Thank you for
your interest in and use of our products, services, software, and the content
contained or accessible therein (the “Services”). Peakment Digital as
Peakment Dijital Danışmanlık Reklam Yazılım ve Ticaret LTD ŞTİ. (“Peakment“,
“we“, “us“, or “our“)
provides these Services to you (“you” or “your“),
“Agreement“). This Agreement is a binding legal agreement
between you and Peakment. Please read the terms and conditions of this
Agreement carefully before using our Services. The Services and all data,
design, text, images, graphics, including all arrangements thereof, contained
therein are proprietary, confidential, and are licensed to you under this
Agreement, not sold to you. By accessing or otherwise using any portion of the
Services, you agree to be bound by the terms of this Agreement. If you are not
willing to be bound by the terms of this Agreement, you may not access or
otherwise use any portion of the Services.
1. Ability to Use the Services.
In order to
accept this Agreement and to use the Services, you must be a resident of an
Authorized Jurisdiction and be at least 18 years of age, or if you have
parental consent, at least 13 years of age in all other Authorized
Jurisdictions (“Minimum Age“). The Services are not intended
for users under the Minimum Age. You hereby affirmatively represent that (a)
you are at least the Minimum Age in the applicable Authorized Jurisdiction; (b)
you have the consent of your parent(s) to use the Services if you are under 18
years of age; (c) you have all the applicable rights and authority to grant Peakment
the rights granted herein; and (d) you have read, understood, and agree to be
bound by this Agreement. If you are not at least the Minimum Age, do not have
parental consent, or you do not agree to all the terms and conditions of this
Agreement, you may not use the Services.
policy explains the data we collect, use, store, and process while you use
and access our Services. By using our Services, you have read, understood, and
3. Compliance with Policies.
While using the
Services, you agree that you will comply with all posted policies, including
our term of use. as we may update from time to time. We may suspend or
stop providing you with access to the Services if you fail to comply with our
4. Additional Terms and Conditions.
Some of the
Services we offer may require additional terms and conditions. We will make
those additional terms and conditions available to you with the relevant
Services. If you use those Services, the terms and conditions that apply will
become part of this Agreement between you and us.
5. Changes in Terms.
We may modify
this Agreement from time to time. If we make material changes to the Agreement,
we will notify you by email or through a message posted on the Services. You
agree that such modified Agreement will be effective thirty (30) days after our
notice to you, except for changes that relate to new features or for legal
reasons, which will become effective immediately. Your continued use of the
Services after our provision of notice to you will constitute your affirmative
acceptance to the modified Agreement. If you do not agree to, or cannot comply
with, the Agreement as amended, you must stop using the Services.
6. Your License to Use the Services.
Subject to the
terms and conditions of this Agreement and your payment of any required fees
(if applicable), Peakment hereby grants to you a limited, revocable,
non-exclusive, non-transferable, non-sublicensable license to access the
Services in an Authorized Jurisdiction, and otherwise view and use the Services
to the extent permitted by its intended functionality, for your own individual
personal, non-commercial purposes and not for the sublicense to or use by third
parties. You may only access and/or use the Services through the certified
applications or intended methods that Peakment or our licensed partners make
available to you. Any access or use of our Services through an application,
service, or method provided by a party other than Peakment or one of our
licensed partners is strictly prohibited, outside the scope of the license
granted herein, and may subject your account to termination and other legal
action. Any other use not authorized herein, or by Peakment in writing, is
strictly prohibited and a violation of this Agreement. Peakment may revoke
and/or terminate the foregoing license with respect to any aspect of the
Services at any time, for any or no reason.
