Terms of Use

IMPORTANT - READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR INSTALLING PEEKEEZ’S PRODUCTS.

ACCEPTANCE OF TERMS OF USE

The services that Peekeez provides to you, including information on our Web Site are subject to the following Terms of Use. Peekeez reserves the right to update the Terms of Use at any time and without providing notice. The most current version of the Terms of Use can be reviewed at http://www.peekeez.com/terms.

By clicking on the "Accept" Button or by downloading or installing the software, you agree to all the terms of this agreement. If you do not agree to any of the terms of this agreement, you must not accept, download or install the software.

PRIVACY POLICY

Our goal is to protect your information on the Internet. View the most current version of our Privacy Policy at http://www.peekeez.com/privacy for details. Peekeez reserves the right to update the Privacy Policy at any time with or without providing notice.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.

As an accommodation to Licensee, Peekeez may provide opportunities for our users to download Limited Production Programs (which may be labeled "Alpha" or "Beta"). These products are provided on an "as-is" basis without warranty of any kind, and are not covered by the Warranties set forth in Peekeez product warranties,software licenses or service agreements.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REDISTRIBUTION OR USE BY OTHER PARTIES IS PROHIBITED, UNLESS EXPRESSLY PERMITTED BY WRITTEN PERMISSION OF PEEKEEZ INC.

SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, PEEKEEZ DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

USER ACCOUNTS AND PASSWORDS

The Peekeez Services require you to create a Peekeez user account. To do so, you must complete the registrationprocess by providing us with current, complete and accurate information as prompted by the applicable registration form. Failure to do so may result in the termination of your account. You also will select a user name and password. You are responsible for maintaining the confidentiality of your password and account. You agree to notify Peekeez immediately if you become aware of any unauthorized use of your account or any breach of security. Peekeez will not be liable for any loss that you may incur as a result of someone else using your password or account, with or without your knowledge. You may not use another Peekeez user’s account without the permission of that user.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of Peekeez Services, you agree not to use any services for any purpose that is (i) prohibited under these terms of use; (ii) unlawful or tortious under applicable federal, state or local laws and regulations, or (iii) inconsistent with applicable community standards. You may not use the Services in any manner that could damage, disable, overburden, or impair any Peekeez server or network, or interfere with any other party's use of Peekeez services. You may not attempt to gain unauthorized access to any Peekeez server, network, or services through hacking, password mining or any other means.

Peekeez has no obligation to monitor your use of any services. However, Peekeez reserves the right to review materials routed through any Peekeez server or network and to remove any materials at its sole discretion.

SUBSCRIPTION TERMS AND CONDITIONS

Use of the services provided by Peekeez is subject to the following Terms and Conditions that constitute a legally binding agreement ("Agreement") between the subscriber ("Subscriber") and Peekeez. These are the only terms and conditions that govern Peekeez’s obligations to Subscriber and Subscriber’s rights, with respect to the Services ("Services") provided in conjunction with the Peekeez products ("Products"), as indicated on the on-line Order Form. These Terms and Conditions apply to Standard Services provided free of charge with each purchase of Products and to paid subscription rights for Enhanced Services.

Acceptance of these Terms and Conditions on any "acceptance" or "subscription agreement" screen, icon or provision; payment of the applicable subscription fee; or use of the Services confirms Subscriber's acceptance of these Terms and Conditions.

