service. This includes not using or launching any automated system,
including without limitation any spider, robot (or "bot"), scraper, or offline
reader, that accesses the Service in a way that sends more request messages to
the PEERSPIN.com servers in a given time period than a human reasonably can
produce in the same time period using a conventional online Web browser; and not
using or launching any unauthorized script to add friends. Notwithstanding this,
PEERSPIN grants the operators of general purpose Internet search engines
permission to use spiders to copy Content from the Sites for the sole purpose of
creating publicly available, searchable indices of such Content, but not caches
or archives of such Content. ("General purpose Internet search engine" does not
include a web site or search engine or other service that specializes in
classified listings or in any subset thereof, such as jobs, housing, for sale,
services, or personals, or that is in the business of providing classified ad
listing services.) PEERSPIN reserves the right to revoke these exceptions, in
general or specific instances.
M. Interfere with or disrupt the
Service or servers or networks connected to the Service, make the Service
available over a network (other than PEERSPIN's network) where it could be used
by others, or disobey any requirements, procedures, policies, or regulations of
networks connected to the Service.
N. Use the Service to
artificially generate traffic or page links to a Web site or for any other
purpose not intended for personal, noncommercial use of the Service.
O. Cover or obscure any banner or
other advertisements on any PEERSPIN.com page via HTML/CSS or other means.
P. Collect, harvest, or store any
personally identifiable information, including Member account information, from
the Service.
Q. Translate, reverse engineer,
decompile, disassemble, modify, or create derivative works based on the Service,
in whole or in part.
R. Circumvent, disable, violate,
or otherwise interfere with any security related feature of the Service, or any
technology or feature that restricts or prevents copying or use of Content or
that enforces limitations on use of the Service or Content.
S. Rent, lease, sublicense,
transfer, sell, trade, resell, or exploit for any commercial purposes, any
portion of the Service (including without limitation your account information),
use of the Service, or access to the Service.
T. Use the Service to harass or
"stalk" anyone.
U. Upload Content that exploits
anyone under the age of 18 in a sexual or violent manner, or that solicits
personally identifiable information from anyone under the age of 18.
V. Use the Service in any way to
provide material support or resources (or to conceal or disguise the source,
location, nature, or ownership of material support or resources) to any
organization designated by the U.S. government as a foreign terrorist
organization under section 219 of the Immigration and Nationality Act, 8 U.S.C.
1189.
W. Use the Service in any way
that violates the terms of this Agreement, or that aids, encourages, or purports
to authorize anyone else to violate the terms of this Agreement.
X. Use the Service in any way
that intentionally or unintentionally violates any applicable local, state,
national, or international law or regulation.
7. Proprietary rights in content on PEERSPIN.com
You acknowledge and agree that the Service uses and
contains proprietary and confidential technology and information owned by or
licensed to PEERSPIN, and protected by applicable intellectual property and
other laws and international treaties. You are not granted any right or license
with respect to the trademarks of PEERSPIN or any third party. You further
acknowledge and agree that Content contained in sponsor advertisements or
displayed, streamed, or otherwise made available through the Service may be
protected by applicable intellectual property and other laws and international
treaties, as well as terms and conditions imposed by third-party licensors in
connection with their Content made available on or through the Service.
8. Member disputes
You are solely responsible for your interaction with
other PEERSPIN.com Members or users, whether online or offline. PEERSPIN
reserves the right, but has no obligation, to monitor or become involved in
disputes between you and other Members or users. If you have a dispute with one
or more Members or users, you release PEERSPIN (and our officers, directors,
agents, employees, subsidiaries, and affiliates) from claims, demands, and
damages (actual and consequential) of every kind and nature, known and unknown,
arising out of or in any way connected with such dispute. If you are a
California resident, you waive California Civil Code Section 1542, which says:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor."
9. Privacy
As explained herein, use of the Sites and Service is
also governed by our Privacy Policy.
10. Disclaimers
A. The Service (including any
software contained therein) is provided "AS-IS." Any use of the Service is at
your own risk. To the maximum extent permitted by applicable law, PEERSPIN
expressly disclaims all warranties, whether express or implied, including
without limitation implied warranties of merchantability, fitness for a
particular purpose, non-infringement, and title. PEERSPIN makes no
representation or guarantee that the Service will be free from loss, damage,
destruction, corruption, interference, viruses, worms, bugs, Trojan horses,
attacks, hacking, or other security breaches; and PEERSPIN disclaims any
liability relating thereto. PEERSPIN cannot guarantee and does not promise any
specific results from use of the Service or Internet. You are solely responsible
for creating and maintaining your own personal backup of any of your Content
Uploaded to PEERSPIN.com.
