Terms and Conditions

Modification of terms

Peepel reserves the right to change the terms, conditions, and notices under which the Peepel Web Sites are offered, including but not limited to the charges associated with the use of the Peepel Web Sites. You are responsible for regularly reviewing these terms and conditions.

Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the peepel.com domain name, the "Peepel Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms of Service") WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the the Peepel Website.

Website Access

Peepel hereby grants you permission to use the Website as set forth in this Terms and Conditions, provided that:

(i) you will not copy or distribute any part of the Website in any medium without Peepel's prior written authorization;

(ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and

(iv) you will otherwise comply with the terms and conditions of these Terms of Service.

In order to access most features of the Peepel Applications, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Peepel immediately of any breach of security or unauthorized use of your account. Although Peepel will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Peepel or others due to such unauthorized use.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Peepel servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Peepel grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Peepel reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions or shared works

You agree to use Peepel only for lawful purposes, and in a way that does not inhibit, restrict or infringe the rights of anyone else's enjoyment and use of Peepel Prohibited behaviour includes harassing or causing inconvenience or distress to any person, transmitting offensive or obscene content or disrupting the normal flow of dialogue within Peepel.

You will not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by Peepel in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Peepel services. You agree not to access Peepel services by any means other than through the interface that is provided by Peepel for use in accessing Peepel services except as specifically authorized in a separate written agreement.Except as expressly authorized by Peepel you agree not to use, imitate, copy, or incorporate any service mark, trademark, trade dress, product name, company name or in a way that is likely to cause confusion among consumers. You also agree not to obscure, remove, or alter Peepel's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Peepel services or Software.

Limits of Liability

Under no circumstances will the Peepel be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise):

(a) loss of data;
(b) loss of revenue or anticipated profits;
(c) loss of business;
(d) loss of opportunity;
(e) loss of goodwill or injury to reputation;
(f) losses suffered by third parties; or
(g) any indirect, special, consequential or exemplary damages arising from the use of Peepel.com regardless of the form of action.

Peepel does not warrant that functions contained in Peepel.com content or applications will be uninterrupted or error free, that defects will be corrected, or that Peepel.com or the server that makes it available are free of viruses or bugs.



Disclaimer

Peepel Technology may provide links and pointers to Internet sites maintained by third parties. Neither Peepel Technology, its parent or subsidiary companies, nor their affiliates operate or control in any respect any products, information or services on these third-party sites. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Peepel Technology disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Peepel Technology does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including application, forums or the server that makes it available, are free of viruses or other harmful components. Peepel Technology does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not Peepel Technology) assume the entire cost of all necessary maintenance, repair, or correction.

Software and Automatic Updates

Your use of any Software provided by Peepel will be governed by these Terms and any additional terms and conditions of the End User License Agreement accompanying such Software. Peepel Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop Peepel services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions. PROPRIETARY RIGHTS

Proprietary Rights

Peepel's Rights

You acknowledge and agree that Peepel services and any necessary software used in connection with Peepel services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through Peepel services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Peepel or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Peepel services or Software, in whole or in part except as specifically authorized in a separate written agreement.

Subject to the Terms, Peepel grants you a non-transferable, personal and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) modify, copy, create a derivative work of, reverse assemble, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by Peepel in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Peepel services. You agree not to access Peepel services by any means other than through the interface that is provided by Peepel for use in accessing Peepel services except as specifically authorized in a separate written agreement.

Except as expressly authorized by Peepel you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Peepel's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Peepel services or Software.


Your Rights

Peepel claims no control or ownership over any Content posted, submitted, or displayed by you on or through Peepel services. You or a third party licensor, as appropriate, retain all trademark, patent and copyright to any Content you post, submit or display on or through Peepel services and you are responsible for protecting those rights, as appropriate. By posting, submitting or displaying Content on or through Peepel services which are intended to be available to the members of the public, you grant Peepel a non-exclusive, worldwide, royalty-free license to publish, adapt, reproduce, modify and distribute such Content on Peepel services for the purpose of distributing, displaying and promoting Peepel services. Peepel reserves the right to syndicate Content posted, submitted or displayed by you on or through Peepel services and use that Content in connection with any service offered by Peepel. Peepel furthermore reserves the right to refuse to post, accept, display or transmit any Content in its sole discretion.

You represent and warrant that you have all the power, rights and authority necessary to grant the rights granted herein to any Content submitted.



Termination

This agreement is effective until terminated by Peepel Technology, at any time without notice. In the event of termination, you are no longer authorized to access this system and the restrictions imposed on you with respect to material downloaded from the site or forums, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

You agree that Peepel has no liability or responsibility for the failure to store or deletion of any Content and other communications transmitted or maintained by Peepel services. You acknowledge that Peepel may have set no fixed upper limit on the number of transmissions you may send or receive through Peepel services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

Upon the termination of your use of Peepel services, Peepel will close your account and you will no longer be able to retrieve content contained in that account.


Acceptance of Terms and Conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, affirmations, conditions, representations, obligations and warranties set forth in these Terms and conditions, and to abide by and comply with these Terms and conditions. In any case, you affirm that you are over the age of 13, or if under 13 you have your parents permission .

Modifications to service

Peepel reserves the right at any time and from time to time to discontinue or modify, permanently or temporarily, Peepel services (or any part thereof) with or without notice. You agree that Peepel shall not be liable to you or to any third party for any suspension, modification, or discontinuance of Peepel services.

Advertisements

Peepel services are supported by advertising revenue and may display advertisements and promotions on the service. The mode, manner and extent of advertising by Peepel on its services are subject to change. As consideration for your use of Peepel services, you agree that Peepel may place such advertising and that Peepel shall not be liable or responsible for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on Peepel services or your subsequent dealings with advertisers.

General

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, unenforceable or invalid, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

These terms shall be governed by and interpreted in accordance with the laws of Queensland, Australia.

Waiver and Severability of Terms. The failure of Peepel to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Peepel services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section headings in the Terms are for convenience only and have no legal or contractual effect.


Peepel Technology Pty Ltd
PO Box 827
Toowong, 4066
Brisbane, Australia

Last Updated 20th March 2007