Copyright 2013 Fancy Peeps. All Rights Reserved. All Content Copyright and All Rights Reserved by Their Respective Owners. No Content May Be Duplicated Without Express Written Consent.
Additionally, any other content, trademarks, or otherwise that may be found on the website(s) that is not Fancy Peeps property is copyright their respective owners. In no way does Fancy Peeps claim ownership or responsibility for these items, and you should seek legal consent from those respective parties.
Terms of Service
This is the Terms and Conditions Agreement (“Terms and Conditions” or “Agreement”) of Fancy Peeps. (“Fancy Peeps ” or “us” or “we”). These Terms and Conditions incorporated herein by reference, govern your use of our online services or any application created and distributed by us, any content or information therein, the fancypeeps.com website, any subdomains of fancypeeps.com, and any other website pages or applications on which services are provided by us (collectively, the “Site”). It is acknowledged that any reference to the term “Site” includes any application created and distributed by us, and the provisions of this Agreement govern your use of any such application and our online services provided therein.
By using the Site, you signify your agreement to these terms and conditions including all changes and revisions to this Agreement. If you do not agree to these Terms and Conditions please do not use the Site. Please read this agreement carefully and check this Agreement periodically for changes as Fancy Peeps reserves the right to revise this Agreement. Any modifications we make will be effective immediately upon posting to the Site, and your continued use of the Site following the posting of any changes to the Agreement constitutes your acceptance of such changes. Fancy Peeps reserves the right to refuse, restrict, suspend, or terminate any user’s use of the Site at any time without notice and may do so for such user’s failure to abide by this Agreement or any other terms or conditions posted anywhere on the Site. This Agreement applies to licensors, affiliates and advertisers as well.
THIRD PARTY SITES
You will be transferred to online merchants or other third party sites through links or frames from the Site. We are a directory of other sites and the offers they promote. The Site does not sell any good or service to consumers and nothing on the Site shall be construed as an offer to sell anything or enter into any kind of business relationship. Any purchases you make will be through other websites and from other companies. You are cautioned to read such sites’ terms and conditions and all policies, including policies regarding sales, returns, warranties, and privacy before using such sites in order to be aware of the terms and conditions of your use of such sites. Be sure to carefully evaluate and investigate such sites on your own to your satisfaction.
You are also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these merchants. Fancy Peeps shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information, promotions, products, or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from the terms and conditions of other sites. Fancy Peeps does not guarantee any content on such sites or anything offered by third parties, including but not limited to prices, promotions, products, or services.
You are knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and specials listed on the Site. You agree that Fancy Peeps and its licensors and advertisers shall have no liability whatsoever from such third party sites and your usage of them.
If you have any complaint with such sites, contact that site directly, or contact your state Attorney General or the Federal Trade Commission at www.ftc.gov.
INTELLECTUAL PROPERTY RIGHTS
The Site is protected under U.S. and international copyright laws. Copyright ©2013 Fancy Peeps. All rights reserved. All of our company names, product names, service names and logos are owned by us.
The content on the Site, including but not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein (“Site Content”), are owned by or licensed to Fancy Peeps and are subject to copyright, trademark, service mark, trade dress, patent and other intellectual property rights and protections under United States and foreign laws and international conventions.
If you believe in good faith that any Site Content has been copied in a way that constitutes copyright infringement, you may forward the following information to our Copyright Agent at firstname.lastname@example.org: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) 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; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.
PERSONAL AND LAWFUL USE ONLY
Unless otherwise specified, the Site and our services are intended for your personal, noncommercial use only. You agree to use the Site and our services only for lawful purposes and acknowledge that your failure to do so may subject you to civil and criminal liability. You may not in any way make commercial or other unauthorized use of (by publication, re-transmission, distribution, performance, caching, cataloguing, aggregating, or otherwise) the Site Content or other material obtained through the Site, except as permitted by the Copyright Act or other law and as expressly permitted in writing by this Agreement, Fancy Peeps, or the Site.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THE SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use the Site, he or she should email Fancy Peeps with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing the Site from any country where material on the Site is prohibited or illegal, please stop using the Site immediately as you do not have permission to access the Site.
