Terms of Service
Sneekpeek is a membership platform that helps connect fans with creators they love. Our mission is to put creators and fans first, and these terms attempt to do that. We know that most people skim through terms of use because they’re boring, but we have done everything we can to make this easy to get through. These are Sneekpeek’s Terms of Use, and they apply to all users of the Sneekpeek platform. “We,” “our,” and “us” refer to Sneekpeek, Inc. “Sneekpeek” refers to this platform and the services offered by us, including the Sneekpeek iOS app, the Sneekpeek Android app, Sneekpeek APIs, Sneekpeek embeds, www.SneekPeek.me , and sneekpeek's other websites. By using sneekpeek, you agree to these terms and to the other policies we post, including the Privacy Policy,Signup agreement,Trademark Policy, Community Guidelines and DMCA. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy and our Cookie Policy. We collect, use, and share information in accordance with those policies.
NOTE : THIS WEBSITE IS A NON NUDE PLATFORM. WE HAVE AN AI THAT DETECTS NUDITY AND YOU WILL BE BANNED IF YOU POST NUDE PICTURE OR VIDEO AS IT IS AGAINST OUR RULES AND REGULATIONS
BY USING OUR SITE YOU ACCEPT THESE TERMS
By using our site, you confirm that you accept these terms of use and that you agree to comply with them. We recommend that you print a copy of these terms for future reference.
If you do not agree to these terms,you must not use our site.
Any breach,or reasonably suspected breach, of these terms by you will entitle us to:
- Suspend your acoount
- Delete your account and prevent any further use by you of the site
- Commence legal proceedings against you, as may be appropriate
- Take steps to block access to the site from your IP address
DEFINITIONS
In this agreement, the following definitions apply:
“Content” means any material uploaded to Sneekpeek by any User (whether a Creator or a Fan), including any photos, videos, audio (for example, music and other sounds), livestream material, data, text (including comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material.
“Creator” means a User who has set up their Sneekpeek account as a Creator account to post Content on Sneekpeek to be viewed or purchased by other Users.
“Fan” means a User who follows a Creator and can view the Creator’s Content.
“Subscription” means a Fan’s subscription to a Creator’s account (whether paid or unpaid, and whether for one month or as part of a bundle comprising a subscription for more than one month).
“User” means any user on Sneekpeek , whether a Creator or a Fan or both (also referred to as “you” or “your”).
YOUR ACCOUNT
When you create an account, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account or otherwise use sneekpeek, you must be at least 13 years old and you must also be old enough to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do so on your behalf). You must be at least 18 years old or have your parent’s or legal guardian’s permission to have a creator page on sneekpeek or to purchase an offering or subscription on sneekpeek. You must be at least 18 years old to subscribe to an Adult/18+ creator or purchase an offering related to such a creator. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account.
Fans: To register and create an account on Sneekpeek as a Fan, you must provide a valid email address, a username, and a password, or authenticate using a valid social media account. If you desire to purchase content on Sneekpeek , you will need to add a valid payment method. Sneekpeek does not store any payment information.
Creators: To register and create an account on Sneekpeek as a Creator, you must complete the Creator registration process and be approved by the Company in our sole and absolute discretion. If you desire to sell content on Sneekpeek , you will also need to add a verified bank account (checking or savings) or other approved payment method, and submit additional legal information. Your earnings will be paid into your designated payment method via one of our payout processors. With exception to those Creators seeking payment via direct bank wire, which is stored by our third-party payout processors, Sneekpeek does not store any bank account information.
If you register as a Creator, you agree that we, or our contractors, are authorized to collect, store, and/or maintain certain biometric information including a retina or iris scan, fingerprint, voiceprint, or scan of your hand or face geometry from any Content or verification documents you provide to us.
User Certifications: By registering on Sneekpeek , you represent and warrant that:
all account registration, profile information and content you provide is your own information and the content is complete, truthful, and accurate;
you are fully responsible for any and all activities that occur on your account, and that you will log out of your account at the end of each session;
you will use particular caution when accessing your account from a public or shared computer so that others are not able to access, view, or record your password or other personal information;
you are responsible for keeping your login details confidential and secure, and you will immediately notify us at [email protected] if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security;
if you previously had an account with Sneekpeek , your previous account was not suspended or terminated by Sneekpeek for violation of these Terms;
you will not use any unauthorized third-party payment processors to accept payments for subscriptions, or any other service, via Sneekpeek ;
you register on Sneekpeek for your own personal use and you will not sell, rent, or transfer your account to any third party; and
if you are using Sneekpeek on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms.