Restrictions. Except as otherwise specifically
permitted in this Agreement, you shall not: (a) modify, download, intercept, or
create any derivative works of the Services, including any translations or
localizations thereof; (b) access or use the Services through an application or
means not authorized by Peakment; (c) copy, store, edit, change, exploit,
download, prepare any derivative work of, or alter in any way any of the
content made available through the Services; (d) license, sell, rent, lease,
encumber, transfer, assign, distribute, disclose, post, make available, permit
time sharing or simultaneous use of, or otherwise exploit the Services to or
for the benefit of any third party; (e) reverse engineer, decompile,
disassemble, or otherwise attempt to derive the source code, algorithms,
underlying ideas, or structure or organization of the Services; (f) remove or
alter any trademark, logo, copyright or other proprietary notices, legends,
symbols, or labels on the Services; (g) publish or provide any results of any Services,
in whole or in part, aggregated or otherwise, to a third party without Peakment’s
prior written consent; (h) provide your username and password used to access
the Services to any third party; (i) use any systems or means, automated or
otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of
the Services; (j) circumvent any technological measures employed by or on
behalf of Peakment to protect the Services; (k) use any other technologies or
initiate any other activities that may harm the Services, or the interests or
property of Peakment or other users of the Services; or (i) aid or encourage
any third party to engage in any activity that would constitute a breach of
ANY USE OF THE
SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY
7. Authorized Jurisdictions.
the Services available in the United States of America and its territories
(each, an “Authorized Jurisdiction“, and collectively, the
“Authorized Jurisdictions“). We may add or remove countries
and/or territories from the list of Authorized Jurisdictions at any time and
without any notice, liability, or obligation to you with respect to each such
territory. Use of the Services outside of the Authorized Jurisdictions is strictly
prohibited, outside the scope of the license granted herein, and may subject
your account to termination and other legal action.
8. Communication Preferences and Consent.
From time to
time we may send you communications to the email address associated with your
account. These communications may include, but are not limited to, tips and
station recommendations, special offers, and other account-related or
transactional messages. Also, when you create a station, you may receive
communications from or related to artist(s) associated with that station by or
on behalf of Peakment.
our mobile and tablet applications may, in some circumstances, offer the
ability for you to receive push notifications in connection with those
applications. If you would like to modify your ability to receive push
notifications from our applications, you can control those settings within the
settings or preferences apps of each respective device. By accepting this
Agreement and using the Services, you expressly consent to the receipt of all
such communications from or on behalf of Peakment. You may modify your
communication preferences at any time within the Settings section of our
website or applications. You may not opt-out of receiving account-related or
If you elected
to have an advertiser contact you through Third Party Ads displayed on the
Services, your Peakment communication preferences will not affect your receipt
of those advertiser-provided communications.
9. Peakment for Business.
Use of the
Services in a business establishment requires a special license to a separate
service that is provided by our partner Mood Media (“Peakment for
Business“). You may only use the Services in an Authorized
Jurisdiction for business use if you have met all of the following conditions:
(a) You must maintain an active account with
both Peakment and Mood Media; and
(b) You must be
current on all required payments. Peakment for Business is a paid service.
Your right to
use the Peakment for Business service may be terminated by either Mood Media or
Peakment if you fail to comply with any applicable Mood Media Terms or this
Agreement. In the event of a conflict between this Agreement and the Mood Media
Terms, the Mood Media Terms will control solely with respect to the use of the
Services in a business environment.
USE OF THE SERVICES NOT SPECIFICALLY PERMITTED IN THIS SECTION IS STRICTLY
PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF YOUR RIGHT TO USE THE
10. Explicit Content.
PROVIDE MANY FORMS OF ENTERTAINMENT CONTENT, SOME OF WHICH YOU MAY CONSIDER
INAPPROPRIATE FOR THOSE UNDER THE AGE OF 18. THIS ENTERTAINMENT CONTENT MAY
CONTAIN LYRICS, SPEECH, VISUAL IMAGES, OR OTHER MEDIA THAT INCLUDES STRONG
LANGUAGE, OR DEPICTIONS OF VIOLENCE, SEX, OR SUBSTANCE ABUSE (“EXPLICIT
CONTENT“). PARENTAL DISCRETION IS ADVISED FOR ALL USERS OF THE
SERVICES UNDER THE AGE OF 18.