YOUR REPRESENTATIONS AND WARRANTIES
LICENSE TO USE THE SITE
Upon your agreement to this Agreement, Fancy Peeps hereby grants you a non-exclusive, non-transferable limited license to use the Site for personal, noncommercial purposes, in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on the Site. You agree not to make any false or fraudulent statements in your use of or to gain access to the Site. You acknowledge and agree that all content and services available on the Site are property of Fancy Peeps and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by Fancy Peeps and its advertisers and licensors.
Except as may be explicitly permitted through the Site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, catalogue, aggregate, or create derivative works from materials, code or content on or from the Site. Systematic retrieval (including by use of data mining, robots or other extraction tools) of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Fancy Peeps is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
With respect to any application created and distributed by us, this license does not include and strictly prohibits (i) any resale of the application or its contents or (ii) any derivative use of such application or its contents. Any such application may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any purpose without the express prior written authorization of Fancy Peeps. Any unauthorized use shall immediately terminate the licenses and rights granted by Fancy Peeps and may subject you to civil and/or criminal prosecution.
You agree that if you are issued a Username and Password by Fancy Peeps, you shall use your best efforts to prevent access to the Site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying Fancy Peeps immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via the Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Fancy Peeps shall pursue such penalties to the full extent of the law to protect its rights.
Location/Consent to Transfer
The Site is hosted and operated in the United States. Those who access or use the Site from other jurisdictions do so at their own choice and risk and are solely responsible for compliance with local law. Please note that the personal information you submit to our Site will be transferred to and stored in the United States to be processed by us so we can provide the Site to you as set forth in this Agreement.
If you are not a resident of the United States, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the United States. Please note that the level of legal protection provided in the United States or other non-European countries in which you may access our Site may not be as stringent as that under European Union privacy standards or the privacy laws of some other countries, possibly including your home jurisdiction.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of the Site, or materials or services received through the Site, and, in particular, you shall not export or re-export anything on or received through the Site in violation of local or foreign export laws or without all required U.S. and foreign government licenses.
Without limiting the disclaimer of warranties set forth below, all Site Content is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Fancy Peeps is not liable for any inaccuracies, errors, omissions or miscalculations in any of the Site Content, nor are we liable for your reliance on the Site Content, or any occurrences, outcomes or results relating to or arising from such reliance, whether or not such consequences were foreseeable. Fancy Peeps is not responsible for any statements, warranties, representations, offers, events or advertisements made by any third party in Site Content.
DISCLAIMER OF WARRANTIES
FANCY PEEPS AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE, THE SUITABILITY OF THE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THE SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THE SITE. ALL INFORMATION AND USE OF THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
FANCY PEEPS AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SITE, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE SITE OR INFORMATION PROVIDED BY THE SITE, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SERVICES, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR ANY SITES LINKED TO OR FROM THE SITE. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.
FANCY PEEPS AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE SITE IS FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FANCY PEEPS OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SITE, THE PRODUCTS OR SERVICES LISTED ON THE SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FANCY PEEPS OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify, and hold harmless Fancy Peeps, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney’s fees, that arise from or relate to (a) your use of and access to the Site, or any services, information or products from the Site; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (d) any claim that one or more of your submissions to the Site has caused damage to a third party. This defense and indemnification obligation will survive your use of the Site. Fancy Peeps reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.
Fancy Peeps may suspend or terminate this Agreement or a user’s use immediately upon receipt of any notice which alleges that a user has used the Site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Fancy Peeps may disclose the user’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Fancy Peeps shall not be liable for damages or results thereof and user agrees not to bring any action or claim against Fancy Peeps for such disclosure.
This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of Fancy Peeps. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
TRANSFER OF RIGHTS
This Agreement, and any rights and licenses granted hereunder, may not be assigned or transferred by you, but may be assigned by Fancy Peeps without restriction.
CHOICE OF LAW AND FORUM
The Site (excluding third party linked sites) can be accessed from all 50 states as well as from other countries around the world to the extent permitted by the Site and applicable law. As each of these places may have differing laws, by accessing the Site, both you and Fancy Peeps agree that the statutes and laws of the State of California shall apply to any actions or claims arising out of or in relation to this Agreement or your use of the Site, without regard to conflicts of laws principles thereof. You and Fancy Peeps also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of the courts located in San Diego, California, and any legal proceedings shall be conducted in English. Fancy Peeps makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.