By accepting this User Agreement, you are entering into a contract with Personas Social Inc. with its corporate offices located at 181 University Ave, 20th Floor, Toronto Ontario, Canada. All capitalized terms unless otherwise defined herein shall have the meaning attributed to such term in the glossary of terms to be found at www.keek.com/terms-conditions.
About Keek Inc.
Keek is a video and image posting social networking application that allows Content Creators to contribute content via either live performances or uploading videos and/or images to the Keek platform.
Usage of the Keek Services
Keek is a private service, and the usage of the Keek Services is a privilege extended to the User at the sole and absolute discretion of Personas Social Inc. In order to maintain a fun and safe environment, all Keek Users must be in compliance with Personas Social Inc.’s Community Guidelines this document may be found at www.keek.com/terms-conditions and respectively. Failure to meet these standards may result in Keek limiting, restricting, suspending, or cancelling your Keek Account (hereinafter an “Account”) and may also result in Keek indefinitely withholding any outstanding payments to you. If Keek believes that you are abusing the Keek Services in any way, we may, in our sole and absolute discretion and without limiting other remedies: limit, suspend, or terminate your Account(s) and your access to Keek Services; delay or remove hosted content; demote your Account(s) Status Level; remove and demote listings; and/or take any other technical and/or legal steps to prevent you from using Keek Services. Keek may cancel unconfirmed Accounts or Accounts that have been inactive for, what the Company believes to be “long time”, or modify or discontinue the Keek Services at any time, and from time to time, in our sole and unfettered discretion. Additionally, we reserve the right to refuse or terminate at any time, or from time to time, all or part of our Keek Services to anyone for any reason, or for no reason, at our sole and absolute discretion.
Content Creator Regulatory Oversight
Content Creator will promptly submit to and cooperate fully with any examination which may be required or requested by any of Regulatory Authority, Personas Social Inc., Issuer, Association or System, to the fullest extent required or requested by such Regulatory Authority, Personas Social Inc. Issuer, Association or System during normal business hours on a Business Day. Content Creator will also provide to Keek a copy of any reports, documents and other information which may be required or requested by any Regulatory Authority, Personas Social Inc., Issuer, Association or System in connection with its audit or review of Personas Social Inc., or any Keek Platform Program and will reasonably cooperate with Keek Inc. and such Regulatory Authority, Issuer, Association, or System in connection with any audit or review of Keek or Issuer.
Content Creator Compliance with Rules and Laws
Content Creator will at all times during the Term of this User Agreement remain abreast of and knowledgeable about the Keek Content Creator Requirements and Rules and Requirements of Law relating to the Keek Services; and, Content Creator will remain at all times in compliance with the Rules and Requirements of Law and Keek Content Creator Requirements relating to the Keek Platform Program and the Keek Platform, including, without limitation, Rules and Requirements of Law relating to discrimination, anti-money laundering, United States based unlicensed online gambling, anti-terrorism and “Know Your Client”. Content Creator will undertake reasonable efforts to: (i) ensure that Content Creator Associates remain abreast of and knowledgeable about the Rules and Requirements of Law relating to the applicable Mobile Keek Platform Programs, including Rules and Requirements of Law relating to anti-money laundering, anti-terrorism and “Know Your Client”; (ii) ensure that Content Creator Associates remain at all times in compliance with the Rules and Requirements of Law; and (iii) ensure that Content Creator Associates adhere to Keek Inc.’s written guidance concerning compliance with the Rules and Requirements of Law. Content Creator and Content Creator Associates will be permitted a reasonable period to adjust its processes and procedures to comply with any changes in the Rules and Requirements of Law or guidance from Keek Inc.’s, provided such reasonable period of time may not extend past any effective dates established by the Rules and Requirements of Laws. Content Creator and Keek will initiate a regular discussion to apprise each other of recent developments in the areas referenced in this paragraph for the purposes of providing Content Creator and Content Creator Associates time to adjust their best practices to comply with any changes to any Rules and Requirements of Law, but failure to initiate such discussion does not limit or restrict Content Creator or Content Creator Associates’ obligations to comply with the Rules and Requirements of Laws.
