You can generally visit our Site without revealing any personally identifiable information about yourself. However, in certain sections of this Site and when you download our software, we may invite you to contact us with questions or comments or request information, provide us with feedback, or complete a profile or registration form. Due to the nature of some of these activities, we may collect personally identifiable information such as your name, address, email address, phone number, password, credit card number, and other contact information that you voluntarily transmit with your communication to us. We also may collect information about you and your use of our Site, services and/or software through your use of our Site, services and/or software. We may use your personally identifiable information to register you to download our software or use our services, contact you to deliver certain services or information you have requested, verify your authority to enter our Site, improve the content and general administration of the Site and our services, provide you with notices regarding goods or services that you have purchased or may wish to purchase in the future.
Peekaboo Pictures Inc., recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children’s activities and interests. This Site is not intended for children under the age of 18. Peekaboo Pictures Inc., does not target its services or this Site to children under 18. Peekaboo Pictures Inc., does not knowingly collect personally identifiable information from children under the age of 18.
We may use small text files called cookies to improve overall Site experience. A cookie is a piece of data stored on the user’s hard drive containing information about the user.
The Site may track the total number of visitors to our Site, the number of visitors to each page of our Site, browser type, photo data, meta data, and other data related to the Site such as IP addresses, External Web Sites (defined below) linked to, and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use such aggregate information to analyze trends, administer the Site, track users’ movement, and gather broad demographic information for aggregate use.
We may provide your personally identifiable information and the data generated by cookies and the aggregate information to the vendors and service agencies that we may engage to assist us in providing our services to you. For example, we may provide your personally identifiable information to a credit card processing company to process your payment and our third party licensors and hosting providers to provide this Site and services to you. We will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority. We will not sell your personally identifiable information to any company or organization except we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which Peekaboo Pictures Inc., participates or to a purchaser of all or substantially all of Peekaboo Pictures Inc.’s, assets to which this Site relates.
We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes. If you no longer wish to receive our communications, you may opt-out of receiving them by following the instructions in the email which you received from us.
We may employ procedural and technologies measures, consistent with industry practice. Such measures are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. Peekaboo Pictures Inc., may use firewalls, password protection, secure socket layer and any other security measures to help prevent unauthorized access to your personally identifiable information.
Peekaboo Pictures Inc., provides content and other services through the Site. Certain information, documents, products and services provided on and through the Site, including content, trademarks, logos, graphics and images that are not Submissions (as defined below) (together, the “Materials”) are provided to you by Peekaboo Pictures, Inc., and are the copyrighted work of Peekaboo Pictures, Inc., or Peekaboo Pictures, Inc.’s contributors. Peekaboo Pictures, Inc. may provide you with certain photo organizing software licensed by Peekaboo Pictures, Inc., that you may download on this Site (“Software”).
Peekaboo Pictures, Inc. grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the services, the Site and the Software solely for your personal use. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the Software in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials or Software. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site, any Materials or the Software on any legal basis.
You may need a password to login to the Site and use certain functions and areas within the Site (“Restricted Areas”). If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify Peekaboo Pictures, Inc., if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify Peekaboo Pictures, Inc., of any unauthorized use of your account or any other breach of security in relation to the Site known to you. You will not use other members’ contact information gathered from Restricted Areas of the Site for commercial purposes and agree not to provide any other member’s contact information to any third party that is not a registered member of Peekaboo Pictures, Inc.
You will pay all fees or charges to your account based on Peekaboo Pictures, Inc.’s fees, charges, and billing terms in effect as shown on the payment page. You are responsible for paying any taxes that may apply. If you do not pay on time or if Peekaboo Pictures, Inc. cannot charge your credit card, PayPal or other payment method for any reason, Peekaboo Pictures, Inc. reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that Peekaboo Pictures, Inc. is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Site and/or the service and the fees will be billed to your credit, PayPal or other payment method on your initial registration with this Site and thereafter at regular intervals for the remainder of the term of these Terms or unless these Terms are otherwise terminated. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Peekaboo Pictures, Inc. may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Certain information and content that are not Submissions may be provided by third party licensors and suppliers to Peekaboo Pictures, Inc., (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. Peekaboo Pictures, Inc. DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
This Site may be linked to other sites that are not Peekaboo Pictures, Inc. Sites. Peekaboo Pictures, Inc. is providing these links to you only as a convenience, and Peekaboo Pictures, Inc. is not responsible for the content or links displayed on such sites.
You represent and warrant that: (i) you own the Submissions posted by you or through the Site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Submissions on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of this Submission posted by you to or through the Site.
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You shall indemnify and hold Peekaboo Pictures, Inc., and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) Peekaboo Pictures, Inc., or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
PeekabooPictures.com is a trademark of Peekaboo Pictures, Inc. All other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified, all information and screens appearing on this Site including documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of Peekaboo Pictures, Inc. Except for the express license granted herein, all rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Peekaboo Pictures, Inc., respects the intellectual property of others, and we ask you to do the same. Peekaboo Pictures, Inc., may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site or Restricted Areas of the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on our Site, please provide Peekaboo Pictures, Inc.’s copyright agent the following information:
Peekaboo Pictures, Inc.'s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Peekaboo Pictures Inc.
Attention: Shaun Lusan
7172 Regional Street
Dublin, CA 94568-2324
Please also note that for copyright infringements under Section 512 (f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing and may be subject to liability.
Your use of this Site and/or services is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by Peekaboo Pictures, Inc., and they may include inaccuracies or typographical errors. Peekaboo Pictures, Inc., does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site. Peekaboo Pictures, Inc., has no liability for any errors or omission in the Materials, Submissions and/or the Third Party Content, whether provided by Peekaboo Pictures, Inc., or our licensors.
Peekaboo Pictures, Inc., FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GURANTEES IN CONNECTION WITH THE SITE, THE SERVICES, ANY MATERIALS, SOFTWARE OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, THE MATERIALS, SOFTWARE, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGMENT OF THIRD PARTY RIGHTS. Peekaboo Pictures, Inc., DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
NEITHER Peekaboo Pictures, Inc., NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SITE OR RELATING TO YOUR SUBMISSIONS. IN NO EVENT SHALL Peekaboo Pictures, Inc., OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING EVEN IF Peekaboo Pictures, Inc., OR ITS LICENSORS KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
Peekaboo Pictures, Inc., controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside of the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, or if Peekaboo Pictures, Inc., determines in its sole discretion that you have used the services unreasonably, Peekaboo Pictures, Inc., may suspend or terminate your access to the Site or Restricted Areas without notice. Peekaboo Pictures, Inc., prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these Terms, as determined by Peekaboo Pictures, Inc., will result in immediate suspension or termination of your access to the Site or Restricted Areas. Peekaboo Pictures, Inc., has the right to suspend or terminate any password-restricted account for any reason. The laws of the Commonwealth of Virginia and U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the courts located in the Commonwealth of Virginia. If any of these Terms is found to be inconsistent with applicable laws, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Peekaboo Pictures, Inc.’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and Peekaboo Pictures, Inc., and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Peekaboo Pictures, Inc., about the Site. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.