SERVICES SUBSCRIPTION. Subject to Subscriber’s completion of the applicable Order Form, acceptance of these Terms and Conditions and payment of the subscription fee, if applicable, Peekeez grants to Subscriber the nonexclusive right, subject to these Terms and Conditions, to (a) install and use the Peekeez Client Software in conjunction with the Services solely for Subscriber’s personal purposes, which Client Software and Services, as such terms are used herein, include any future updates, upgrades or enhancements for which Subscriber may become eligible; (b) use the Services solely for Subscriber’s business purposes; and (c) copy the Client Software for archival or backup purposes only.
RIGHTS AND OBLIGATIONS. Peekeez retains all title, copyright and other proprietary rights in the software, including but not limited to the Client Software, servers and network used to provide the Services. Subscriber does not acquire any rights, express or implied, in the Client Software or other software or used to provide the Services or in the Services themselves other than those specified in these Terms and Conditions. Subscriber agrees that it will not use the Services for sharing inappropriate materials as set forth in the Terms of Use under the provision relating to No Unlawful or Prohibited Use, including without limitation materials containing viruses or other harmful code; unsolicited mail (spam); copyrighted materials to which Subscriber does not have appropriate rights; pornography or other adult materials offensive to community standards; harassing, tortious or defamatory materials; or other materials prohibited by applicable international, federal, state or local laws and regulations. Subscriber agrees to fully comply with all federal, state and local privacy laws in connection with use of the Client Software and the Services. Peekeez shall have the right to monitor use of the Services by Subscriber, subject to the confidentiality provisions set forth below.
PRE-PRODUCTION CLIENT SOFTWARE OR SERVICES. Pre-production releases of the Client Software and the Services are provided "AS-IS" and are not covered by any warranty, express or implied, and are not intended for production use. Pre-production releases of the Client Software and the Services are provided without additional charge for demonstration and trial use of the Client Software and the Services and may expire automatically at the end of a pre-determined trial period or upon any notice, written or otherwise, from Peekeez.
RESTRICTIONS. Subscriber may not directly, or permit others to, (a) disassemble, decompile or otherwise derive source code from the Client Software or other software used to provide the Services; (b) reverse engineer the Client Software or the Services; (c) modify or prepare derivative works of the Client Software or the Services; (d) copy the Client Software, except as expressly permitted in these Terms and Conditions; (e) rent or lease the Client Software or the Services; (f) use the Client Software or the Services in any manner that infringes the intellectual property or other rights of another party; or (g) transfer the Client Software, or any copy thereof, or access to the Services to another party without the express prior written consent of Peekeez.
OWNERSHIP. Subscriber acknowledges and agrees that Peekeez and its licensors own the Client Software and the Services and any other software used to provide the Services, together with all trade secrets, copyrights, patents and other intellectual property rights related thereto.
WARRANTY DISCLAIMER. PEEKEEZ PROVIDES THE CLIENT SOFTWARE AND SERVICES "AS-IS" AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. PEEKEEZ SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS, WHETHER IRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL (INCLUDING LOST PROFITS), ARISING OUT OF OR RESULTING FROM SUBSCRIBER’S POSSESSION OR USE OF THE CLIENT SOFTWARE OR THE SERVICES (INCLUDING DATA LOSS, CORRUPTION OR COMPROMISE OF DATA SECURITY), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE AND WHETHER OR NOT SUCH LOSS IS FORESEEABLE. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, PEEKEEZ'S MAXIMUM LIABILITY TO SUBSCRIBER SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY SUBSCRIBER FOR THE CLIENT SOFTWARE AND THE SERVICES DURING THE PREVIOUS SIX (6) MONTH PERIOD. THE REMEDIES AVAILABLE TO SUBSCRIBER UNDER THIS AGREEMENT ARE EXCLUSIVE. THE PARTIES AGREE THAT THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN PEEKEEZ AND SUBSCRIBER AND THAT PEEKEEZ’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY AND DESIGNATION OF EXCLUSIVE REMEDIES SPECIFIED HEREIN.
EARLY TERMINATION: Peekeez Inc. reserves the right to modify, upgrade, suspend or discontinue the service (or part thereof), without notification. You agree that Peekeez Inc. will not be liable to you or any third party for such modification, upgrading, suspension or discontinuance.
HIGH RISK CRITICAL ACTIVITIES: Peekeez Inc. does not recommend the use of the Software for critical situations. The Software is not a substitute for professional security systems and equipment. That said, many of our users are quite happy using the Software for this purpose and it is generally quite adequate for needs that are non-critical in nature. Neither is the Software designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, security and related monitoring systems, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, financial loss, loss of reputation and/or environmental damage ("High Risk Activities"). Accordingly, Peekeez Inc. specifically disclaims any warranty for fitness for critical situations and/or High Risk Activities. You agree that Peekeez Inc. will not be liable for any claims or damages arising from the use of the Software in these or for any other applications.
INTERNET CONNECTIVITY: The Peekeez service is provided through the Internet which is not within our control and therefore we cannot underwrite any risks associated with its use. You understand that you are solely responsible for your own telecommunications and network connections and Peekeez Inc. shall not be responsible for any disruption, breakdown or other failure in the service arising from these connections.
TERM AND TERMINATION. This Agreement is effective upon Subscriber’s assent to its terms and conditions in the manner specified above and shall continue for the basic, trial or pilot subscription period designated by Peekeez or the agreed-upon subscription period set forth in the Order Form unless otherwise terminated as provided hereunder. Subscriber may convert a basic, trial or pilot subscription to a paid subscription or renew an existing paid subscription prior to its termination by following the related instructions reflected on Peekeez’s website http://www.peekeez.com. Peekeez may terminate these Terms and Conditions immediately upon Subscriber’s breach of the obligations set forth in these Terms and Conditions or other relevant provisions of the Terms of Use.
INDEMNITY. Subscriber agrees to indemnify Peekeez and hold it harmless with respect to any and all claims, causes of action or damages arising as a result of Subscriber’s breach of its obligations under these Terms and Conditions.
ASSIGNMENT. Subscriber may not assign any rights under these Terms and Conditions to another party without Peekeez's prior written consent. Any such unauthorized assignment shall be void. Peekeez may assign its rights to any successor or affiliate.
MISCELLANEOUS. This Agreement is governed by the laws of the State of Delaware without regard to provisions pertaining to conflicts of law. If any provision of these Terms and Conditions is held to be unenforceable, the unenforceable provision shall be deemed stricken from these Terms and Conditions, and the remaining provisions shall be enforced in accordance with their terms. In the absence of a written agreement duly executed by Subscriber and Peekeez that specifically supersedes or amends the terms of these Terms and Conditions, these Terms and Conditions is the complete agreement between Subscriber and Peekeez with respect to the Client Software and the Services. The waiver by either party of any default or breach of these Terms and Conditions shall not constitute a waiver of any other or subsequent default or breach. Except for actions of nonpayment or breach of Peekeez’s proprietary rights in the Client Software and the Services, no action, regardless of form, arising out of these Terms and Conditions may be brought by either party more than one year after the cause of action has occurred.

Questions concerning these Terms and Conditions may be addressed to Peekeez at: Peekeez Inc. 600 N 36th ST, Suite 302, Seattle, WA, U.S.A. Tel: 808 283 2154.

UNSOLICITED IDEA SUBMISSION POLICY

PEEKEEZ INC. OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW PRODUCTS, SERVICES, PROMOTIONS, OR PRODUCT NAMES. IF YOU PROVIDE US WITH UNSOLICITED IDEAS PEEKEEZ INC. SHALL HAVE THE FREE AND UNRESTRICTED RIGHT TO USE THEM WITHOUT COMPENSATION TO THE SUBMITTING PARTY. PEEKEEZ MAKES NO ASSURANCES THAT ANY UNSOLICITED IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

TRADEMARKS

Trademark information is available at http://www.peekeez.com/legal/trademarks.htm. All trademarks, including third-party trademarks used on Peekeez's Websites are the exclusive property of their respective owners.