Keek Content Creator Requirements
Keek strives to create a safe, respectful, and trustworthy service for all of its Users. As such Keek is entirely dependent on Content Creators to use the Keek Services in an honest and responsible manner which is at all times in full compliance with the Rules and Requirements of Law, the Keek Community Guidelines, the Keek Terms of Service and the Keek Content Creator guidelines as outlined in this Agreement.
In relation to the use of the Service, Content Creators are obliged to make full and true disclosure and to provide independently verifiable proof of the veracity claims, statements images and content of their posts. Content Creators may not use Keek to spread hate speech, false claims, slander of a group or individual nor shall they use Keek for purposes of bullying, racism, sexism, or for any other reasons that Keek deems unacceptable. Furthermore, Keek reserves the right to delete, edit or remove any Content Creator post at their sole and unfettered discretions. their products, services and or performances that are made available to Users through the Keek Service. All posts using the Keek Services or Platform must meet the minimum content standards
As a general right, Keek may cancel unconfirmed Accounts or Accounts that have been inactive for a long time or modify or discontinue the Keek Services at any time, and from time to time, in our sole and unfettered discretion, without notice to the User. Additionally, Keek reserves the right to refuse or terminate at any time, or from time to time, all or part of our Keek Services to anyone for any reason, or for no reason, at our sole and absolute discretion, without notice.
Personas Social Inc. being the parent company of Keek, reserves the right to recategorize delete and otherwise manage content posted by users in public and/or private streams on the Peeks Social Service. Keek Inc., in its sole discretion, will determine the appropriateness of any given post on any of its services.
Users will not promote any sites or services that are not Keek Services without the express written permission of Keek Promoting other sites and/or services may result in banishment from all or any Personas Social Inc Services and/or deletion of your user account and/or the forfeiture of any funds in the offending Users’ wallet account.
Keek does not want to receive your confidential or proprietary information through our website or Platform. Please note that any information or material sent to Keek will be deemed NOT to be confidential.
When sending information or providing Keek with content or causing content to be posted using the Keek Services, you grant Keek a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Additionally, by sending information or providing Keek with content or causing content to be posted using the Keek Services, you grant Keek an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, that content or information. You agree that Keek is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against Keek Inc., its sublicensees, affiliates or our assignees.
You represent and warrant that none of the following infringe’ any rights mentioned in the preceding paragraph: your posting of content to our site(s) or mobile apps; your causing content to be posted using the Keek Services, and use of any such content (including but not limited to works derived from it by us, our Users, or others in contract with us that is done in connection with the Services and in compliance with this Keek User Agreement.
Keek will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to Keek will be published or otherwise used with your name on it; or (c) we are required to do so by law.
By posting, uploading or live streaming information or content through Keek Services, Users warrant and represent that (a) they are the copyright owner of such content, or that the copyright owner has granted permission to use the content consistent with the manner and purpose of the User’s use, (b) the User has the rights necessary to grant the rights noted in Section 7 “Content” to Keek Inc., and (c) that each person depicted in such content, if any, has provided consent to the use of images, including without limitation, the distribution, public display and reproduction of the images. You represent and warrant that for the Term of this User Agreement you have all the rights necessary for the content that is posted, uploaded or live streamed on or through the Keek Services and that the collection, use, and retention of the content will not violate any law or rights of others.
