Terms of Use

Last Updated: March 3, 2011

By using the peakery.com web site, you are agreeing to be bound by the following terms and conditions ("Terms of Use").

Basic Terms

  1. You are solely responsible for any data, text, information, screen names, images, links ("Content") that you submit, post, and display on the peakery.com service.
  2. peakery is for peaks and related content only and is not a generic image hosting service. Non-peak images are prohibited.
  3. peakery is intended for personal use. Professional or corporate uses of peakery are prohibited.
  4. You may not use the peakery.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  5. You must not modify, adapt or hack peakery.com or modify another website so as to falsely imply that it is associated with peakery.com.
  6. You must not transmit any worms or viruses or any code of a destructive nature.
  7. You must not, in the use of peakery, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in removal of all content in violation of the above. While peakery.com prohibits such content on its site, you understand and agree that peakery cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the peakery.com service at your own risk.

General Conditions

  • We reserve the right to modify or terminate the peakery.com service for any reason, without notice at any time.
  • We reserve the right to alter these Terms of Use at any time. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  • It is prohibited to post images hosted on peakery to outside websites.

Content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. peakery cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, comments, information, data, text, photos, maps, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by peakery on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by users is collectively referred to as "User Submissions."

peakery Content

The Service contains Content specifically provided by peakery or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Subject to these Terms of Use, peakery grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable, non-transferable, revocable license to use the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from peakery, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

User Submissions

By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant peakery a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and peakery's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions. For clarity, the foregoing license grant to peakery does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with peakery.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that peakery will not be liable for any errors or omissions in any Content; and that peakery cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Copyright Terms

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

peakery respects the intellectual property of others, and we ask our users to do the same. peakery may, in appropriate circumstances and at its discretion, delete content. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide peakery the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright or intellectual property owner's behalf.

For Notice of claims of copyright infringement, peakery can be reached by email at support@peakery.com.