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Terms Of Use

Peer39

Terms Of Use

These terms of service ("Terms") are a legal agreement between you ("You") and Peer39, Inc. ("Peer39" or "We"). Subject to these Terms of Service ("Terms"), Peer39 may offer to provide You Services ("Services"). By accessing Peer39's website ("Website") or using any Services, You agree and acknowledge to be bound by these Terms. Please read the Terms carefully. If You do not agree to the Terms, then do not use the Website or the Services. The Website and Services are not intended for use by minors, and by using the Website and Services You represent and warrant that You are at least 18 years of age.

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 asset to be bound by such changes.

Privacy Policy

Peer39's information and collection practices for the Website and Services are set forth in the Peer39 privacy policy, available at www.peer39.com/privacy.html. Please read the privacy policy carefully. By agreeing to these Terms, You are agreeing to the privacy policy.

Restrictions on Use of the Peer39 Website and Services

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 You service 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.

Third-Party Websites

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.

Disclaimer

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.

Copyright

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.

Copyright Notice

Trademarks

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.

Copyright Complaints

Peer39 and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you should notify Peer39's Copyright Agent at:

Peer39, Inc.
2 West 45th Street, Suite 1700
New York, NY 10036

Attn: James Oppenheim, Copyright Agent
Tel: 347-410-9739
Fax: 718-504-4449
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Upon receipt of notice as described above, Peer39 will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Peer39 Website.

General Terms

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.