Consent to Use of Data
You agree that Keek may collect and use technical data and related information, including but not limited to technical information about devices on which you access and/or use Keek Services or Platform, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you, if any, related to Keek Services or Platform. Keek may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Notice for Claims of Intellectual Property Violations and Copyright
Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Keek works to ensure that content on our site(s) does not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our customer service team at IPCS@peeks.com
By acceptance of this User Agreement, you covenant and agree that you will not Broadcast and/or upload content that is in violation of Keek Community Guidelines. Keek Community Guidelines can be found at www.keek.com/terms-conditions. If there is any disagreement as to whether content violates Keek Community Guidelines, Keek will make such determination in its sole and absolute discretion, such determination to be final and binding upon the User or Content Creator. Prohibited Activities include, but are not limited to:
- Violating any applicable laws or regulations;
- Not reporting a crime being witnessed on a live stream or uploaded content;
- Hate speech;
- Sexual exploitation;
- Criminal Activity;
- Money Laundering;
- Promotion of Self Injury
- Injury of other parties;
- Terrorism Funding;
- Drug Dealing;
- Publishing, posting, uploading, distributing or disseminating any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information or that which will violate local laws or regulations;
- Transfer of your Keek Account (including Feedback) and your ID to another party without our consent;
- Distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- Uploading files or content that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or technologies that may harm Keek Inc., or the interests or property of others;
- Use of any robot, spider, scraper, or other automated means to access any Keek Services for any purpose;
- Bypassing Keek Inc.’s robot exclusion headers, interfering with the working of Keek Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
- Reproducing, performing, displaying, distributing, reverse engineering, or preparing derivative works from content that belongs to or is licensed to Keek Inc., or that comes from Keek Services and belongs to Keek or another party including works covered by any copyright, trademark, patent, or other intellectual property right, except with prior express permission of Keek and/or any other party holding the right to license such use;
- Commercializing any Keek application or any information or software associated with such application; for certainty, this includes selling, renting, leasing, redistributing or sublicensing Keek Services;
- Copying, decompiling, reverse engineering, disassembling or attempting to derive the source code of Keek Services or application;
- Harvesting or otherwise collecting information about Users without their consent; or
- Circumventing any technical measures Keek uses to provide Keek Services.
Keek charges Fees for the use of some Keek Services. These Fees may include but are not limited to: Platform fees, payment processing fees, foreign exchange fees, Account re-instatement fees, settlement fees, Account inactivity fees, advertising fees, chargeback fees, rolling reserves and other fees. A schedule of Keek Fees may be found at www.keek.com/terms-conditions. Fees may be charged to you or your Content Creators or Viewers. Fees may vary depending on your Status Level. Keek may alter Fees from time to time and will make you aware of any changes to fees by posting the changes on the Keek website 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of Fees.
You must be the greater of eighteen (18) years of age or the age of majority in the jurisdiction from where you are Broadcasting or uploading content to Keek and have a payment method on file in order to send or receive Tips and/or purchase goods or services using Keek Services. You agree to have all Fees and applicable taxes associated with the use of the Keek Services debited from your Keek Wallet Account by Keek or any contracted third party payment processing provider contracted by Keek to perform payment processing services on behalf of Keek Inc., prior to withdrawing any funds. If your payment method fails or your Account is past due, we may collect Fees owed by charging other payment methods on file with us, retaining collection agencies and legal counsel, and, in addition, you will be subject to Late Fees. Peeks, or the collection agencies we retain, may also report information about your Account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your Account may be reflected in your credit report. If you wish to dispute the information Keek reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at Keek Inc., 181 University Avenue, Toronto Ontario, Canada. If you wish to dispute the information a collection agency reported to a credit bureau regarding you Keek Account, you must contact the collection agency directly.
Withdrawals and Settlement of Content Creator Funds
As a Content Creator you may earn money in the form of Tips, payments, incentives or by some other lawful means. These funds reside in your Keek Wallet and you may withdraw all available funds after the expiration of the Hold Time, minus all applicable Fees and taxes. If you live in North America (Canada or the United States) you may withdraw funds by using any of following options; (1) via your Keek Wallet, (2) by transferring the funds to your bank account (only available in Canada), (3) by transferring funds to a Peeks-issued pre-paid payment credit card, (4) or any withdrawal options currently available from the Keek Wallet. If you live outside Canada or the United states you can withdraw funds via bank wire or you may have a paper cheque mailed to you. Note not all settlement options are available in all countries; to see a full list of settlement options by country or to learn how to settle your funds, go to www.keek.com/terms-conditions.