provides an Explicit Content feature that, when enabled, will filter Explicit
Content on the Services. You can enable this feature in the Account Settings
section of the Services. You can also find out more about this explicit content
feature by visiting peakment.com
11. Content Selection and Functionality of the Service.
rely primarily on the Music Genome Project and your selections and interactions
with the Services to select the content that we display and perform, there are
many factors that influence our ability to provide certain content and
services, such as licensing restrictions and content costs. Peakment reserves
the right in its discretion to select, display, and perform content based on a
number of different factors, including but not limited to licensing and
contract restrictions and requirements, territorial limitations, industry
trends, and content cost and availability. We strive to provide you with the
best possible experience, and keep your tastes in mind when we select content
to display and perform. However, in order to provide the Services, Peakment
must reserve the right to alter, change, modify, or terminate any services,
content or application functionality at any time, with or without notice to
12. Listening Activity & Behavior.
When you use the
Services, we keep track of your listening activity, including the number and
titles of songs to which you have listened, the songs, albums, or artists that
you like (thumb up) or dislike (thumb down), the stations you create or listen
to, the songs you skip, and how frequently and for how long you listen to the
stations in your station list. We may also keep track of your interactions with
the Services, which may include the features you use, the advertising in which
you see or show interest, and the content you view. We do this for a variety of
reasons, such as to gain an understanding of the types of music, content, or
features you and/or other similar listeners tend to like or dislike, for
compensating artists and other rightsholders for use of their content, to
provide you with relevant and interesting advertising, and to improve the
Services generally, which includes enhancing our music selection algorithms in
an effort to provide you and other listeners with the music most suited to your
tastes. As this data is essential to the function of the Services, you may not
opt out of our collection and use of such data or information. By accessing or
otherwise using any portion of the Services, you hereby consent to the
foregoing collection and use of your listening activity and behavior for the
13. Advertising Content.
may present advertisements for or links to third party websites, products,
and/or services (“Third Party Ads“). We are not responsible
for the availability of these Third Party Ads, or the images, messages, or
other materials contained therein. Neither Peakment nor any of its affiliates
will be liable for any errors in content or omissions in any Third Party Ads,
nor responsible for any losses or damages of any sort incurred as a result of
your participation with, use of, or reliance on the Third Party Ads, including
any goods, products, or services offered by such Third Party Ads.
Peakment is not
obligated to provide technical support under the terms of this Agreement, and
provides no assurance that any specific errors or discrepancies in the Services
will be corrected. Peakment may alter the availability of any feature of the
Services, or impose new limitations on your use of the Services, at any time
with or without notice, liability, or obligation with respect to such feature
or limitation. In certain circumstances, such as in the case of a security
problem, we may require you to install an update in order to continue using the
Services. In order to provide the best quality Services to all of our users, we
monitor the Services to detect and prevent fraud and abuse. We may, in our sole
discretion, terminate your account and your access to the Services should we
determine it is associated with fraudulent or abusive activities as it relates
to the Services. Further, we reserve the right to pursue legal action in connection
with fraudulent or abusive activities.
When using the
Services, we may permit you to store data, preferences set by you, content or
other information for your convenience, but we are under no obligation to
retain any such data, preferences, content or other information that you may
have stored and will not be liable for the deletion of any such information.
15. Payment, Fees, and Other Charges.
If you elect to
access any paid component of the Services, such as becoming a subscriber, you
agree to pay all fees and charges associated with that paid component on a
timely basis. Unless otherwise stated, all fees and charges are due and payable
in advance, are non-refundable, and are exclusive of any applicable federal,
state, or local taxes. All such fees and charges (including any taxes and late
fees, as applicable) will be charged to the payment method you provided when
you elected to access that paid component of the Services. You agree to
maintain a valid payment method during the term of your use of such Services.
Use of the
Services may involve transmission of data through your carrier or service
provider’s network. You are responsible for all carrier, text/SMS, data, or
other related fees or charges you incur from your carrier or service provider
in connection with, or related to your use of the Services. Peakment assumes no
liability or responsibility for the payment of any charges you may incur.