B. The Service may be unavailable
from time to time for maintenance or other reasons. Under no circumstances shall
PEERSPIN be held liable for any error, omission, interruption, deletion, loss,
corruption, defect, delay, theft, destruction, unauthorized access to, or
alteration of communications, or any other delay or failure in performance.
Without limiting the foregoing, PEERSPIN shall not be held liable for any
problem, technical malfunction, or failure of the Internet or any
telecommunications equipment, network, or line, computer online system, server
or provider, computer or other equipment, e-mail, media player, or other
software or hardware - whether resulting from technical problems, traffic
congestion on the Internet or at any Web site or combination thereof, or any
other reason. PEERSPIN shall not be held liable for any delay or failure in
performance resulting directly or indirectly from acts of nature, forces, or
causes beyond PEERSPIN's reasonable control, including without limitation other
equipment failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heating, lighting, or air conditioning. PEERSPIN
shall not be held liable for any loss, damage, injury, or death of any person,
or any loss or damage to any computer or other equipment, resulting directly or
indirectly from participation in the Service, from accessing or using Content or
other materials in connection with the Service, and/or from any other reason set
forth herein. Without prior notice, PEERSPIN may modify, suspend, or discontinue
any part of the Service (including any Content) or your use of them; and in the
event PEERSPIN does so, it will not be liable to you or any third party.
C. You acknowledge that your
Uploading of any Content to PEERSPIN.com or is done at your own risk. PEERSPIN
shall not be held liable for any loss, damage, or injury relating to such
Content in any way. PEERSPIN shall not be held liable for any incorrect or
inaccurate Content posted on the Sites or in connection with the Service,
whether caused by users, Members, or any equipment or programming associated
with or used in the Service. Any financial Content displayed on or available
through the Service is for your own personal, non-professional use. It should
not be considered investment advice. Always seek the advice of a professional
financial advisor when making decisions about your investment strategy. PEERSPIN
shall not be held liable for the conduct of any Member or user. Your
interactions with Members, other individuals, and/or organizations found on or
through the Service, including payment and delivery of goods or services, and
any other terms, conditions, warranties, or representations associated with such
dealings, are solely between you and such Members, individuals, and/or
organizations. You should make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline transaction with any of
these third parties. Under no circumstances shall PEERSPIN be held liable for
any loss, damage, or injury, including without limitation personal injury or
death, resulting from any use of the Service, any Content posted on the Service
or transmitted to Members, or any interaction or dealings between Members or
users, whether online or offline.
D. Some of the Content, products,
and services available through the Service may include materials belonging to
third parties. PEERSPIN or its partners may present advertisements or
promotional content on or through the Service. PEERSPIN has no control over and
does not warrant, endorse, guarantee, or assume liability for any Content,
product, or service that is advertised, promoted, or offered by a third party
through the Service or any hyperlinked Web site, or featured in any banner or
other advertising. Your dealings with, or participation in promotions of, any
third-party advertiser on or through the Service are solely between you and the
third party. You agree that PEERSPIN shall not be held liable, directly or
indirectly, for any loss, damage, or injury of any kind incurred as a result of
any such dealings or the presence of such third parties on the Service. As when
dealing with any product or service provider, you should use your best judgment
and exercise caution as appropriate.
E. The Service may present links
to third-party Web sites that are not owned or operated by PEERSPIN. PEERSPIN
shall not be held liable for the availability of such third-party Web sites or
their contents. You agree that PEERSPIN shall not be held liable in any way for
any loss, damage, or injury caused by or in connection with your use or reliance
on contents, goods, or services available through any such third-party Web site.
F. PEERSPIN reserves the right,
in its sole discretion, to modify, delete, or otherwise change a Member's
username and URL address, with or without notice, at any time, and without
liability. PEERSPIN reserves the right to use profile pictures, user names,
and/or URL addresses of Members on the Sites, including without limitation our
Sign-Up page, and in connection with advertisements and promotions.
