TERMS OF USE

Last updated: 03/09/2020

1 / THE COMPANY

The application for smartphone “Peeps” (“the Application”) is developed by RDV Entertainment (“the Company”), a simplified joint-stock company with a capital of 10,000 euros, incorporated in France and entered on the Paris Trade and Companies Register under number 401 899 349, having its registered office at 3 Boulevard Sebastopol, 75001 Paris.

2 / THE APPLICATION

The Application Peeps is semi-public: The information you decide to publish in the Application can be seen by the other users of the Application, and easily shared to non-users of the Application.

Users who view these informations may use it without your and/or our control. You are responsible for your messages and other information you provide through our services. Be careful about the content you send and do not share personal information. You should only provide content that you are comfortable sharing with others.

The Company is not responsible for the conduct of other users and makes no warranties as to the conduct of other users. You are solely responsible for your interactions with any user on or off of the Application. You agree to use caution in all interactions.

3 / CONDITIONS OF USE

A) ACCEPTANCE

Your use of the Application indicates that you agree to abide by these Terms of Use and all other operating rules, policies and procedures that may be published from time to time through the Application by us, including Privacy Policy. If you do not accept to be bound by all of the terms of these agreements, do not use the Application.

B) MODIFICATION

The Company reserves the right to modify the Terms of Use and the Privacy Policy at any time and in any way. You can consult at any time the latest versions of these documents; you will be informed of any significant changes. The most recent version is the version that applies. If you continue to use the Application after the changes become effective, then you agree to the revised Agreement.

C) ELIGIBILITY

You may use the Application only if you agree to form a binding contract with the Company and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old to use the the Application.

4 / YOUR ACCOUNT

A) CREATION

When creating your account, you must provide accurate information. The Company reserves the right to terminate your access to the Application in case of inaccurate or false information.

B) USE

You are responsible for the activity of your account on the Application and your password is personal and confidential. In case of unauthorized use of your Account, inform us.

C) TERMINATION

The Company reserves the right to terminate your access to the App for any reason, without notice, at any time, and in its sole discretion, with or without cause. This termination may result in the removal of all information associated with your use of the Application.

5 / PRIVACY POLICY

Our Privacy Policy describes how we handle the information you provide to us when you use the Application. You understand that through your use of the Application you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to other countries for storage, processing and use by the Company.

6 / LICENSE

Subject to these Terms of Use, the Privacy Policy and the laws of the entrant’s country, the Company grants each user a worldwide, non-exclusive, non-transferable license to use the Application and its contents. The use, reproduction, modification, distribution or storage of any Content (other than your User Content) for purposes other than the use of the Application is expressly prohibited.

7 / CONTENT

A) DEFINITION

The term “Content” includes, but is not limited to, all text, written messages and comments, photographs and videos accessible in the Application. “User Content” means all content created by users, whether publicly published or privately transmitted.

B) LIABILITY

All Content is the sole responsibility of the person who originated such Content, and you are responsible for the Content you post. In particular, it is your responsibility to ensure that the content you post is in accordance with the law of your country, these Terms of Use and the Privacy Policy.

The Company is not responsible for any content or User Content that you or another user or third party posts, sends or receives through the Application. We may not monitor or control the Content posted via the Applications and, we cannot take responsibility for such Content. 

You understand that by using the Applications, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Any use or reliance on any Content or materials posted via the Application or obtained by you through the Application is at your own risk. 

C) RESTRICTIONS

You must not use the App for purposes that are prohibited by these Terms of Use. In particular, you must not publish Content a) false or inaccurate b) offensive, vulgar, obscene or defamatory c) contrary to the law in force in your country d) infringing any intellectual property or the right of others e) constituting a advertising (“spam”).

The Company reserves the right to determine, in its sole discretion, the inappropriateness of the User Content. You agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Application.

Any publication of inappropriate content or contrary to these restrictions will result in termination of access to the Application.

D) LICENSE

By posting Content via the Application, you grant the Company a non-exclusive, irrevocable, worldwide, royalty-free, fully paid, assignable and transferable intellectual property rights license to us to use, copy, modify and use it.

8/ USE OF THE APPLICATION

A) GENERAL

The Application is provided “as is” and without warranty of any kind, express or implied, from the Company. In particular, the Company does not guarantee a) that the Application will always be secure b) will always be available c) will always be free of bugs, malfunction or viruses. Your use of the Application is at your own risk.

B) RESTRICTIONS

You must not attempt to disrupt, damage or limit the operation of the Application. 

In particular, you should not conduct actions that could impose a disproportionate burden on our infrastructure, attempt to derive source code from the Application, attempt to modify the operation of the Application, or use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Application or its contents.

The Company reserves the right to determine, in its sole discretion, the malicious nature of an action. Any malicious action will result in the termination of access to the Application and will be prosecuted under the provisions of the Penal Code.

C) SAFETY

The Company is not responsible for the conduct of other users and makes no warranties as to the conduct of other users. You are solely responsible for your interactions with any user on or off of the Application. You agree to use caution in all interactions. In particular, you agree that you will not provide your financial information, or wire or otherwise send money, to other users.

9/ INTELLECTUAL PROPERTY

The Application and all rights attached are the exclusive property of the Company. All trademarks, logos and other distinctive signs reproduced on the Application are the exclusive property of the Company and, as such, are protected by the provisions of the Intellectual Property Code. Any unauthorized reproduction of these trademarks, logos and symbols constitutes a copyright infringement that is subject to prosecution.

10/ LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, to any loss of data, use, goodwill, or other intangible losses, resulting from: (1) your access to or use of or inability to use or access or use the service, (2) the conduct or content of other users or third parties on, through, or following use of the service; or (3) unauthorised access, use or alteration of your content, even if the Company has been advised of the possibility of such damages.

11/ PENAL PROVISIONS AND DISPUTES

Any difficulty that may arise from the application or interpretation of these Terms of Use, or that would not be provided for by it, shall be decided by the Company.

The applicable law of these Terms of Use is the French law. Any litigation arising from the application will be submitted to the competent jurisdictions to which the Company’s registered office is subject, unless there are public policy provisions to the contrary.

12/ PEEPS LAUNCH GIVEAWAY

To celebrate the launch of Peeps, we’re giving away one $100 Amazon Gift card every week during the contest duration. A winner will be drawn at random by the sponsor, RDV Entertainment SAS, every Friday starting on the 11th of June 2020 and every subsequent week until the 3rd of July 2020. No purchase necessary.

Eligibility
You need to be 18+ and have a US phone number to participate. RDV Entertainment employees and their family aren’t eligible to participate.

Prize
One US$100 Amazon Gift Card will be given away per draw.

How to Enter
Peeps users with an active account that have 5 friends in the Peeps app are automatically eligible for the sweepstake. No further registration required.

Winner Selection
Every participant has an equal chance to win the sweepstake. The winner will be chosen at random.

Winner Notification
The winner will be contacted by SMS with the phone number provided in the Peeps app. The prize should be claimed within 7 days or it is void.

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