16. Intellectual Property.
As between you
and Peakment, you acknowledge that Peakment retains all rights, title, and
interest in and to all copyrights, trademarks, trade secrets, patents, and any
other proprietary rights in the Services, the software and application
programming interfaces (APIs) comprising the Services, and all content therein.
Peakment, its logo, P, Music Genome Project, Comedy Genome Project, and the
“Lights” design, as well as certain other Peakment trademarks,
service marks, graphics, and logos, are the registered trademarks or trademarks
of Peakment. The Services may also contain third-party trademarks, service
marks, graphics, and logos. The Services are owned and/or licensed by Peakment
and are protected by the laws of the United States and other countries in which
the Services are made available. You agree to prevent any unauthorized copying,
use, or distribution of the Services. Except as expressly provided herein, Peakment
does not grant any express or implied right to you under any Peakment-owned or
licensed copyrights, trademarks, trade secrets, patents, or other proprietary
samples are provided courtesy of iTunes.
17. Submissions & Feedback; Your Content.
fortunate to have a vibrant and active user community that shares our passion
for innovation, and our drive to constantly improve our Services. While our
employees continually strive to develop and evaluate our own ideas, we pride
ourselves on paying close attention to the feedback, comments, and suggestions
we receive from our listeners. By submitting any ideas, feedback and/or
proposals to Peakment regarding the Services (“Feedback“), you
expressly acknowledge and agree that: (a) Peakment is not under any obligation
to you, including any obligation of payment of compensation or confidentiality,
with respect to the Feedback; and (b) Peakment may freely use, assign,
transfer, distribute, exploit, and further develop and modify the Feedback for
any purpose. To the extent any copyright or other intellectual property
ownership interest vests in you with respect to the Feedback, you hereby grant Peakment
a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable,
sublicensable, and perpetual right and license to make, use, copy, sell,
distribute, otherwise exploit, and create derivative works of the Feedback.
Further, you irrevocably release Peakment from any and all liability and claims
that may result from or are related to the rights to the Feedback.
separately licensed or as authorized under an applicable statutory licensing
scheme, if you elect to upload or provide written, photographic, or other
audiovisual content to Peakment in connection with your use of the Services or
participation in a Peakment-sponsored campaign (“Your Content“),
you hereby grant Peakment a non-exclusive, transferrable, sublicensable,
perpetual, irrevocable, fully paid up, royalty-free, worldwide right and
license (but not the obligation) to use, archive, stream, copy, distribute,
publicly perform, create derivative works of, transmit, and otherwise exploit,
in whole or in part, Your Content, in any manner or medium now known or
hereafter devised. This exploitation may include, without limitation, use of
Your Content to endorse Peakment or third-party products and services.
Additionally, you further grant Peakment a non-exclusive, transferrable,
sublicensable, perpetual, irrevocable, fully paid up, royalty-free, worldwide
right and license to exploit your name, likeness, personality, voice, and any
other materials or information you provide to Peakment in connection with Your
irrevocably waive any and all rights to seek or obtain any injunctive or other
equitable or compensatory relief against Peakment for its use or exploitation
of Your Content as licensed herein, as well as any claims under “moral
rights” or similar theories. You agree that Peakment enabling you to
provide us with Your Content is adequate and sufficient consideration for our
use of Your Content, you will not receive any additional consideration or
compensation for Peakment’s exploitation of Your Content, and Peakment has no
obligation to use any of Your Content.
Other than as
provided in this Agreement, you will retain ownership of all rights in Your
18. Export Control and Legal Compliance.
and warrant that you are not (a) located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country; and (b) listed on any U.S. Government
list of prohibited or restricted parties.
