TERMS OF SERVICE
Welcome! Please read these Terms of Service (the “Agreement”) carefully, as they contain the legal terms and conditions that govern your use and access of the mobile applications and the site: www.peacube.com (“PeaCube” or the “Site”). This Agreement governs your use of PeaCube and constitutes a legallybinding agreement between you and PeaCube Communications, Inc. (“we”, “us”, or “our”). If you have any questions about this Agreement please send us a note at: email@example.com
ACCEPTANCE OF THIS AGREEMENT
We reserve the right to revise and amend this Agreement from time to time at our sole discretion. Any changes to this Agreement will be posted on the Site. If you have created an account with us, we will attempt to notify you of material modifications to this Agreement when you log onto PeaCube. However, you should periodically check the Site for any modifications. If you do not agree to any modifications to this Agreement, your sole remedy is not to use PeaCube.
PeaCube allows for messaging and sharing of information, such as your profile, and announcements. Our Site contains interactive features and areas that allow users to post, transmit, or store text or other materials (collectively, “User Content”). If you post material to the PeaCube or otherwise make (or allow any third party to make) material available by means of the application or the Site, you acknowledge that you are entirely responsible for the User Content and any consequences resulting thereof. The User Content you submit, share, post, or display may be seen by other users of the Site or, if public, by visitors. You should only provide User Content that you are comfortable sharing with others under this Agreement.
We are not obligated to publish any information or content on the Site and can remove it in our sole discretion, with or without notice.
You represent and warrant that you will not upload, post, or otherwise transmit any User Content to or through the Site that infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person; or that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or a PeaCube rule or policy.
You retain all ownership rights in your User Content.
If you choose to create a user account you must provide us with an email address and a password. By creating an account you affirm that you are either: (i) more than 13 years of age; (ii) an emancipated minor; or (iii) possess legal parental or guardian consent. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
In addition, you affirm that you have not been previously suspended or removed from the Site and warrant that: (i) the information you provide to us is accurate and complete; (ii) you will keep your password secure; and (iii) you will notify us of any suspected breach of security or unauthorized use of your account. You cannot transfer your PeaCube account.
The design, layout, and source code of the Site are owned by us and are protected by patent, copyright, trademark, or other laws. You acknowledge and agree that nothing in this Agreement provides you with any rights or ownership in our copyrights, or trademark (“IP Rights”). The IP Rights are our exclusive property and this Agreement does not transfer any IP Rights to you or vest any IP Rights in you.
Subject to the terms and conditions of this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nontransferable, nonsublicensable license to use the Mobile Application and Web Site during the period for which we provide you access. Without limiting the foregoing, you agree not to (and agree not to allow any third party to):
- Sublicense, distribute, or use the Site outside the scope of the license granted in this Agreement;
- Copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Site or otherwise attempt to discover any source code or trade secrets related to the Site;
- Rent, lease, sell, assign, or otherwise transfer rights in or to the Site;
- Use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Site;
- Use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features or exploit any copyright or other proprietary rights associated with the Site, including screenshots and transcripts, in any way that for any purpose without our express written consent;
- Register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names, and other distinctive brand features, copyright or other proprietary rights associated with PeaCube or the Site; or,
- Remove, obscure, or alter any notice of copyright, trademark, or other proprietary rights appearing in or on any item included with the Site. Any use of the Site other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate the license to use PeaCube granted in this Agreement.
PeaCube is provided both for your personal and business use. You are responsible for all of your activity in connection with the Mobile Application and the web site. As a condition of your use of the Site, you agree to comply with all US and foreign laws. In addition to the other restrictions outlined in this Agreement, you agree:
- Not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code onto the website that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of PeaCube or any third party;
- Not to impersonate any person or entity, including any of our employees or representatives;
- Not to engage in any harassing, intimidating, predatory, behavior, or stalk any other user of PeaCube;
- Not to circumvent any securityrelated features of the Site, including those designed to limit copying or reproduction;
- Not to take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large burden or load on PeaCube or its thirdparty providers’ infrastructure;
- Not to interfere or attempt to interfere with the proper working of PeaCube or any activities conducted using the Site;
- Not to bypass any measures we may use to prevent or restrict access to PeaCube (or other accounts, computer systems, or networks connected to the Site);
- Not to use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website;
- Not to directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of PeaCube, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works ofany part of PeaCube; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- Not to violate any applicable local, state, national, and international laws or regulations;
- Not to upload any content that violates the rights of any third parties, including, but not limited to, copyright, trademark, statutory, and other proprietary rights; and
- Not to use the Site for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates this Agreement.
