Issued: May 2, 2017
The following End User License Agreement (“EULA”) constitute an agreement between you and Peep Labs Inc. (“Peep Labs” or “us” or “we”). This EULA governs your access and use of Peep Labs app and webpage (hereinafter together referred as “App”) as any and all related updates and upgrades of the App. By using our APP, You confirm, that your age is over 13. In case you are under 13 years old, please stop using our APP.
For purposes of this EULA "App" means all software programs distributed, published or otherwise made available by Peep Labs in form of mobile applications and website accessed by means of a browser or other online communication method. In this EULA “Software” has the same meaning as “App.”
By using the App, you agree to be bound by the terms of this EULA. Your use of our App is subject to the terms and conditions set forth in this EULA. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, DO NOT USE OUR APP.
This EULA governs iOS platform and includes general provisions applicable for all users and EULA of this specific platform. This EULA incorporates by reference the following terms:
Licensed Application End User License Agreement (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/) and App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS);
You acknowledge that EULA is entered into by you and by Peep Labs and by your platform provider (Apple). You however acknowledge that your platform provider is third-party beneficiary of this EULA and that it has the right (and is deemed to have accepted the right) to enforce this EULA. Peep Labs’ responsibility is limited to Software and to any content contained therein. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Peep Labs grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use our App and all the services that App enables for the users.
We hold discretion to automatically download and install upgrades of any software that was provided by us. In case you would like to control the automatic updates and downloads, please use manual settings within the App.
Peep Labs may at any time add or remove features or functionalities of the App or may (permanently or not) suspend the App.
OWNERSHIP. Peep Labs’ App and all related services are protected by applicable laws and treaties throughout the world. Peep Labs’ App and services may not be copied, distributed or reproduced in whole or in part, without prior written consent of Peep Labs. Peep Labs retains all right, title and interest in and to the Peep Labs’ and services including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. All rights not expressly granted to you herein are reserved by Peep Labs.
In order to use the App, you need to be at least 13 years old. If you are between 13 and 18 years of age, you represent and certify that you have obtained your parents or legal guardian express consent to use the App and 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. If you are under 13 years old or if you are between 13 and 18 years old and you have not obtained your parents or legal guardian express consent to use the App, do not use our App.
Peep Labs App may include third party materials or service into the App. These are materials and services provided by publishers, advertisers, our business partners, etc. These materials or services may include social medial connectivity and similar services. Peep Labs is not responsible for any such third-party materials or services. These services and materials are subject to third party terms and conditions and they constitute and agreement between you and applicable third party service provider.
Third party software is provided “as is” and all expressed or implied warranties are disclaimed.
Peep Labs may, directly or indirectly through third-parties (business partners) also place advertisements into the App. You agree that advertisements may in some cases appear next to content you have submitted in any way to the App.
Peep Labs may review the services and materials provided by third parties. But in any case, we are not liable for content that other provided through our App.
While Peep Labs respect your rights, we expect that you will respect the rights of other users in the same manner. In this respect, in relation to other App users you may not use our App in the following way:
In addition to above restrictions, you shall not:
If you will be repeatedly violating the above stated restrictions, after written warning from our side and in case you will continue with the breaches afterwards, we will take reasonable steps within our power to terminate your account.
Unless You have received prior written authorization from Peep Labs, You must not (i) commercially exploit the Peep Labs’ Software; (ii) resell, copy, transfer, distribute, display, translate, modify Software or make derivative works of the Software or any part thereof; (iii) make a copy of the Peep Labs’ software or any part thereof; (iv) redistribute, sublicense, rent, publish, perform, sell, assign, lease, market, transfer, or otherwise make Software available to third parties; (v) seek to disable, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by applicable law or by the licensing terms governing use of any open sourced components included with the Software; (vi) delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Software; (vii) remove or alter Peep Labs’ trademarks or logos or legal notices included in the Software or related assets, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (viii) copy or distribute text, pictures, music, barcodes, video, data, hyperlinks, displays or any other content provided by the Software; (ix) use Software in any manner not expressly allowed in the Terms.
You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Software, except to the extent explicitly permitted above.
Peep Labs’ App requires an internet connection to access the App. You acknowledge and agree that third party data transfer fees or/and wireless carrier fee may apply or when using Peep Labs’ Software. You are solely responsible for any costs You incur to access Peep Labs’ Software. Peep Labs makes no guarantees that this Software is available in all geographic locations.
Our App enables you to create, upload, manage, publicly post, send, receive and store any kind of video content. You should only provide content that you are comfortable sharing with others under this EULA. You retain all the copyrights for yourself. Nevertheless, you grant us a license to use that content. You grant us royalty-free, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content for as long as you use our App.