19. Disclaimers; Limitations of Liability.
JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT
APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS,
THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
(INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND
PROVIDED “AS IS” AND “AS AVAILABLE”. ANY USE OF THE
SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, PEAKMENT DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
PEAKMENT MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE
FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE,
HACKING, OR OTHER SECURITY INTRUSION, OR WILL NOT CONTAIN CONTENT YOU DEEM
OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AND PEAKMENT DISCLAIMS ANY
LIABILITY RELATING THERETO. PEAKMENT MAKES NO GUARANTEES, REPRESENTATIONS, OR
WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES WILL MEET
YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN
LIABILITIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY
PROHIBITS SUCH EXCLUSIONS OR LIMITATIONS, THOSE SUCH EXCLUSIONS OR LIMITATIONS
SET FORTH BELOW MAY NOT APPLY TO YOU.
CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR
DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES
WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE
SERVICES AT ISSUE WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE
OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE
AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF
WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER
TORTS. IN NO EVENT SHALL PEAKMENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES,
OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED,
EVEN IF PEAKMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
You agree to
defend (at our option), hold harmless, and indemnify us from and against all
third party claims and all liabilities, assessments, losses, costs, or damages
resulting from or arising out of (a) your alleged or actual breach of this
Agreement, including your express representations and warranties; (b) your use
or misuse of the Services; and (c) your alleged or actual infringement or
violation of the rights of a third party, including without limitation any
intellectual property rights, rights of publicity, and rights of privacy.
21. Term and Termination.
Subject to the
terms of this section, this Agreement will remain in effect for as long as you
use the Services. We may terminate this Agreement and your access to the
Services at any time and for any reason by providing notice to the email
address you provided us. Upon any termination of this Agreement, the rights and
licenses granted to you hereunder, including your ability to access and use the
Services, will immediately terminate, and you shall immediately cease using any
and all materials and other similar content in your possession or control that
are proprietary to Peakment. You agree that we will have no liability to you
for any costs, losses, damages, or liabilities arising out of or related to the
termination of this Agreement. Any provision of this Agreement that should, by
its nature, survive termination of this Agreement will survive its termination.
Such provisions include, but are not limited to sections 1-4, 7, and 11-27.
We may post
notices to you within the Services. We may also send you notices about products
and services to the email address you provided us. You hereby consent to
receive notice from us through the foregoing means, and you are deemed to have
received such notices at the latest within two (2) business days from us
posting or sending a notice. You are responsible for keeping your account
information, including your email address, up to date. Peakment assumes no
liability nor any responsibility for any consequences resulting from your
provision or use of outdated, incomplete, or inaccurate information in
connection with the Services. Except as otherwise provided for herein, any
notices required to be delivered to Peakment under this Agreement may be
delivered via first class registered U.S. mail, overnight courier, or personal
service to Peakment Media, LLC, Attn: Listener Support Team, 2100 Franklin St,
7th Floor, Oakland, CA 94612, with a copy to Peakment Media, LLC, Attn: Peakment
Legal Department, 2100 Franklin St, 7th Floor, Oakland, CA 94612.
assign this Agreement or delegate any of our rights or obligations hereunder,
or any part thereof, to any third party, including our successor in interest,
without requiring your written consent. You may not assign this Agreement in
whole or in part, for any reason. This Agreement will be binding upon and will
inure to the benefit of the parties and their heirs, executors, administrators,
successors, and assigns.
24. Third Party Beneficiaries.
respect to platform providers through which you download or use applications
certified by Peakment, nothing in this Agreement, either express or implied, is
intended to or will be deemed to confer upon any other person or entity any
right, benefit, or remedy of any nature whatsoever under or by reason of this
25. Governing Law and Disputes.
Law. This Agreement, including all claims relating to or arising hereof or
breach thereof, whether sounding in contract, tort, or otherwise, will be
governed and construed in accordance with the laws of the state of Delaware,
excluding its choice-of-law principles.
