End User License Agreement

Updated: 18-January-2015

Terms of Use

This is a legally binding agreement between you and Peekintoo. Peekintoo is a mobile application whose service (the "Service") will be accessed by you and you agree to be bound by its terms of use ("Terms Of Use"). The Service is owned and controlled by Peekintoo P.C.C. ("Peekintoo"). The Peekintoo website and any Beta versions of this mobile App are also subject to these terms of use and privacy policy.

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 this App.

Please read these Terms carefully as your use of this App means you have accepted these Terms and agree to be bound by them. If you do not agree to these Terms you must immediately stop using this App and remove it from your Device. If you are a minor you must have your parent's or guardian's permission to use this App and your parent or guardian must agree to these Terms on your behalf.

Peekintoo reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of this App. Such modifications or additional terms and conditions will be effective immediately and incorporated into this Agreement found on the Peekintoo website. Your continued use of this App means that you accept and agree to be bound by the modified terms.

Peekintoo may, at any time, modify or discontinue (temporarily or permanently) distributing or updating this App. Peekintoo is not obligated to provide any support services for this App. Peekintoo shall not be liable to you or any third party for any such modification, suspension or discontinuance.

General Terms & Conditions

  1. By using this service you declare you are at least 13 years old.
  2. You agree to obey the law and to respect the intellectual property rights of others. You agree not to submit, display, perform or otherwise distribute any proprietary, copyrighted, trade secret, confidential or inappropriate information. You are solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your Device and the burden of proving that any content does not violate any laws or third party rights rests solely with you.
  3. The activity that occurs through your profile is your responsibility solely. By downloading the Peekintoo mobile App, a unique ID is created for your device. You agree you will not sell, transfer, license or assign your account, or any account rights. Peekintoo prohibits the creation of an account on a third party's behalf and you agree that you will not create an account for anyone other than yourself.
  4. Peekintoo will not tolerate any discriminatory, unlawful, infringing, hateful, pornographic, nude, violent or sexually suggestive videos posted by you, so you agree that you will not post any material containing this content via the Service.
  5. It is forbidden to use other users accounts that do not belong to you.
  6. In no event may this Service be used in a manner that:
    • a) harasses, abuses, threatens, defames or otherwise infringes or viliates the rights of Peekintoo or any other party;
    • b) is unlawful, fraudulent or deceptive;
    • c) transmits your or a third party's proprietary information;
    • d) attempts to introduce viruses or any other malicious computer code;
    • e) attempts to gain unauthorized access to Peekintoo's computer network or user accounts;
    • f) encourages conduct that would constitute a crime; or
    • g) viliates this Agreement.
  7. You must not post private, sensitive or confidential information via the Service.
  8. You must not bully, harass, abuse, defame, threaten, impersonate or intimidate people or entities via the Service,
  9. The information, video (called "Peek"), comments, links, hashtags, nicknames, likes, shares, requests and other content (e.g. location) or materials (collectively, "Content") that you submit, post or display on or via the Service remain your responsibility.
  10. Peekintoo will not accept any liability or responsibility for the content of any materials uploaded by you.
  11. You agree that Peekintoo is not responsible or liable for the accuracy and credibility of the Content available through this Service.
  12. By submitting Content through our Service, you are hereby granting us a license to all the related Intellectual Property rights while you retain all of your ownership rights. Specifically, you grant us a worldwide, non-exclusive, royalty-free, irrevocable, transferable and sublicensable license to use, reproduce, distribute, publish, modify and publicly display the submitted Content including without limitation the marketing and promotion of our Service or of our affiliates' or Partners' businesses, in any media format and through any media channel. You are also granting any user of Peekintoo the worldwide, non-exclusive, royalty-free, irrevocable right to view, comment and distribute the submitted Content through the Peekintoo Service under these Terms.
  13. You must not create accounts with the Service through unauthorized means, including but not limited to, the use of an automated device, script, bot, spider, crawler or scraper.
  14. Any attempt to restrict another user from accessing or using the Service is strictly forbidden.
  15. Peekintoo reserves the right to disable your account where appropriate if you infringe other people's intellectual property rights.
  16. Peekintoo reserves the right, in its sole discretion, to terminate this Agreement and/or demand that you remove this App from your Device for any reason Peekintoo may deem as right, including but not limited to, a complaint made to Peekintoo that you have violated a third party's intellectual property rights or that you have not used the Service for its intended purpose or for any other reason that Peekintoo may decide you have violated these Terms of Use.
  17. Should Peekintoo for any reason terminate your account, all licenses and other rights granted to you in these Terms of Use will immediately expire.
  18. Peekintoo reserves the right in its sole discretion to refuse access to anyone to use the Service at any time and for any reason whatsoever without prior notice.
  19. Peekintoo reserves the right if it deems necessary to remove, edit, block, and/or monitor Content or accounts containing Content that Peekintoo determines in its sole discretion that constitute a violation of these Terms of Use.