Holdbacks and Rolling Reserves
In order to protect against financial losses due to chargebacks, returns and potential fraud, Keek may keep a rolling reserve against Content Creators fund settlements for up to six months. The rolling reserve averages 10% of Earned Funds before chargebacks, returns and other fees. Content Creators with an established track record may be subject to lower or no holdbacks at all. The remainder of Earned Funds will be made available to you for withdrawal after a holding period of approximately three to five days. Keek may change holdback and rolling reserve percentages and time periods from time to time and will notify you 14 days in advance by posting the changes to Keek Inc.’s website. Keek reserves the right to freeze, withhold and otherwise retain Content Creator funds if Keek has reasonable suspicion of criminal activity by or on behalf of the Content Creator or any of the Content Creator’s customers. For a discussion on the operation of holdbacks see www.keek.com/terms-conditions.
Keek may in its sole discretion, or at the request of any Issuer or any Association, impose limits or restrictions on the amount or number of purchases that may be charged to a Content Creator’s Keek Account during any time period, or refuse to process charges from any Keek Account or to any Keek Account holder with a prior history of questionable charges. Keek may impose transaction limits or refuse any transaction request of a Customer either temporarily or permanently including limits that are more restrictive than limits placed on Customers by an Issuer or Association in order to reduce Keek Inc.’s reasonable apprehension of risk of loss under varying circumstances. Keek is in no way responsible for any losses sustained by you, including claims for lost profits or consequential, special or material damages, on account of the imposition of transaction limits or restrictions or for any other reason whatsoever.
Account Claims and Disputes
If a Customer makes a claim against unpaid Content Creator Funds, Keek may, in its sole discretion, (a) withhold all or part of the unpaid Content Creator Funds until the dispute is resolved to Keek Inc.’s satisfaction; or (b) pay the disputed Content Creator Funds to any court of law until the matter is resolved. You hereby covenant and agree that you shall immediately advise Keek of (i) any error in the processing of any Content Creator Funds whether positively or negatively impacting Peeks, you or a Customer, or (ii) the discovery of any illegal or fraudulent transaction by you, or by any of your Customers.
Appeal Process for Live Streaming, Video Uploads and Images
Deleted or Suspended Live Streams/Video Uploads or Images
At Peeks Social, we strive to maintain a safe and respectful environment for all of our users. In adherence to our Terms of Service, we may remove or delete live streams or uploaded videos that violate our guidelines. However, we understand that mistakes can happen, and users may wish to appeal the removal of their content.
Appeal of Persons Depicted in Live Streams/Video Uploads or Images
If you find yourself depicted in any content through a live stream, video upload, or posted image and wish to appeal the removal of such content, please contact us promptly at firstname.lastname@example.org. We will initiate an investigation process to address your appeal. In the event of a disagreement during the appeal process, we are committed to allowing the resolution of such disputes through the involvement of a neutral body.
To initiate the appeal process, please follow the steps outlined below:
- Contact Customer Service: To appeal the removal of your live stream or uploaded video, you need to get in touch with our Customer Service team. Please send an email to email@example.com, specifying your request for appeal.
- Provide Relevant Information: In your email, include all pertinent information related to the removed content. This may include the date and time of the live stream or upload, the title or description of the content, and any other details that might help us identify and review your case effectively.
- Broadcaster Verification Process: Once your appeal email has been received, our Customer Service team will guide you through the broadcaster verification process. This step ensures that the appeal is being made by the rightful owner of the account and content in question. The verification process may involve providing certain personal information or verifying your identity through additional means as deemed necessary by our team.