of Section. The terms of this section 25 will apply to all disputes that
may arise out of, are connected with, or relate to this Agreement or the
Services, subject only to the following exceptions: (1) if Peakment reasonably
believes that you have in any manner acted or failed to act in any manner that
may cause harm to us or any third party, we may seek injunctive or other
appropriate relief in any court of competent jurisdiction; or (2) any dispute
may, at the option of the claiming party, be resolved in small claims court in
Santa Clara County, California, provided that all claims by all parties in the
dispute (i) fall within the jurisdiction of the small claims court, and (ii)
were unsuccessfully resolved through the Informal Resolution procedure required
in section 25(c) below. Furthermore, in no event will the terms of this section
limit Peakment’s ability to investigate complaints or reported violations of this
Agreement, or to take any action we deem necessary and appropriate to mitigate
actions against us, including reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties such as music
Resolution. If you have any dispute with us or any related third party,
arising out of, relating to, or connected with this Agreement or the Services,
you agree to contact us directly and provide a brief, written description of
the dispute and your contact information (including your username, if your
dispute relates to an account); and give us thirty (30) days from the date of
filing your written description with us within which to resolve the dispute to
your reasonable satisfaction. If Peakment does not resolve the dispute through
good faith negotiations under this informal process, you may pursue the dispute
in accordance with the arbitration agreement below.
Agreement. Any claims by Peakment, or claims by you that are not resolved
by the Informal Resolution procedure described in section 25(c) above, arising
out of, relating to, or connected with this Agreement must be asserted
individually in binding arbitration administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules and
Supplementary Procedures for Consumer-Related Disputes (including utilizing
desk, phone, or video conference proceedings where appropriate and permitted to
mitigate costs of travel). This Agreement and each of its parts evidence a
transaction involving interstate commerce, and the Federal Arbitration Act (9
U.S.C. § 1 et seq.) will apply in all cases and govern the
interpretation and enforcement of the arbitration rules and arbitration
proceedings. Judgment on the award rendered by the arbitrator may be entered in
any court of competent jurisdiction. In addition to and notwithstanding the
terms stated above, the following will apply to your disputes: (1) the
arbitrator, and not any federal, state, or local court or agency, will have
exclusive authority to resolve any dispute relating to the interpretation,
applicability, enforceability, or formation of this Agreement including any
claim that all or any part of this Agreement is void or voidable; (2) the
arbitrator will not have the power to conduct any form of class or collective
arbitration, nor join or consolidate claims by or for individuals; and (3) you
hereby irrevocably waive any right you may have to a court trial (other than
small claims court as provided above) or to serve as a representative, as a
private attorney general, or in any other representative capacity, or to
participate as a member of a class of claimants, in any lawsuit, arbitration,
or other proceeding against us or related third parties arising out of,
relating to, or connected with this Agreement.
proceeding and the results thereof will be kept confidential by each party and
not used for any purpose other than a party exercising its rights and
fulfilling its obligations with respect to the other party; provided, however
that either party may disclose the existence and results of the proceeding: (1)
as required by law, rule, or regulation; (2) to its accountants, attorneys, and
other fiduciaries; and (3) to an arbitrator or third party who has exercised
its rights under this section 25 for use as persuasive authority in other
proceedings brought pursuant to this section 25.
of Actions. Regardless of any statute or law to the contrary, any claim or
cause of action you may have arising out of, relating to, or connected with
your use of the Services, must be filed within twelve (12) months of the date
the facts giving rise to the suit were known or should have been known by you,
or forever be barred.
In the event
any provisions of this Agreement are found to be contrary to any law or
regulation of an administrative or governmental agency or body, such provision
will be modified and interpreted to accomplish the objectives of such provision
to the greatest extent possible under applicable law, and the remaining
provisions will continue in full force and effect. In the event such a
provision cannot be modified and becomes invalidated or unenforceable, its
invalidation or unenforceability will not affect the validity or enforceability
of any other provision of this Agreement.
27. Entire Agreement.
constitutes the complete and exclusive agreement between you and Peakment with
respect to the subject matter hereof, and supersedes all prior or
contemporaneous oral or written communications, proposals, representations,
understandings, or agreements not specifically incorporated herein.
28. Questions Regarding this Agreement.
If you have any
questions regarding this Agreement, you may contact Peakment via hello @