Dear PeaCube Users:
The essence of PeaCube’s approach to privacy may be lost in all the legal language below. Accordingly, I have created these highlight bullet points to state as clearly as possible what PeaCube does and does not do from a privacy perspective.
- The PeaCube web app used exclusively by in-store salespeople does not show, store or share the contact details of the retail store customer. The phone number of the retail store customer totally disappears from PeaCube’s servers and systems once the PeaCube SMS or MMS message is sent from the app.
- The customer does not need to reveal themselves to PeaCube by logging-in to have visual access to the PeaCube ratings page sent.
- Only if the retail store customer wishes to submit their rating publicly does PeaCube require a log-in from the customer which PeaCube keeps for the purposes of having a fully transparent and trustworthy ratings service.
- PeaCube is in no way and at any point integrated into the IT systems of the retail store. PeaCube systems are fully independent of the retailer.
- PeaCube’s technical architecture makes it impossible for the retailer to target or engage the customer through banner advertising and spam as a result of receiving the PeaCube. If the customer opts to keep their experience rating private (i.e. to be viewed exclusively by the retailer) then there will be no public record of the rating which any marketer can use to target the consumer. If the customer opts to make their rating publicly available then the customer takes the risk that other means outside of the control of PeaCube may be used to identify and market to the author of that publicly available rating.
- The two things at very core of our value proposition:
- the privacy of the in-store retail consumer
- the independence of PeaCube as a non-advertising supported third party ratings provider.
PeaCube Founding Team
RIGHT TO TERMINATE ACCOUNT
Our Right to Terminate Account We may terminate your account or otherwise prevent you from using the Site at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so.
If we terminate your account, you must immediately stop using the Site and you agree not to attempt to regain access to the Site without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. We reserve the right to block access to the Site to anyone for any reason at any time. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
User’s Right to Terminate Account
You may choose to terminate your account with PeaCube at any time by deleting the app from your mobile device and contacting firstname.lastname@example.org. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
THIRD PARTY SERVICES & CONTENT
We may utilize links and other tools to connect users to third party services and websites (“Third Party Services”). We have no control over the content and policies of these Third Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies. Users who access or use a Third Party Service through PeaCube are solely responsible for complying with the terms and policies of these third parties.
In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service.
OPEN SOURCE SOFTWARE
We use third party software licensed under various open source licenses (the “Open Source Software”). OPEN SOURCE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. YOUR USE OF ANY SUCH SOFTWARE SHALL BE GOVERNED BY THE SOFTWARE’S LICENSING AGREEMENT. Nothing in this Agreement limits your rights under, or grants you rights with respect to, the terms of the Open Source Software’s licensing agreement. We bear no responsibility for your use of the Open Source Software and we shall have no liability for your use of such software.
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE. OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “PEACUBE PARTIES”) DO NOT WARRANT THAT THE SITE WILL BE ERRORFREE OR THAT DEFECTS WITH THE SITE WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS RISKY AND THAT ALL RISKS RELATED TO YOUR USE OF THE SITE AND ANY THIRD PARTY SOFTWARE ARE ASSUMED SOLELY BY YOU.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL PEACUBE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIABILITY OF PEACUBE IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGE.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the PeaCube from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) any User Content you post, upload, use, distribute, store or otherwise transmit through the Site; (iii) your violation of any term of this Agreement; or (iv) your violation of any law, rule or regulation, or the rights of any third party.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing the PeaCube in an unauthorized manner. You acknowledge that under this Agreement by using the Site you are deemed to have received any and all notices that would have been delivered had you accessed the PeaCube in an authorized manner.
This Agreement sets forth the entire understanding and agreement between you and PeaCube as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
ARBITRATION & WAIVER OF CLASS ACTION
You and PeaCube agree to arbitrate any dispute arising from this Agreement or your use of the Site on an individual basis. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. YOU AND PEACUBE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. You and PeaCube agree that: (i) any arbitration will occur in New York, NY; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumerrelated disputes, in the English language, and with limited discovery. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND PEACUBE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
This Agreement shall be governed by the laws of the State of New York, without giving any effect to any conflict of law principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum in any such action.
We shall not be held liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Our failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
NOTE TO INTERNATIONAL USERS
PeaCube is hosted in the United States. If you are a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which are governed by US law, you are transferring your personal information to the United States and you consent to that transfer.
QUESTIONS & COMMENTS
We welcome comments, questions, concerns, or suggestions. Please contact us at: