Terms and conditions
We (the folks of Pepwher) run a local recommendation web site called Pepeats.com and a mobile application called Pepeats and would love for you to use it. Our basic service is free and designed to encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear in your pages (things like spam or hate content).
If you find a page that you believe violates our terms of service, please visit our contact page and let us know!
Terms of service
Please read this Agreement carefully before accessing or using the Website or the Mobile Application. By accessing or using any part of the Website or the Mobile Application, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website/Mobile Application or use any service. If these terms and conditions are considered an offer by Pepwher, acceptance is expressly limited to these terms. The Website and the Mobile Application are available only to individuals who are at least 13 years old.
- 1. Your Pepeats account If you create an account on the Website or on the Mobile Application, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website and the Mobile Application. You must not describe yourself in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Pepwher may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Pepwher liability. You must immediately notify Pepwher of any unauthorized uses of your account or any other breach of security. Pepwher will not be liable for any act or omission by you, including any damage of any kind incurred as a result of such act or omission.
- 2. Responsibility of Contributors If you post material to the Website/Mobile Application or otherwise make (or allow any third party to make) material available by means of the Website/Mobile Application (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By submitting Content to Pepwher for inclusion on the Website/Mobile Application, you grant Pepwher a word-wide, royalty-free and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Website/Mobile Application. If you delete Content, Pepwher will use reasonable efforts to remove it from the Website/Mobile Application, but you acknowledge that caching or references to the Content may not be made immediately unavailable. By making Content available, you represent and warrant that:
a. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
b. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
c. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end-users any required terms;
d. the Content does not contain or install any virus, worm, malware, Trojan horse or other harmful or destructive content;
e. the Content is not spam, is not machine-or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
f. the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
g. your spots are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
h. your spots are not written in a manner that misleads your readers into thinking that you are another person or company. For instance, your account name is not the name of a person other than yourself or a company other than your own;
- 3. Responsibility of Website visitors and Mobile Application users Pepwher has not reviewed and cannot review all of the material posted to the Website/Mobile Application, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website and the Mobile Application, Pepwher does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website or the mobile application may contain (unaware to its knowledge) content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. The Website and the Mobile Application may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pepwher disclaims any responsibility for any harm resulting from the use by visitors of the Website or by users of the Mobile Application, or from any downloading by those visitors of content there posted;
- 4. Content posted on other Websites We have not reviewed and cannot review all of the material, including computer software, made available through the websites and webpages to which Pepeats.com or the Mobile Application App link, and that link to Pepeats.com. Pepwher does not have any control over those non-Pepwher websites and webpages, and is not responsible for their content or their use. By linking to a non-Pepwher website or webpage, Pepwher does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Pepwher disclaims any responsibility for any harm resulting from your use of non-Pepwher websites and webpages.
- 5. Copyright infringement and DMCA policy As Pepwher asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to Pepeats.com violates your copyright, you are encouraged to notify Pepwher. Pepwher will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Pepwher will terminate a visitor’s access to and use of the Website and the Mobile Application if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pepwher or others.
- 6. Intellectual property This Agreement does not transfer from Pepwher to you any Pepwher or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pepwher. Trademarks, service marks, graphics and logos used in connection with the Website/Mobile Application may be the trademarks of other third parties. Your use of the Website/Mobile Application grants you no right or license to reproduce or otherwise use any Pepwher or third party trademarks;
- 7. Advertisements Pepwher reserves the right to display advertisements and promoted content on your spots;
- 8. Changes Pepwher reserves the right, as its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website and to the Mobile Application following the posting of any changes to this Agreement constitutes acceptance of those changes. Pepwher may also, in the future, offer new services and/or features through the Website and the Mobile Application (including the release of new tools and resources); such new features and/or services shall be subject to the terms and conditions of this Agreement.
- 9. Termination: Pepwher may terminate your access to all or any part of the Website and the Mobile Application at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pepeats.com account (if you have one), you may simply discontinue using the Website or the Mobile Application. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability;
- 10. Disclaimer of warranties The Website and the Mobile Application are provided “as is”. Pepwher and its suppliers and licensors hereby disclaim all warranties of any kind, express of implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pepwher nor its suppliers and licensors, makes any warranty that the Website and the Mobile Application will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website and the Mobile Application at your own discretion and risk;
- 11. Limitation of liability In no event will Pepwher or its suppliers or licensors be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) interruption of use or loss or corruption of data. Pepwher shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law;
- 13. Indemnification You agree to indemnify and hold harmless Pepwher, its contractors and its licensors and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising our of your use of the Website and the Mobile Application, including but not limited to your violation of this Agreement;
- 14. Miscellaneous This Agreement constitutes the entire agreement between Pepwher and you concerning the subject matter hereof, and they may be modified by a written amendment signed by an authorized executive of Pepwher, or by the posting by Pepwher of a revised version. Except if the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website/Mobile Application will be governed by the laws of the country of France, excluding its conflict of law provisions, and the proper venue for any dispute arising out of, or relating to any of the same, will be the courts of law located in Paris, France. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.