Your Content: We may permit you to submit materials for publication on Sneekpeek . You represent and warrant that you own, have a valid license to, or otherwise control all rights in your User Content. You retain all ownership rights in your User Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content for the Company’s business (and the business of our successors), for the purpose of operating Sneekpeek and fulfilling the intent of these Terms. You hereby consent to (i) being depicted in any User Content you post on Sneekpeek , and (ii) allowing the Company to publicly distribute any User Content you post on Sneekpeek . You also grant each of our Users a worldwide, nonexclusive, royalty-free license to access such content with the facilitation of Sneekpeek , subject to any limitations related to any purchases of or subscriptions to such content, and to use, reproduce, display, and perform your content but only to the extent necessary to comply with these Terms.
We agree not to reproduce any of your content that is behind a paywall. Except for personally identifiable information covered under our Privacy Policy, User Content is not considered confidential, and may be displayed on Sneekpeek in accordance with these Terms. We have no obligation regarding your User Content. However, we agree that any use or publication of your content will be consistent with these Terms. You warrant that you maintain written releases from any person depicted in your User Content confirming that such person consented to the recording and publication of such content on Sneekpeek , and that your User Content does not violate any rights of any third parties. You will provide copies of any necessary releases, licenses, or ownership documents to us at our request. You are solely responsible for your User Content and the consequences of posting your User Content to Sneekpeek .
ADULT-ORIENTED MATERIAL
Agreement to View Adult Material. The Website is designed and intended solely for adults who are interested in and wish to have access to visual images, verbal descriptions, and audio sounds of a sexually oriented, and frankly erotic, nature. The material available on the Website include graphic visual depictions and descriptions of activity and is prohibited to be accessed by anyone under the legal age in their respective jurisdiction or by those who do not wish to be exposed to that material. If you do not meet these requirements, you must not access the Website and must leave now. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing this Website in a way that places you in breach of any contract you have with a nonparty (for example, your employment contract) or in breach of any law.
You are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which we provide for informational purposes only and do not endorse.
Child Sexual Abuse Material (CSAM) Prohibited. We prohibit material involving minors on the Website. We only allow visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in activity on the Website or that is otherwise exploitative of children, please promptly report this to us at [email protected] . Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We cooperate with any law enforcement agency investigating alleged child exploitation or child sexual abuse material.
Prostitution and Sex Trafficking Prohibited. We prohibit using the Website or its interactive services in any way to engage in, take part in, aid, support, promote, ask for, or ease any act of prostitution of another person or sex trafficking of another person. This prohibition includes using the Website or its interactive services to share personal contact details or arrange face-to-face meetings. If you see any evidence of this on the Website, please promptly report this to us at [email protected] . Please include with your report all evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We will terminate the account of any person engaging in any prostitution or sex trafficking. We will report all individuals suspected of promoting or facilitating the prostitution of another person or sex trafficking to the appropriate law enforcement agency. We will cooperate with any law-enforcement agency investigating prostitution or sex trafficking.
REDEEMABLE POINTS
(You can insert the necessary information about the redeemable points here as instructed by you )
ABUSIVE CONDUCT
To summarize: Be responsible and don’t violate our terms or policies.
You are responsible for all activity on your account. If you violate our terms or policies, then we may terminate your account. Don’t do anything illegal, abusive towards others, that abuses Sneekpeek in a technical way, or that exploits Sneekpeek in an unintended manner that is detrimental to us, like using Sneekpeek as a storage platform. If you are a creator earning money on Sneekpeek , we may be exposed to risk based on what you do with those funds. As a result, we may also look at what you do outside of Sneekpeek . You can find more detailed information in the Community Guidelines. These terms and our policies cover most issues, but, if you find a new and creative way to hurt Sneekpeek or our community, we may take action to prevent it.
INTELLECTUAL PROPERTY RIGHTS
Ownership. Sneekpeek owns and operates the Website. All content, features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, “Materials”) are owned by Sneekpeek , its licensors, or other providers of those Materials. United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Website.
License Grant. Sneekpeek hereby grants you a single, limited, personal, nontransferable, nonsublicensable, nonexclusive license (i.e., a personal and limited right) to access and use the Website and the Materials for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:
Your computer may temporarily store copies of the Materials in RAM incidental to your accessing and viewing those Materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
You may view or download (where enabled) any Content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
If we provide social media features with certain content, you may take those actions as are enabled by those features.
License Restrictions
You must not:
Download any Materials unless the Website itself gives you that option.
Modify copies of any Materials from the Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the Website.
You must not access or use any part of the Website or the Materials available through it for any commercial purposes unless we agree otherwise in writing.