You hereby grant Peep Labs exclusive, royalty free, perpetual, irrevocable, transferable rights and license to use your content for any purpose and for any way by any means whether now known or unknown and distribute your content without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions.
To avoid any doubt, the license you grant to us, as described in the previous paragraph, also includes license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display content submitted to the App.
In case you appear in the content uploaded to the App, you grant us the unrestricted, worldwide right and license to use your name, likeness, and voice.
If not expressly prohibited by mandatory legislation, you hereby waive all intellectual property rights to such content as well as any and all moral rights of paternity, publication, reputation, or attribution with respect to Peep Labs’ use and enjoyment of such assets in connection with the App. This license grant to Peep Labs, and the above waiver of any applicable moral rights, survives any termination of this EULA.
In case we think your submitted content violates this EULA or is ethical/morally disputable, we have discretionary right to access, review, screen and delete your content at any time.
We may modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
By accessing or using our App, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.
Peep Labs offers in-app or webpage purchases (within a price ranges of 1 USD to 99 USD) for the right to watch live stream. In case live video stream will be cancelled, Peep Labs ensures full refund of the payment. However, there will be no refund of paid amount in case reason for not watching paid live video stream lies on User.
YOU AGREE AND ACKNOWLEDGE THAT PEEP LABS IS NOT REQUIRED TO PROVIDE REFUND IN CASE USER WILL NOT LIKE THE CONTENT OR CONTENT IN ANY OTHER WAY WILL NOT MEET USER’S EXPECTATIONS AND THAT YOU WILL NOT RECEIVE ANY COMPENSATION.
PEEP LABS’ SOFTWARE IS PROVIDED ON “AS IS” BASIS, WITHOUR WARRANTIES OF ANY KIND. PEEP LABS DOES NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
PEEP LABS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP; THAT OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW ABOVE EXCLUSIONS OF WARRANTIES, THERFORE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTEND PERMITTED BY LAW IN SUCH JURISDICTIONS.
IN NO EVENT WILL PEEP LABS, ITS AFFELIATES, LICENSOR OR PARTNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIL DAMAGES, LOSS OF DATA, USE, PROFIT, GOODWILL, REPUTATION, PROPERTY, PERONAL INJURY OR EXPENSE OF ANY NATURE, COMPUTER MALFUNCTION ASIRING OUT OF OR RELATED TO THIS EULA OR THE APP, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. PEEP LABS’ LICENSORS AND PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
IN NO EVENT, SHALL PEEP LABS, ITS AFFILIATES, LICENSOR OR PARTNERS BE LIABLE FOR ALL DAMAGES EXCEEDING THE ACTUAL PRICE PAID BY YOU TO USE PEEP LABS’ APP OR FIVE (5) USD, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATION OF LIABILIY, THERFORE THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTEND PERMITTED BY LAW IN SUCH JURISDICTIONS.
You agree to defend, indemnify, and hold harmless Peep Labs and its employees, contractors, officers, directors and successors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees and costs) that arise from your use or misuse of the App, violation of these Terms or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) of a third party. Peep Labs reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your own expense in asserting any available defenses. The indemnification in this section extends to any allegations of copyright infringement or other law based on your importation, exportation, manipulation, modification, distribution, sale or other use of text, still images, or audio or video recordings.
Entire Agreement. This EULA represents entire agreement concerning this license between Peep Labs and you and supersedes all prior agreements and representations between them.
Modifications. Peep Labs reserves the right, at its discretion, to change, modify, add or remove portions of this EULA or post updated EULA. You will be deemed to have accepted such changes by continuing to use the App.
Severability. If any provision of the EULA is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the EULA shall otherwise remain in full force and effect and enforceable.
Term and Termination. The term of your licenses under this EULA shall commence on the date that you accept this EULA and start using the App. This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must delete your account. Termination will not limit any of Peep Labs’ other rights or remedies at law or in equity.
Regardless the termination of this Agreement, you and Peep Labs continue to be bound by the following sections:
This EULA is governed by and construed in accordance with the laws of Delaware without reference to its choice of law rules. Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be conducted in Delaware, or at your domicile’s competent courts, based on Peep Labs sole discretion.
If you have any questions concerning this agreement, you may contact email@example.com. You may also use this contact to inform us on any violation of your rights by users and other third parties.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT/AGREE BUTTON AND/OR CONTINUING TO USE PEEP LABS’ APP, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA AND GRANT PEEP LABS THE RIGHTS SET FORTH HEREIN.
Issued: May 2, 2017
Peep Labs ensures that any personal information collected will be used in accordance with all laws and regulations relating to the protection of personal data.
