Changes To The Site/Updates/Terms
Peer39 reserves the right, at its sole discretion, to make changes to the Website, Services and these Terms at any time and will post notice of any material changes in these terms. Your access or use of the Website or Service subsequent to such a change will signify Your assent to be bound by such changes.
Restrictions on Use of the Peer39 Website and Services
In order to use the Platform You are required to be a registered user. In order to become a registered user (the “Registered User”) You represent, warrant and covenant that You provided Peer39 with accurate, truthful, and complete registration information (including, but not limited to Your name, the name of the agency, advertiser or publisher You represent (Your “Company”), domain name of Your Company and Your e-mail address. Peer39 may require You to sign additional agreements or forms in order to become a Registered User. Furthermore, Peer39 has no obligation to accept applications to become a Registered User. Upon acceptance of Your application You will be assigned with a user name and password that will allow You to access the Platform (“User Name” and “Password”, respectively) and will become a Registered User. It is Your obligation to keep Your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of Your User Name and Account (as defined below). You agree that You will not share Your Password and User Name with any third party except as otherwise set forth in these Terms.
2. Registration on Behalf of a Company.
If You are registering on behalf of Your Company, You represent that You are authorized to enter into, and bind the entity to, these Terms and register for the Platform. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to Your Company and the right to access the Platform is revoked where these Terms or use of the Platform is prohibited.
3. Account Set Up.
As a Registered User You may use Your Peer39 account for the sole purpose of accessing and using the Platform and Services (the “Account”). By using an Account You represent, warrant and covenant that You provide Peer39 with accurate, truthful and complete account information, and that the Account shall only be used for legitimate advertising campaigns. If You add other users to Your account, (i) such users shall only be authorized users on behalf of Your company, or Your respective client, and (ii) You shall be solely liable for their activity in the Account, and shall ensure such activity is in compliance with these Terms.
You are solely responsible and liable for activity that occurs by using Your User Name and/or Account and shall be responsible for maintaining the confidentiality of Your Password. You will immediately notify Peer39 in writing of any change in authorization, any unauthorized use of Your Account or User Name, or other account related security breach of which You are aware.
5. Limited Rights.
Upon becoming a Registered User, Peer39 grants You, and You accept, a non-exclusive, non-transferable (except as expressly provided herein) and limited right to access and use the Platform for the sole purpose of using the Platform and Services. You may exercise the right granted in this Section through Your own Account on a limited basis. Accordingly, except as expressly permitted by these Terms, You may not, directly or indirectly or through any other person or entity, use, rent, lease, sell, transfer (by sublicense, assignment or otherwise), time share, modify, reproduce, copy, make derivative works from, distribute, publish, use to provide service bureau services, or publicly display the Platform. Moreover, You may not reverse engineer, decompile, or otherwise attempt to discover the source code for the Platform. You may use the Services and Platform only for the purposes contemplated hereunder. All rights not specifically granted hereunder are reserved to Peer39.
You will not use the Peer39 Website or Services for any purpose that is unlawful or prohibited by the Terms. You are restricted from copying, sublicensing, reproducing, distributing, or disclosing the Website content or design for Your benefit or for that of any third party without the express written consent of Peer39. You are not allowed to use the Website content or design to build a derivative product and or work, and shall not use the content to reverse engineer any work or product. You will not use the Website or Services in any manner that could damage, overburden, or impair the Website or Services, any Peer39 server, or networks connected to any Peer39 server, or interfere with any other party’s use and enjoyment of the Website or any Service. You will not attempt to gain unauthorized access to the Website or any Service or services connected to the Website. Peer39 and its affiliates reserve the right to refuse to provide You the Services or terminate Your accounts in its discretion, including, without limitation, if Peer39 believes that Your conduct violates applicable law or is harmful to the interests of Peer39 and its affiliates.
The Website may contain links to third-party websites, products and resources. You acknowledge and agree that We are not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
THIS WEBSITE IS PROVIDED BY PEER39 ON AN “AS IS” BASIS. PEER39 AND ITS LICENSORS, SUPPLIERS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PEER39 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PEER39 FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THIS WEBSITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation On Liability
YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AND SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE. UNDER NO CIRCUMSTANCES SHALL PEER39 BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE WEBSITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT PEER39 HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS WEBSITE OR SERVICES OR WITH PEER39 SHALL BE TO TERMINATE USE OF THE WEBSITE AND SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
All content available on this Website, including all text, logos, and graphics is the property of Peer39 and/or third parties and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of Peer39, Inc. and protected by U.S. and international copyright laws. Peer39 reserves the right to remove all content, from whatever source, at any time, for any reason (including, but not limited to, claims or allegations made by third parties relating to such content), or for no reason at all.
Except as expressly provided herein, Peer39 shall have the sole and exclusive ownership of all right, title and interest in and to the Platform, any enhancements thereto, any documentary or other materials regarding the use thereof and related thereto, and any data provided to You by Peer39 in whatever form or media. As between Peer39 and You, Peer39 or its licensors shall remain the sole and exclusive owner of all right, title and interest in and to the Platform and related documentation including, without limitation, any patents, patent applications, trademarks (whether registered or not), trade names and copyright in all territories.
Copyright © 2010 – 2013, Peer39, Inc. All Rights Reserved.
Peer39™, Peer39.com™ and other Peer39 graphics, logos, and service names are trademarks of Peer39, Inc. Peer39′s trademarks may not be used in connection with any product or service that is not Peer39′s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Peer39.
By accepting these Terms, You undertake, warrant and agree as follows:
b. You agree not to use the Platform or Services in connection with, or to promote campaigns or ads containing: (i) content that is an invasion of privacy, degrading, defamatory, libelous, unlawful, profane, obscene, pornographic, hate material, or discriminatory; (ii) content that promotes any illegal activity including without limitation the promotion of gambling where prohibited, illegal substances, software piracy, or hacking; (iii) content that infringes on the personal rights, trademark, service mark, trade dress, trade name, logo, publicity right, copyright, patent rights, or any other intellectual property right of any third party; (iv) content, links or codes that promote or reference software piracy and/or activities generally understood as Internet abuse including but not limited to the sending of unsolicited bulk e-mail and the distribution or use of spyware, malware, worms, Trojan horses, time bombs, cancelbots, corrupted files, or similar software; or (v) content that You know to be false or misleading.
These Terms are governed by the internal laws of the State of New York, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in New York County, New York, and the federal courts in the Southern District of New York, to resolve any disputes arising under the Terms. If You provide any feedback or suggestions to Peer39 regarding the Service or other Peer39 products, You hereby grant Peer39 a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback into Peer39′s Services. These Terms contain the complete agreement between You and Peer39 with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements or understandings, whether oral or written. The failure or delay of Peer39 to exercise any of its rights under the Terms or upon any breach of the Terms will not be deemed a waiver of those rights or of the breach. If any provision of the Terms are held by a court to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect. Peer39 may update the Terms by providing notice on the Website.
Publication Date: 03/06/2013