If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use the Website will terminate immediately, and you must, at our option, return or destroy any copies of the Materials you have made. No interest in the Website or any Materials on the Website is transferred to you, and Sneekpeek reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
Trademarks.
The term SNEEKPEEK; the Website’s logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Website’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of Sneekpeek, its affiliates, or licensors. You must not use those marks in whole or in part with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or in any way that disparages or discredits us, without first obtaining our written permission. Any use of these marks must be under any guidelines that we may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Website are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information—by trade name, trademark, manufacturer, supplier, or otherwise—does not constitute or imply our endorsement, sponsorship, recommendation, or any other affiliation.
PROHIBITED USES
You must use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:
- In any way that violates any federal, state, local, or international law or regulation (including any laws about exporting data or software to and from the US or other countries).
- To exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
- To harass or stalk any person.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this agreement.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or try to impersonate us, a Sneekpeek employee, another User, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as we decide, may harm our Website’s Users or us or expose them or us to liability.
- Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real-time activities through the Website.
- Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Website or any services provided through, or concerning, the Website. This includes using (or permitting, authorizing, or attempting to use): (i) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, record, or republish any part of the Website or any data, content, information, or services accessed through the Website; or (ii) any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes but is not limited to patterns, trends, and correlations.
- Use any manual process to monitor or copy any of the Materials or any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise try to interfere with the Website’s proper working.
PURCHASES AND SUBSCRIPTIONS
In General. The Sneekpeek is a marketplace that allows Fans to purchase access to Content or other services offered by Creators. All transactions and interactions facilitated by us are contracts between the Fan and the Creator governed by the Agreement between Fan and Creator. Although we facilitate transactions and interactions between Fans and Creators by providing the Website, storing Content, and acting as a payment intermediary, we are not a party to the Standard Agreement between Fan and Creator or any other agreement that might exist between a Fan and a Creator, and we are not responsible for any transactions or interactions between Fans and Creators. Creators are solely responsible for determining (within the Website’s pricing parameters) the pricing applicable to transactions and interactions and the Content to which a Fan may access or purchase.
BILLING TERMS
Charges to Your Account: You agree to pay any and all fees or account charges related to your account, including any and all fees or account charges related to purchases of subscriptions, content, tips, or any other purchases and/or upgrades associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement for our services may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for any and all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of your account.
Automatic Renewal: We may utilize an automatic rebilling cycle in accordance with your selected payment method and any purchases associated with your account.
Third Party Payment Processing:We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with the Site and/or Services. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
Changes to Your Billing Information: You must promptly inform our third-party billing agent of all changes, including changes in your address and changes in your credit card used in connection with billing and/or payment for the Site and Services, if applicable. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site and Services, as well as subjecting you to criminal and civil liability. You are responsible for any credit card charge backs or dishonored checks, however we agree to cover any additional costs incurred through our third-party payment merchants.
Changes to Our Billing Methods: We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature(s) or service(s), with or without prior notice to you.
Refunds: We reserve the right to address any refund request in our sole discretion. **Please note that cancelation of subscription during the course of the subscription period does not entitle you to a refund of the remainder of the subscription period;you will continue to have access to the Site, the Services, and the feature associated with the subscription for the remainder of the current subscription period.
Billing Errors: If you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in this Agreement.
Chargeback Policy : You must not make unjustified chargeback requests of your payment card provider for any transaction between you and a Creator. Chargebacks are initiated when individuals reach out to their financial institutions to dispute a transaction. To protect Creators, we will review excessive and potentially fraudulent chargebacks and may prohibit you from making additional purchases during that review. If we determine that any chargeback request is fraudulent or was made by you in bad faith, we may suspend or remove your account or any future account you create.
Stolen Cards and Fraudulent Use of Credit Cards: We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.
INDEMNIFICATION
“Loss”means a monetary amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can arise from a tangible or intangible detriment;from bodily injury, property damage, or other causes;can be based on tort, breach of contract, or any other theory or recovery;and includes incidental, direct, and consequential damages.
A loss is “caused by”an event if the loss would not have occurred without the event, even if the event is not a proximate cause of the loss.
Legal Defense of a Claim: We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. We reserve the right to select legal counsel of our choice, for any claims subject to indemnification. You and we must cooperate with each other in good faith on a claim.
