Terms & Conditions
Terms & Conditions
The following sets forth the Terms of Acceptable Use (“TAU”) for the "Peggy" Website and Desktop applications (together referred to as “Site”), along with the related software, features, and services (together referred to as “Services”), whether provided to you directly by Peggy or distributed by a third party. This TAU may be updated by Peggy from time to time without notice to you. You can review the most current version of the TAU at any time by accessing the links at the bottom of the software. In addition, when using any of Peggy's services, you are subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. You are expected to read and understand the terms and conditions set forth herein, in addition to any terms and conditions which may be posted with respect to any of Peggy's services.
Language of Terms
Where Peggy has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Peggy. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
User Conduct
You are responsible for any and all information, data, text, software, music, sound, photographs, graphics, videos or other material (“Content”) that you use to create products, or upload, post, email, transmit or otherwise make available. Peggy does not control the Content you use to create products, or post via the Services and, as such does not guarantee the accuracy, quality, or integrity of such Content. Under no circumstances will Peggy be liable in any way for any Content, including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available or any content unavailable in any way via the Services.
You agree not to use the Service to upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive, defamatory, harassing, tortuous, obscene, or libelous; harms minors or others in any way; or infringes any patent, copyright, trademark, trade secret or other intellectual property of any other party. You agree that you obtain no copyright or other intellectual property right in any Themes, Occasions, Graphics, or any third-party branding, logos, characters or slogans (Licensed Content) provided from this service; that you will not use the Licensed Content in any way that implies or otherwise suggests any endorsement by, personal relationship with, or defamation of the licensor or the subject(s) of the Licensed Content; and that you will not duplicate or republish the customized products containing Themes, Occasions, Graphics, or Licensed Content in any manner.
Peggy may at any time and in its sole discretion refuse or remove any Consumer Content that Peggy deems to be Objectionable Content or to be a violation of the Peggy TAU. Peggy may, as appropriate, report to law enforcement agencies or other authorities any Objectionable Content and cooperate with law enforcement agencies or other authorities in any investigation of Objectionable Content.
You agree to not interfere with or disrupt the functionality of any computer hardware, software or system, or telecommunications equipment through any material that contains a computer or software virus; intentionally or unintentionally violate any applicable local, state, federal or international law; impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity through any means, including but not limited to forging e-mail headers, forging return e-mail addresses, or otherwise hiding the actual identity of the sender; sending spam, sending unsolicited bulk/commercial e-mail, distributing unsolicited advertisements or forwarding chain letters. You further agree not to use the Services for denial-of-service attacks, 'pingflooding', 'SYN- flooding', e-mail harassment or bombing, IRC harassment (*1), running IRC bots, sharing an account with a non-user, causing or allowing to cause access to the Services by any unauthorized user, e-mail harassment, spamming, mailbombing, or causing or allowing access to any other service of any organization without authorization or with intent to cause damage or to gain access beyond that allowed by the organization.
Peggy TAKES CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT AND INCIDENTS OF SPAM VERY SERIOUSLY.
You acknowledge that Peggy does not pre-screen Content, but shall have the right (but not the obligation) in its sole discretion to refuse, remove or move any Content that is available via the Services. Without limiting the foregoing, Peggy shall have the right to remove any Content that violates the TAU or is otherwise objectionable. You agree that you must bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Peggy specifically does not warrant or guarantee or agree to preserve the integrity of any Content left on the Site and you agree to maintain copies of all Content loaded onto the Site. Peggy agrees to allow you to temporarily maintain Content on the Site only with the understanding and acknowledgement that all such Content may be deleted, lost, modified or corrupted from time to time and should be preserved separately by you.
Peggy Account
You may optionally activate a Peggy Account in order to use some of our Services. To prevent unauthorized access, you agree not to share your account password with others. If you learn of any unauthorized use of your password or account, send an email to: PRIVACY@peggy.US
Legal Use of Computer Systems
The Services are only to be accessed and used by those authorized to do so. You agree not to reproduce, duplicate, copy, sell, resell, rent, timeshare or otherwise exploit for commercial purposes, any portion of the Services, use of the Services or access to the Services.
Proprietary Rights
Users of the Services acknowledge that Internet content presented through the Services may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Such materials may not be used, copied, reproduced, transmitted, distributed, or used to create derivative works without the authorization of the owner of such proprietary right or as otherwise allowed by law.
Peggy expects its users to respect the intellectual property of others. 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 Peggy's Copyright Agent (whose contact information is set out below) with 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 or other intellectual property 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Peggy's Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Peggy, Inc. 16624 Chevalin St. Austin, Texas - 78738
By Email: NOTICE@PEGGY.US
Peggy's Rights
Peggy may terminate a user's access to any of the Services at any time in its sole discretion. Peggy has the right to charge an individual or organization for Services rendered if it determines that the individual or organization has knowingly used Services that are normally charged for without Peggy's express permission. This includes, but is not limited to, network bandwidth, system usage, disk storage, employee compensation to investigate or intervene, and any associated downtime caused by abuse of Peggy's Services.
Individual Services
Peggy's may increase prices and add or delete Service(s)/features to or from the Services without notice. Prices may vary. You agree that Peggy has no responsibility or liability for the deletion or failure to store any products, photos, images, text, music or other Content maintained or transmitted by the Services. You acknowledge that Peggy reserves the right to remove files that are inactive for an extended period of time. You further acknowledge that Peggy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You acknowledge that Peggy may establish general principles and limits concerning use of the Services, including without limitation the maximum number of days that products, content or other upload will be retained by the Site, the maximum size of any product, content or upload that may be sent from or received by a user account, the maximum amount of disk space that will be allotted to you on Peggy's servers and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.
Copyright
Peggy owns the Copyright in the pages, the screens displaying the pages and in the information, materials and other content contained in this Site, and all Software and theme content downloaded by you from the Site unless otherwise indicated, and all rights are protected by U.S. and international copyright laws and treaties. The software, information, materials and other content of this Site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without Peggy’s express written consent, which shall be in its sole discretion.
Third-Party Components
Certain third-party components or content such as fonts are distributed under license from their providers.
Use of Software
Peggy grants to each customer a limited and nonexclusive license to install and use the Peggy Software (including any software from third-party vendors that Peggy distributes) in object code format, its associated documentation, and any updates thereto ("Software") in order to access and utilize the Services and for no other purpose. Peggy may modify the Software at any time, for any reason, and without providing notice of such modification to a customer.
The Peggy Software is Peggy’s confidential and proprietary information and it embodies trade secrets and intellectual property rights protected under United States copyright laws, other laws, and international treaty provisions. All rights, title, and interest in and to the Software, including associated intellectual property rights, are and shall remain, Peggy property. By installing the Software on your computer, you agree to the terms and conditions of this TAU. In addition you agree not to translate, decompile, reverse engineer, the Software or any part thereof.
Cookies
A cookie is a piece of data stored on the user’s hard drive that contains information about a user for a particular site. uses cookies to track your visit and ultimately improve the Site. Most browsers are initially set to accept cookies. If you do not want to automatically accept cookies, you can set your browser to notify you when you receive a cookie and you can then decide whether or not to accept it.