Peep Labs, with registered address at 2035 Sunset Lake Road, Suite B2, Newark DE 19702, United States of America, collects the personal and non-personal information from You when You enter and register in our App, subscribe to a newsletter, respond to a survey or fulfil any questionnaire provided by Us. We will hold Your collected personal information for as long as is necessary and reasonably required for the relevant service or purpose.
We collect Your information in a one of the following ways:
When use our app, we collect the information that You voluntarily choose to share with Us. In order to use our App, it is required to set up an account. While creating account, We collect the following information from You:
Since we only use third party log in (Facebook, Twitter, Instagram, etc.) for creating account in our App, we collect only log in information from the User that was shared by the User in order to create the account on such third party platform.
Some of the information about each User of our App is collected automatically, when User uses our App. These are the following information:
We collect User’s device technical information, e.g. device model and name, operating system name and version, device CPU info, device screen size, firmware, software, mobile phone carrier, Internet service provider, etc.
We are tracking Your activity while using Our App: how You use Our services, which features of the App You use and how, how long are You logged in, etc.
We collect information, mostly metadata, about the video content You provide.
We collect information about Your present location.
We may supplement the information You provide to Us with information We receive from third parties. We may also obtain information from other companies that are owned or operated by Us, or any other third-party sources, and combine that with the information We collect through our services.
For more detailed information, please read Our Cookies Policy
There are various purposes why We collect information. Among others these purposes are as follows:
On an irregular basis, we may use your personal information also for the purposes other than those listed in the previous paragraph. One of those examples would be sending notices about information We consider important, such as communications about changes to Our terms, conditions, and policies. We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Our products, services, and customer communications.
From time to time We may also send you e-mail communications alerting You to news in Our App and to Our offers. You may unsubscribe from these emails at any time by replying to the email using the “unsubscribe” link.
Other than to App hosting partners and other parties who assist Us in operating App, conducting our business or serving our users, We do not sell, trade or otherwise transfer to external parties personally identifiable information.
Non-personally identifiable (anonymized and/or aggregated) information may be provided by Us to other parties for marketing, advertising or other uses.
We may share information about You if we reasonably believe that disclosing the information is needed to:
We take all needed precautionary measures to protect collected personal information. These measures are administrative, technical, and physical. Measures are aimed to safeguard Your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
These measures, conducted on the regular basis are as follows:
All collected information is stored in a secure fashion on Our server located within United States of America. Servers are protected by firewall. The access to information on the server is limited to Peep Labs’ employees or to external contractors with signed non-disclosure agreements. However, We cannot absolutely guarantee the security of any data You disclose on-line. You accept the inherent security risks of providing information and dealing on-line over the Internet and will not hold Us responsible for any breach of security unless this is due to our negligence or willful default.
In case of any data breach where your personal information would be or could be stolen or abused in any form, the responsive action by Peep Labs (notification via email) will be conducted within 3 (three) business days.
To avoid any doubt, Peep Labs is not responsible for any data breach in case it has put its best efforts to ensure all possible measures to protect these data.
You have the right to see and update personal data We collected from You. The App will have the feature which will enable User to see and to revise all personal data collected by Us. If you are concerned that any of the information We hold on you is incorrect, please contact us.
You have right to delete Your account any time at Your will. If you ask Us to delete Your account, send Us account deletion request to firstname.lastname@example.org, You will have up to 5 days to restore your account before We perpetually delete your information from our servers and renewal of Your account will no longer be possible. During this period of time, Your account will be visible to other users of the App.
The User is aware that a ‘Cookie’ is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given user, including but not limited to a User’s login identification, password, etc. The User is aware that the App/Webpage may place both permanent and temporary cookies in the User’s computer's hard drive & Mobile Phone’s Memory Storage unit and web browser, and does hereby expressly consent to the same.
The User is further aware that the App/Webpage uses data collection devices such as cookies on certain pages of the App/Webpage to help analyse web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the App/Webpage are only available through the use of such cookies. While the User is free to decline the App/Webpage’s cookies if the User’s browser permits, the User may consequently be unable to use certain features on the App/Webpage.
Additionally, the User is aware that he/she might encounter ‘cookies’ or other similar devices on certain pages of the App/Webpage that are placed by third parties or affiliates of the Peep Labs/App/Webpage. The User expressly agrees and acknowledges that the Peep Labs/App/Webpage does not control the use of such cookies/other devices by third parties, that the Peep Labs/App/Webpage is in no way responsible for the same, and that the User assumes any and all risks in this regard.
Under our policy we do not collect any personal information from children under 13 years old. If we unknowingly collected such information we will take immediate steps to delete them.
To avoid any doubt, Our services are not intended for anyone under 13.
Newark, May 2017