- Review and Response: After completing the broadcaster verification process, our team will thoroughly review your case. This evaluation will involve a careful examination of the alleged violation and its alignment with our Terms of Service We aim to provide a fair and unbiased assessment of each appeal.
- Appeal Outcome: Upon reaching a decision, we will communicate the outcome of your appeal via email. If the appeal is successful, and it is determined that your live stream or uploaded video was removed in error or there were extenuating circumstances, the content will be restored, and any associated penalties or restrictions will be lifted.
Please note that the appeal process may take some time, as each case is unique and requires a thorough investigation. We appreciate your patience and understanding throughout this process.
It is important to remember that Peeks Social reserves the right to make the final decision regarding content removal and appeal outcomes. We encourage all users to familiarize themselves with our Terms of Service to ensure compliance and maintain a positive experience within our platform.
When listing an Advertisement, you agree to comply with Keek Advertising Policies, found at keek.com/privacy-policy and that:
- You are entirely responsible for the accuracy and content of the listing and item(s) offered including, without limitation, any price, warranty or other claims;
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Keek can’t guarantee exact listing durations;
- Content that violates any of Keek Policies may be deleted at Keek Inc.’s sole and absolute discretion and without notice to the party posting the Advertisement;
- The appearance or placement of listings in search and browse results will depend on a variety of factors none of which Keek guarantees, including, but not limited to:
- buyer’s location, search query, browsing site, and history;
- item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the enquiry;
- seller’s history, including listing practices, Detailed Seller Ratings, Keek Policy compliance, Feedback; and
- number of listings matching the buyer’s query.
Personas Inc is committed to respecting intellectual property rights and complying with the provisions of the Digital Millennium Copyright Act (DMCA). This policy outlines our procedures for handling copyright infringement claims and provides information on how to report alleged infringements.
Reporting Copyright Infringements:
If you believe that your copyrighted work has been infringed upon on the Personas Inc platform, please promptly notify us in writing, including the following information:
- Identification of the copyrighted work: Provide a description of the copyrighted work that you claim has been infringed. If applicable, include the registration number or any other relevant details that help identify the work.
- Infringing material: Identify the specific content on the Personas Inc platform that you believe is infringing your copyright. Include the URL or other identifying information to assist us in locating the material.
- Contact information: Provide your name, address, telephone number, and email address.
- Statement of authority: Include a statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- Statement of accuracy: Include a statement, under penalty of perjury, that the information provided in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
- Signature: Sign the notification either electronically or physically.
Please send your infringement notification to:
85 W Combs Rd. STE 101-109,
San Tan Valley Arizona,
Email: keek firstname.lastname@example.org
Action Taken by Personas Inc:
Upon receiving a valid DMCA infringement notification, Personas Inc will take the following steps:
- Prompt investigation: We will promptly investigate the reported copyright infringement claim.
- Content removal: If we determine that the reported material is infringing, we will expeditiously remove or disable access to the content in question.
- Notification to the alleged infringer: We will notify the user who posted the allegedly infringing content about the removal or disabling of access to their material and provide them with a copy of the infringement notice.
- Counter-notification: If the alleged infringer believes that their content has been wrongly removed or disabled, they may submit a counter-notification to us. The counter-notification must include specific information as required by the DMCA.
- Restoration of content: If we receive a valid counter-notification, we may restore the removed content within a reasonable timeframe unless we receive notice from the original complainant indicating that legal action has been initiated.
Please note that submitting false claims or misrepresentations of copyright infringement may expose you to liability for damages, including costs and attorney’s fees. It is essential to consider the validity of your claim before sending a DMCA infringement notification.
We reserve the right to terminate the accounts of users who repeatedly infringe copyrights or violate our terms of service.
If you have any questions or need further information regarding our DMCA Policy, please contact us at email@example.com.
This DMCA Policy does not constitute legal advice. If you have concerns or legal questions regarding copyright infringement, we recommend consulting with a qualified legal professional.