11. Limitation on liability
IN NO EVENT SHALL PEERSPIN BE LIABLE TO YOU OR ANY
THIRD PERSON FOR ANY INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOSS OF REVENUE OR INCOME, BUSINESS INTERRUPTION, CORRUPTION OF DATA, PERSONAL
INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR ANY OTHER TANGIBLE OR
INTANGIBLE LOSS ARISING FROM YOUR USE OF THE SITES OR SERVICE, EVEN IF PEERSPIN
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEERSPIN OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; AND
NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH ADVICE OR INFORMATION. YOU
SPECIFICALLY ACKNOWLEDGE THAT PEERSPIN SHALL NOT BE LIABLE FOR CONTENT UPLOADED
BY MEMBERS OR USERS, OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
MEMBER, USER, OR OTHER THIRD PARTY, AND YOU BEAR THE ENTIRE RISK OF DAMAGE OR
HARM FROM THE FOREGOING. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH PEERSPIN.COM, OR THE SERVICE OR ANY LINKS THEREON,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED
IN CONNECTION WITH PEERSPIN.COM, OR THE SERVICE OR ANY LINKS THEREON. SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR
EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO LIMITATIONS
AND EXCLUSIONS HEREIN MAY OR MAY NOT BE APPLICABLE TO YOU. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, PEERSPIN'S ENTIRE LIABILITY TO YOU
FOR ANY CAUSE OR ACTION WHATSOEVER, AND YOUR EXCLUSIVE REMEDY UNDER THIS
AGREEMENT, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
PEERSPIN FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
12. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PEERSPIN,
ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES FROM
ANY CLAIM, SUIT, ACTION, DEMAND, LOSS, AND DAMAGES, INCLUDING WITHOUT LIMITATION
ATTORNEYS' FEES, COSTS, AND EXPENSES, MADE OR INCURRED BY ANY THIRD PARTY
ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, ANY CONTENT THAT YOU
UPLOAD, YOUR USE OF CONTENT ACCESSED FROM THE SITES OR SERVICE, YOUR VIOLATION
OF THIS AGREEMENT, AND/OR YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS.
13. Disputes
By using the Service, you agree that the Service
shall be deemed solely based in Alabama, and the Sites shall be deemed a passive
Web site that does not give rise to personal jurisdiction over PEERSPIN, either
specific or general, in jurisdictions beyond Alabama. In the event there is any
dispute about or involving the Service, such dispute will be governed by the
laws of the State of Alabama without regard to its conflict of law principles.
You agree to personal jurisdiction by and venue in the state and federal courts
of the State of Alabama, City of Birmingham. The parties intend the forum choice
of Birmingham, Alabama to be mandatory and not permissive in nature.
14. Notices
PEERSPIN may provide you with notices, including
without limitation notices regarding changes to the Agreement, by e-mail,
regular mail, or postings on the Service. Unless the notice states otherwise, it
will become effective immediately.
15. United States export controls
To the extent that software used in connection with
the Service ("Software") is subject to U.S. export controls, it may not be
downloaded from the Service or otherwise exported or re-exported: (A)
into, or to a national or resident of, Cuba, Libya, North Korea, Iran, Syria, or
any other country to which the U.S. has embargoed goods; or (B) to anyone
on the U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders. By downloading or using the
Software, you represent and warrant that you are not located in, under the
control of, or a national or resident of, any such country or on any such list.
16. Miscellaneous
This Agreement (including all PEERSPIN policies,
guidelines, rules, and notices incorporated by reference herein) represents the
complete and exclusive statement of the agreement between PEERSPIN and you
regarding the use of the Sites or Service; and it supersedes any prior proposal,
oral or written agreement, and any other communications between PEERSPIN and you
relating to the subject matter of this Agreement. Any failure of PEERSPIN to
exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. If any provision of this
Agreement is held invalid by a court of competent jurisdiction, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the remainder of the Agreement
shall continue in full force and effect. No agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by this Agreement. Except as otherwise expressly provided in this Agreement,
there shall be no third-party beneficiaries to this Agreement. The section
titles in this Agreement are for convenience only and have no legal or
contractual effect. PEERSPIN is a trademark of PEERSPIN, Inc.
Contact us. If you have any
questions about this Terms of Service Agreement, please contact us at
support@PEERSPIN.com.