  20. Any crawling, scraping, caching or otherwise accessing any content on the Service via automated means (except as may be the result of standard search engine protocols or technologies used by a search engine with Peekintoo's expressed consent) is strictly prohibited.
  21. You agree that we may use and store the information/data/videos you provide to Peekintoo by using this Service. You also agree that we will collect and use information about your location as otherwise this Service will not be able to function properly. We will use the location information collected from your Device (e.g. GPS data, data from Network location services) in order to forward you Peek requests (i.e. requests for short video) concerning your current location and (exactly or broadly) positioning your anonymous Peek replies.
  22. You agree that If you select the "On Map" option (or any other similar option provided in the future) when you are recording a Peek (short video) then its exact location will be publicly available. The same option will also be available for editing your uploaded Peeks through your private timeline.
  23. You agree that If you select the "Off Map" option (or any other similar option provided in the future) when you are recording a Peek then only the city, district, region or country from which it was uploaded will be publicly available and not the exact location. The same option will also be available for editing your uploaded Peeks through your private timeline. Nevertheless, the Peek and its exact location submitted to our Service are stored in our servers. This service is based on geo-location information of its users and by accepting the Terms of Use you declare that you accept such use of your location information.
  24. You agree that if you upload any Peek using the "Off Map" option after a reasonable and short period of time, we will delete the exact location from our servers of that Peek and we will keep only its generic location (i.e. the city, district, region or country). You understand that after this period you will no longer have the option to publish the exact location of that Peek on your timeline.
  25. You acknowledge that if you do not provide the Service with access to your location, you will not be able to provide any Content to the service.
  26. You agree that If you select the "On Timeline" option (or any other similar option provided in the future) when you are recording a Peek then it will be publicly associated with your anonymous profile. This means that that particular Peek will appear in the Home feed of any other user that has selected to follow you (i.e. "Following" option). The same option will also be available for editing your uploaded Peeks through your private timeline.
  27. You agree that If you select the "Off Timeline" option (or any other similar option provided in the future) when you are recording a Peek then it will not be publicly associated with your anonymous profile. This also means that that particular Peek will not appear in the Home feed of any other user that has selected to follow you (i.e. "Following" option). The same option will also be available for editing your uploaded Peeks through your private timeline. You acknowledge that if you do not want to allow any user at all to have the option to follow your anonymous profile, then you should choose the "Off Timeline" option for any new Peek that you upload to this Service and all the Peeks that you have already uploaded and are accessible for editing through your private timeline.
  28. You acknowledge and agree that any Peek that you upload or any comment that you post to this Service is publicly available (through the explore functionality or the world Feed).
  29. You acknowledge that we collect very little information that could be used to identify you personally. You agree that Peekintoo is not responsible in any case if your anonymity is compromised due to any kind of analysis of the Content that you have submitted to the Service, even if you have selected this Content not to publicly appear in your timeline.
  30. You agree that the stored information may not be deleted from our Service, even if it is stated that it expires (e.g. short video called "Peek") after a certain period. Peek expiration means that it is no longer publicly available for the rest of the Peekintoo users but may remain stored in our servers.
  31. You understand that when you use our Service, you will be exposed to content which may be inappropriate or offensive. You agree that Peekintoo is not responsible for any inappropriate Content posted within the Service and does not endorse it. Peekintoo does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  32. You acknowledge and agree that your relationship with Peekintoo is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Peekintoo in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Peekintoo, and Peekintoo will not be liable for any use or disclosure of any Content you provide.
  33. You agree that it is forbidden to access our Service in order to build a competitive product or service or to reverse engineer any part of it.
  34. You agree that it is forbidden to attempt in any way to breach the security of our Service or try to gain unauthorized access to any part of our Service.
  35. You agree that we may be required to disclose information that could be used to identify you once we receive valid Law Enforcement Requests or in life-threatening emergencies. You also agree that we may monitor Content that you submit to our Service and where deemed appropriate to take proactive steps, including without limitation the notification of the appropriate authorities.
  36. You acknowledge and agree that Peekintoo may use and disclose certain data to third parties for technical reasons. This includes but not limited to the use of third party cloud-based services for enabling the Peekintoo Service but also third party mobile analytics software for monitoring and improving the performance of the Service.
  37. You acknowledge and agree that Peekintoo uses third-party cloud-based services for offering backend functionalities and because of that any Content that you may submit to this Service might be stored and processed in servers that are situated outside your Country of residence.
  38. You acknowledge and agree that we may also partner with universities or other research institutions in order to use data related to the Service in anonymous, controlled research studies.