Call Recording and Contact Authorization
Keek may, without further notice or warning and in its sole discretion, monitor or record telephone conversations or live stream Posts that you or anyone acting on your behalf has with Keek or its agents for: quality control; security; and training purposes; or for Keek Inc.’s own protection and for the protection of others; or to ensure compliance with this User Agreement and applicable law.
Indemnity and Release
You hereby covenant and agree to indemnify, defend, release and hold harmless Keek and our affiliates and subsidiaries, and Keek Inc.’s and its affiliates and subsidiaries’ respective officers, directors, employees, agents, and shareholders from claims, demands and damages, actual and consequential, and all fines, penalties, losses and expenses (including legal fees on a solicitor and client basis), or other liabilities resulting from or in connection with your use of the Keek Services or that arise from a breach of any of the terms and conditions of this User Agreement. If having a dispute with one or more Users, you release Keek from claims of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In agreeing to this release you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
You and Keek agree that any claim or dispute in law or equity that arises from or may arise from this or any previous versions of the Keek User Agreement, or from your use of, or access to the Keek Services, or any products or services sold or purchased through the Keek Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Prohibition of Class Action and Representative Action and all Non-Individualized Relief
YOU AND KEEK AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING WITHOUT THE MUTUAL CONSENT OF BOTH YOU AND PEEKS. THE ARBITRATOR OR JUDGE, AS THE CASE MAY BE, MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS ACTION, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR OR JUDGE MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. The invalidity or unenforceability of any provision of this section “Prohibition of Class Action and Representative Action and all Non-Individualized Relief”, as so determined by a court of competent jurisdiction, shall not affect the other provisions hereof, and in any such occasion this section shall be construed in all respects as if such invalid or unenforceable provision were omitted.
Survival of Claims
It is agreed that any claim arising out of or related to this Keek User Agreement will not be brought later than two (2) years after the cause of action became known or should have become known to the complainant.
Invalid or Non enforceable Provisions
The invalidity or unenforceability of any provision of this Keek User Agreement, as so determined by a court of competent jurisdiction, shall not affect the other provisions hereof, and in any such occasion, this Keek User Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.
Choice of Law/Venue
This Keek User Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, and without regard to its conflicts of law rules. You hereby irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario. The venue for any action, dispute or proceeding with respect to this Keek User Agreement shall be Toronto, Ontario, except in the case of any action, dispute, or proceeding relating to an indemnification obligation hereunder, which action, dispute, or proceeding may be brought before any court with competent jurisdiction.
Amendments and Modifications
We may amend this Keek User Agreement at any time by posting the amended terms on peeks.com. Our right to amend the Keek User Agreement includes the right to modify, add, or remove terms in the Keek User Agreement. We will provide you 30 days’ notice by posting the amended terms on Keek Inc.’s website. Additionally, we may notify you by text message, autodialed call or by email. Your continued access or use of Keek Services constitutes your acceptance of the amended terms as and when posted from time to time. We may, but have no obligation to, also ask you to acknowledge your acceptance of the Keek User Agreement through an electronic click-through. This Keek User Agreement may not otherwise be amended except through mutual agreement by you and a Keek representative who is duly authorized to agree to such an amendment.
The Keek Policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Keek service website, www.peeks.com.
Acting on Behalf of a Business
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Keek User Agreement. Such account is owned and controlled by the business entity and Keek can rely upon the foregoing sentence in respect of any instructions in respect of the business entity.
You and Keek do not intend to create, and have not created, a legal partnership or joint venture by agreeing to perform the activities set forth in this Keek User Agreement. Each of you and Keek shall be an independent contractor with respect to the other. Neither you nor Keek shall have the legal authority to contractually bind the other. Notwithstanding the foregoing, in the event that you and Keek hereto agree to create a legal partnership or joint venture in the future with respect to the provision of the Keek Services as set forth herein, such agreement shall be a separate and distinct agreement in writing. The arrangement between you and Keek hereto is non-exclusive and this Keek User Agreement does not grant to you any exclusive rights relative to all, or any part of, the Keek Service.