No Exclusivity:Our rights under this section do not affect other rights we might have
MODIFICATIONS AND INTERRUPTIONS TO SERVICE
You acknowledge that we do not guarantee continuous, uninterrupted, or secure access to this Site and numerous factors or circumstances outside of our control may interfere with or adversely affect our operation of this Site. Nor do we guarantee that you will be able to access or use all parts of this Site. You understand that we will have no liability to you for any inaccessibility, including liability to issue a refund or any other transaction reversal because of inaccessibility. We may suspend access to this Site temporarily and without notice for system failure, maintenance, repair, or reasons beyond our control. We reserve the right to modify or discontinue this Site with or without notice to you. We will not be liable to you or any third party if we exercise our right to modify or discontinue the Site. We may immediately suspend, terminate, or block your access to this Site if we reasonably believe that you have violated this Agreement.
WARRANTY DISCLAIMERS
We provide you access to this Site and its content “as is,”“with all faults,”and “as available.”You assume the entire risk for satisfactory quality, performance, accuracy, and effort. We make no warranty that the Site or any content will meet your needs or requirements. We disclaim all warranties—express, statutory, or implied—including warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to the Site will be uninterrupted, error-free, or that content loss will not occur, to the greatest extent provided by applicable law. There are no warranties of any kind that extend beyond the face of this Agreement or that arise because of course of performance, course of dealing, or usage of trade.
We do not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by another person through the Site or any linked website, or featured in any banner or other advertising. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
The Site may contain errors, omissions, inaccuracies, or outdated information. We do not warrant the reliability of any statement or other information displayed or distributed through the Site. We reserve the right to correct any errors or omissions in any portion of the Site.
RELEASE AND DISCLAIMER OF LIABILITY
You acknowledge that we will not be liable to you for user submissions or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user submissions or the conduct of any person. You discharge, acquit, and otherwise release us, our employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of the Site including claims relating to the following:
Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, revenge porn law violations, any financial loss not due to the fault of the Site, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Site, unavailability of the Site, its functions and/or Services and any other technical failure that may result in inaccessibility of the Site, or any claim based on vicarious liability for torts committed by individuals met on or through the Site and Services, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of the Site, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
We expressly disclaim any liability or responsibility to you for any of the following:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage of any nature resulting from your access to and use of the Site;
- Any information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal;
- Any third party’s unauthorized access to or alterations of your account, transmissions, or data;
- Any interruption or cessation of transmission to or from the Site;
- Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through the Site by any person;
- Any incompatibility between the Site and your other Services, hardware, or software;
- Any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with the Site;or
- Any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Site.
SCOPE OF DISCLAIMERS
The disclaimers, exclusions, and limitations contained in this Agreement apply to the maximum extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you. It is your responsibility to determine the extent to which the disclaimers, exclusions, and limitations contained in this Agreement may be applied to you. Please note that nothing in this Agreement is intended to benefit any particular third party, and only the parties hereto shall have standing to enforce any term of this Agreement.
ACCOUNT DELETION
We can terminate or disable your account at our sole discretion.You can permanently delete your account at any time by going to our Privacy Center. We can terminate or suspend your account at any time at our sole discretion. We can also cancel any membership subscriptions and remove any descriptions, posts, offerings, or benefits at our sole discretion. You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys’ fees and costs. These terms remain in effect even if you no longer have an account.
LIMITED TIME TO BRING CLAIMS
A party to this Agreement must bring any claim that party may have against the other party that arises out of this Agreement or the Site within one (1) year after the claim arises. If a party fails to bring any claim that party may have against the other party within this one (1) year period, the claim is permanently barred.
DISPUTE RESOLUTION
Venue and Jurisdiction: Except for disputes subject to arbitration, all disputes arising under this Agreement or regarding the Site will be subject to the exclusive jurisdiction and venue of the court in California. The parties submit to the personal jurisdiction of the courts in California to resolve all disputes not subject to arbitration. The parties agree that the exclusive venue and forum to resolve all disputes will be in the court in California and waive any right to seek another venue because of improper or inconvenient forum. The parties agree that the Site will be deemed to be based in California, and that the Site will be further deemed a passive online service provider that does not give rise to personal jurisdiction over the Site, either specific or general, in any other jurisdiction. Nothing in this Agreement shall be construed as an admission or concession that the laws of any other jurisdiction applies to the Site, or to this Agreement.
Waiver of Jury Trial: Both parties agree that as part of their consideration for this Agreement, they waive the right to a trial by jury for any dispute arising between the parties related to the subject matter of this Agreement. The parties further agree that this waiver will be enforceable up to and including the day that trial is to start.
Class Action Waiver:Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
Right to Injunctive Relief: Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation if the other party violates this Agreement, and that an aggrieved party may seek injunctive relief if a violation occurs, in addition to seeking all other remedies available at law or in equity.
GENERAL PROVISIONS
- Amusement Purposes:You understand and accept that our Site and Services is an entertainment and recreational service. Any user accessing our Site in an effort to engage in or facilitate illegal or tortious activities may be banned and reported to the appropriate law enforcement agency. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in this Agreement.