Feedback

We invite you to submit any questions, comments or concerns. By submitting any feedback, you understand that Peekintoo shall be free to use this feedback on an unrestricted basis without any compensation to you. Please send your feedback to: info@peekintoo.com

Third Party Services

Peekintoo is in no way responsible or liable for any third party services, features or any of their content. Your business dealings or any correspondence whatsoever with third parties found or made through the Service, remain solely between you and the third party, and Peekintoo bears no responsibility for the functionality of these third party services or your interactions. For certain third party services you will be required to login to your account using the third party service and you will do so at your own risk. It is clear that Peekintoo does not have any control over these third party services whether you have to login or not, and by accepting these Terms of Use, you acknowledge, understand and agree to the above.

Disclaimer of Warranties

BY USING THIS APP YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD Peekintoo, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THIS APP OR ANY ACTION TAKEN BY Peekintoo AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM Peekintoo, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REFUSE TO PROCESS ANY INFORMATION YOU PROVIDE TO Peekintoo, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THIS APP OR TO TAKE ANY OTHER ACTION. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (AND ANY MISUSES) THAT OCCUR UNDER OR THAT ORIGINATE FROM YOUR DEVICE WHILE USING THIS APP.

Limitation of Liability; Waiver and Indemnity

THIS APP MAY BE UNDER CONTINUOUS DEVELOPMENT BY Peekintoo AND SOMETIMES BUGS MAY BE PRESENT. AS SUCH, ANY USE OF THIS APP IS PROVIDED "AS-IS" AND AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Peekintoo DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO THE Peekintoo PRODUCT AND ANY COMPONENT THEREOF, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. Peekintoo DOES NOT WARRANT THAT THE OPERATION OF THIS APP IS INTERRUPTION OR DEFECT FREE.

EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, CONDITIONS OR PROMISES ABOUT THIS APP, EXPRESSED OR IMPLIED, AND ALL SUCH WARRANTIES, CONDITIONS AND PROMISES ARE EXCLUDED TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITATION TO THE FOREGOING:

  1. Peekintoo DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THIS APP WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Peekintoo MAY REMOVE THIS APP FOR INDEFINITE PERIODS OF TIME, OR CANCEL THIS APP AT ANY TIME, WITHOUT NOTICE TO YOU;
  2. Peekintoo DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THIS APP WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Peekintoo DISCLAIMS ANY LIABILITY RELATING THERETO.

IN NO CASE WILL Peekintoo, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY Peekintoo, ITS EMPLOYEES OR AGENTS.

Peekintoo WILL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THIS APP, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND Peekintoo HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Peekintoo AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF Peekintoo OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Peekintoo AND YOU. Peekintoo WOULD NOT HAVE PROVIDED THIS APP TO YOU FOR FREE WITHOUT SUCH LIMITATIONS.

YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DATA, AIRTIME OR OTHER FEES ASSOCIATED WITH THE TRANSMITTAL OF INFORMATION AND THE USE OF YOUR DEVICE.

Arbitration

You and Peekintoo agree that any claim or dispute at law or equity that has arisen or may arise with regard to your relationship with Peekintoo, including but not limited to disputes related to the Terms of Use, the Services, and/or rights of privacy and/or publicity will be resolved exclusively through final and binding arbitration in accordance with the provisions of the International Chamber of Commerce, rather than in court, except that you may bring your claim in small claims court, if your claims qualify. You may bring claims against Peekintoo only on an individual basis. You and Peekintoo will not participate in a class or representative action or proceedings or class-wide arbitration for any claims covered by the Terms of Use. Furthermore, the Arbitrator may award relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief for the individual claim(s). Any relief awarded cannot affect other Peekintoo users.

You can choose to reject this agreement to arbitrate ("opt-out") by mailing us a written opt-out notice ("opt-out notice"). If you do so, neither you nor Peekintoo can require the other to participate in an arbitration proceeding. To opt out, you must notify Peekintoo in writing within 30 days of the date that you accept the Terms of Use for the first time. The address you must use is the following: Lagada 7, Str., Agia Paraskevi, 15343, Attiki, Greece.

You must include the following in your opt-out notice: your name and residence address, an email address and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties as stated above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement as set out in these Terms of Use survives the termination of your relationship with Peekintoo.

Time Limitation on Claims

You agree that any claim or dispute that has arisen or may arise with regard to your relationship with Peekintoo must be filed within one (1) year from the date that such claim arose, otherwise your claim is permanently barred.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of Greece, without regard to its conflict-of-law provisions.

If any provision set out in these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Peekintoo's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Peekintoo reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Peekintoo.