Survival of Obligations
The rights and obligations of the parties hereunder which by their nature would continue beyond the termination or cancellation of this Keek User Agreement (including, without limitation, those relating to the following sections; Fees, Content, Limitation of Liability, Indemnity and Release, and Legal Disputes) shall survive any termination or cancellation of this Keek User Agreement.
Keek Services and Marks
You shall not: (i) attempt to modify Keek Inc.’s marks, trademarks, trade names, or any Keek Services in any manner; or (ii) sell, assign, license, sub-license or otherwise transfer, transmit or convey Keek Services, any part thereof, or any copies or modifications thereof, or any interest therein, to any party. All rights in the Keek Platform and Keek Services, including without limitation any patents, trademarks, trade names, copyrights and any other intellectual property rights therein and all improvements thereto howsoever arising, shall remain the exclusive property of Keek and/or Keek Inc.’s licensors. You agree that the Keek Services are the proprietary and confidential information of Keek and/or its licensors. The limited license to use the Keek Services in compliance with this User Agreement, or any part thereof as applicable, shall immediately terminate upon the earlier of: (i) termination or expiration of this Keek User Agreement; or (ii) failure by you to comply with any provisions of this User Agreement.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE KEEK SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KEEK SERVICE PERFORMED OR PROVIDED BY KEEK ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND KEEK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE KEEK SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OR SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. KEEK DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF KEEK SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR KEEK SERVICES PERFORMED OR PROVIDED BY KEEK WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF KEEK SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE KEEK SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM KEEK SERVICES OR PLATFORM, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KEEK OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD KEEK SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitations of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL KEEK BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE KEEK SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF KEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Keek Inc.’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Limitation of Liability for Content
You understand that by using Keek Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or displays of nudity, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, Users agree to use Keek Services at their sole risk and that Keek shall not have any liability for content that may be found to be offensive, indecent, or objectionable. Keek does not control or endorse the content, messages or information displayed on the Keek Services and, therefore, Keek specifically disclaims any liability with regard to the use of the Keek Services and any actions resulting from your participation in any Keek Service.
Content Creators and Users, in uploading or live streaming content through Keek Services or Platform, acknowledge they alone are liable for the information or content they upload or live stream on Keek Services or Platform. In no event shall Keek be liable for content or information posted, uploaded, or live streamed on Keek Services by a Content Creator and/or User. Content Creators and Users agree to indemnify Peeks, its affiliates and subsidiaries, and all other parties named in Section 19 “Indemnity and Release” for all claims brought against Keek on account of content posted, uploaded or live streamed that violates laws, whether inside or outside of Canada.
Third Party Materials
In accessing and using the Keek Services, Users may be exposed to content, data, information, applications or materials from third parties or provided links to certain third party websites. By using Keek Services, Users acknowledge and agree that Keek is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third party materials or websites. Keek does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials, products or services. Keek is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties or use a link to such parties from the Keek Services or Platform.
The headings, captions and titles used in this Keek User Agreement are for convenience of reference only and shall not have any bearing in interpreting, construing, performing or enforcing this Keek User Agreement.
Any notice, approval, request, authorization, direction or other communication under this Keek User Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes (a) on the delivery date, if delivered personally to the party to whom the same is directed; (b) two business days after deposit with a commercial overnight carrier, with written verification receipt; or (c) five (5) days after the mailing date, whether or not actually received, if sent by registered mail, return requested, postage and charges prepaid, or any other means of rapid mail delivery for which a receipt is available to the address of the Party to whom same is directed as set forth at the beginning of this Keek User Agreement. All such communications will be directed to the attention the Authorized Agent in the case of you and Customer Service in the case of Peeks.
Transfer and Assignment
You may not sell, assign or transfer any of your rights or obligations under this Keek User Agreement without the prior written consent of Keek (which consent may be arbitrarily withheld or conditional).