Contents and Hyperlinks
This website may contain hyperlinks to third-party websites. Those websites are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. Peeps has no control over the content or policies of such third-party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law. If you want to link to this website, please contact email@example.com before creating that link so the site may be previewed. Peeps expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. Text links are permitted upon approval.
Peeps is pleased to hear from its customers; however, we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except in compliance with the procedures outlined for idea submissions outlined elsewhere in this website. Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. Anything you disclose or offer to us by or through this website ("communications"), including e-mails to Peeps or postings on interactive portions of this website, shall be deemed and shall remain the property of Peeps. If you send us such communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information or to compensate you for the receipt or use of such communications. Peeps is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing and marketing products using such communications. By submitting communications to us through this website, e-mail or any means other than the procedures outlined elsewhere in this website, you hereby RELEASE Peeps from any liability under any legal theory in connection with the use, modification, sale or disclosure of any communications. By uploading or otherwise providing any communications to this website or Peeps, you hereby grant Peeps, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such communications for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded communications have been waived.
Interactive Areas and Code of Acceptable Conduct
Peeps does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas. We neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:
1. You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive,illegal or otherwise improper content.
2. You will not upload viruses or harmful components.
3. You will not use the website to further any illegal purpose or to violate the rights of any party.
4. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
Products, Services and Software
Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by Peeps or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble or otherwise reverse engineer the software. A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Peeps of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.
Notice and Procedure for making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. See our Procedure for Copyright Infringement Claims.
No Representations or Warranties
Peeps makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Peeps computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE, AND YOU AGREE TO HOLD PEEPS HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS." PEEPS DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PEEPS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PEEPS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
Jurisdiction and Choice of Law
Patents Trademarks and Copyrights
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of patent, trademark or copyright, of Peeps or any third party, whether by estoppel, implication or otherwise. All patents, trademarks and trade names are the property of their respective owners. Except as otherwise noted, Peeps is the owner of all patents, trademarks and service marks on this website, whether registered or not. All patents and registered trademarks are registered in the United States of America (or other applicable jurisdictions).
Questions about these terms and conditions may be directed to:
Manager of Licensing
8945 W 103rd St
Palos Hills, IL 60465
Procedure for Intellectual Property Infringement Claims
Notification must be submitted to the following designated agent: Service provider: Peeps, Inc.
Name of agent designated to receive notification of claimed infringement: Manager of Licensing.
Full address of designated agent to whom notification should be sent: 8945 W 103rd St, Palos Hills, IL 60465
Telephone number of designated agent: 708-935-4201
E-mail address of designated agent: firstname.lastname@example.org To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the intellectual property claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent or the law.
5. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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