- Suggestions:We appreciate and welcome any suggestions that you may have to improve the Site. You may send us any suggestions by contacting us. You agree that we can use any idea or suggestion you give to us royalty-free, worldwide, assignable, and in perpetuity without any attribution or compensation to you. We have no obligation to keep any suggestion you submit to us confidential, regardless of any contrary notations in transmissions to us.
- Third-Party Links:This Site may contain links to other websites operated by other entities that are completely independent from us. These linked websites are not under our control and we are not responsible for their contents or links. Including a link on this Site does not imply our endorsement of any linked website or its contents. You assume the risk of accessing any third-party site that might be linked to the Site. If you access any of these linked websites, you will leave this Site. If you decide to visit any linked website, you do so at your own risk and subject to any user agreements or policies posted on or governing the use or access of such websites. We encourage you to review the user agreements and policies posted on all linked websites. Regardless, it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We disclaim any liability (direct or indirect) to you for any loss caused by your use or reliance on the content or services available on or through any linked website. You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding the links, content, or services on those websites.
- Abuse Warning: This Site operates as an interactive computer service platform and permits individuals to communicate with each other in various ways. As with any human interaction, some individuals may seek to abuse the Site, and its networking Services, to annoy, harass, defraud, or otherwise harm other users. We do not tolerate such abuse, and any user engaging in such conduct risks termination and potential civil or criminal liability. This notification shall serve as a warning to our users of the potential for misuse of our Services. We urge you to use common sense when interacting with individuals through the Site, and to report any instances of misconduct to customer support.
- Entire Agreement: This Agreement and any other legal notice or agreement published by us on the Site, forms the entire agreement between you and us concerning your use of the Site. It supersedes all prior terms, understandings, or agreements between you and us regarding use of the Site. A printed version of this Agreement and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of this Agreement shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Modifications: We may modify this Agreement on one or more occasions. Changes will become effective on the effective date noted at the top of the modified Agreement. It is your responsibility periodically to check the Site to review the most current Terms of Use Agreement. While we will try to notify you of any changes to this Agreement, we do not assume an obligation to do so. By continuing to use the Site after we post changes to this Agreement, the modified terms will bind you even if you have not actually read them. If you do not agree to the changes, your exclusive remedy is to stop accessing the Site.
- Assignment and Delegation: We may assign any rights or delegate any performance under this Agreement without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
- Severability: If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
- Cumulative Remedies:All rights and remedies provided in this Agreement are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
- Successors and Assigns:This Agreement inures to the benefit of, and is binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under this Agreement.
- Force Majeure:We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;pandemics;war, riot, arson, embargoes, acts of civil or military authority, or terrorism;fiber cuts;strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;failure of the telecommunications or information Services infrastructure;hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance;and unlawful acts of our employees, agents, or contractors. Expenses and Costs of Enforcement:If a court or tribunal of competent jurisdiction determines that a party violated this Agreement, then subject to the terms of Section (Limitation of Liability and Exclusion of Damages) of this Agreement, the breaching party will reimburse the non-breaching party for all actual costs and reasonable attorneys’fees incurred in enforcing this Agreement.
- Change of Address: Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
- When Notice is Effective:Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, and/or recipient for any notice hereunder.
- Refused, Unclaimed, or Undeliverable Notice :Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.
- Authorization and Permission to Send Emails to You: You authorize us to email you notices, advertisements, and other communications, including but not limited to emails, advertisements, and notices. You understand and agree that such communications may contain adult oriented material, content and language, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.
- Electronic Signatures:You agree to be bound by any affirmation, assent, or agreement you transmit through this Site. You agree that when in the future you click on an “I agree,”“I consent,”or other similarly worded “button”“check box”or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
- English language: We have written this Agreement and our associated Site policies in the English language. You are representing your understanding and assent to the English language version of this Agreement as it is published. We are not liable to you or any third party for any costs or expenses incurred in translating this Agreement. In the event that you choose to translate this Agreement, you do so at your own risk, as only the English language version is binding.
- Parental Controls Notice: You acknowledge your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. You are hereby informed that you can research such services by typing the words “parental controls”or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing our Site or the content received via our Services if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted content on our Site or Services from being displayed or accessed by your children or wards.
PRIVACY
Sneekpeek may seek your permission, to give other websites or services the ability to verify information about your Sneekpeek account or perform actions on your behalf. This permission is asked for when you connect your Sleekpeek account to these other websites or services. You can learn more in our Privacy Policy.
MISCELLANEOUS
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Creator regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part,by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughoutthese Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.