PeerBoxMobile - Mobile content sharing and social networking
 
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Terms and Conditions of Use

'You' means you or, if you are entering into this Agreement on behalf of your employer or another entity, then 'You' means that employer or entity and affiliates.

1. Your Acceptance
1.1 By using and/or visiting and/or submitting content to this website (including all content available from peerboxmobile.com and/or nareos.com and/or peerbox.com domain names owned and operated by Nareos inc. ('Nareos'), the 'Website', You signify Your assent to these terms and conditions and also to Nareos’ privacy policy available at http://www.peerboxmobile.com/peerboxmobile/Privacy.aspx. If You do not agree to these terms You have no right to make any use of the Website and to submit any content to it.

1.2 By clicking on the 'I Accept' button, You agree to enter into a binding agreement between You and Nareos and agree to all of these terms and conditions.

1.3 If You are visiting and/or submitting content to the Website on behalf of Your employer or any other entity, You hereby assert that You have the legal right to bind Your employer or any other entity to these terms and conditions.

1.4 Nareos reserves the right, at any time, in its sole and absolute discretion, to prevent any user from using the Website and/or from submitting any content, without notice or any liability, for any reason.

1.5 In order to submit any content to Nareos You will have to register and create a new account. Multiple accounts held by the same user or entity will be terminated without any notice. You are responsible for keeping Your account details updated.
2. Links
This Website may include links to other third party websites that are not owned and/or controlled by Nareos. Nareos has no responsibility whatsoever to the content and policies of third party websites. Whereas Nareos cannot control the content of third party websites, You hereby relieve Nareos from any liability arising from Your usage of these websites and assert to read the terms and conditions and privacy policy of any third party website, You shall choose to visit.
3. Website Access
3.1 Nareos hereby grants You permission to use the Website as set forth, provided that:
3.1.1 You will use the Website for only non-commercial purposes.

3.1.2 You will refrain from copying and/or distributing any part of this Website in any way, without the prior written authorization of Nareos.

3.1.3 You will not upload and/or send any content which includes any kind of harmful computer code, files or programs.

3.1.4 You will comply with all the terms and conditions mentioned hereunder.

3.2 To access some features of this Website You are required to create a personal account. Using another user's account is prohibited. When creating an account accurate and complete information must be provided. You are solely responsible for all activities made under Your account and therefore You are advised to keep Your password secure and refrain from using the same password to access other Websites. You will notify Nareos immediately in any case of suspicious activity and/or unauthorized use made on Your account. You hereby agree to be fully liable for the losses of Nareos and any other third parties due to unauthorized use of Your account.
3.3 You agree to not to use any kind of automated systems such as: 'robots', 'spiders', 'offline readers' that access the Website and send a large number of messages that a human cannot reasonably send by using a conventional web browser. Notwithstanding the foregoing, public search engines are granted permission to use spiders and copy information from the Website only to be used for searchable indices. Nareos reserves its right to revoke this permission either generally or in specific cases, without notice.

3.4 You are not allowed to collect and/or harvest any kind of personal information from users of this Website.

3.5 You will not solicit any of the users of the Website, for commercial use, with respect to their user submissions hereunder.

3.6 You acknowledge that access to certain content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material is permitted only if You are over the minimum age applicable in Your jurisdiction (often but not necessarily 18 or 21).
4. Content and User Submission
4.1 You retain all of Your ownership rights in Your submitted content. However, by submitting the content to Nareos, You hereby grant Nareos, and each and every user of the Website, in addition to any other rights which it has pursuant to any other program established by Nareos, a worldwide, royalty free, perpetual non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the submitted content in connection with the Website, including without limitation to grant access to the Website to third parties to view the submitted content (and derivative works thereof).

4.2 Nareos will not be obligated to return content uploaded by its users, under any circumstances. Nareos will not be responsible for any damages to the users’ submitted content, including loss or theft.

4.3 Nareos has the right to display advertisements in connection with displaying the content submitted by its users.

4.4 Nareos is not required to host and display and may remove or refuse to host any content submitted, without notice.

4.5 Nareos has the right to use Your name in connection with the content that You have submitted and also to use limited excerpts for promotional purposes.

4.6 You shall be solely responsible for Your submitted content and the consequences of posting or publishing it. You affirm, represent, and warrant that:
4.6.1 You own or have the necessary licenses, rights, consents, and permissions to use and authorize Nareos to use all patent, trademark, trade secret, copyright or other proprietary rights, related to Your submitted content.

4.6.2 You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the submitted content and to grant Nareos all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Nareos or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify Yourself in submitting the submitted content and/or misstate Your true identity.
5. Program Usage
You may use any programs downloaded from The Website only for viewing and/or submitting content with respect to these terms and conditions. Any other usage of the services provided by Nareos is strictly prohibited, including without limitation:
5.1 Selling or redistributing any program or any part of it.

5.2 Modifying, adapting, translating, breaking security and tampering with any program.

5.3 Removing any property rights notice from any program including copyrights and trademarks.

5.4 Attempting to collect any kind of information third parties using the Website and or submitting content for unauthorized purposes.

5.5 Transmitting any kind of malicious computer code or items of a destructive nature such as: Viruses, Worms, Trojan horses.

5.6 Using the program for any illegal, criminal or fraudulent activities.
6. Proprietary rights
6.1 All content on the Website, except user submitted content, including without limitation the text, software, graphics, photos, sounds, music, videos, service marks and logos are owned by Nareos and are subjected to copyright and other intellectual property rights.

6.2 Nareos does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Nareos will remove all content if properly notified that such content infringes on another's intellectual property rights. Nareos reserves the right to remove content without prior notice.

6.3 Nareos may remove such content and/or terminate Your access for uploading such content in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.

6.4 If You believe that Your content has been copied in a way that constitutes copyright infringement, please provide Nareos the following information:
6.4.1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

6.4.2 a description of the copyrighted work that You claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

6.4.3 a description of where the material that You claim is infringing is located on the Website, including the URL;

6.4.4 Your address, telephone number, and email address;

6.4.5 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;

6.4.6 a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
7. Disclaimer and Limitation of Liability
7.1 All content available from Nareos is provided 'AS IS' with no warranties whatsoever. Using any of the services provided by Nareos is at the user's sole risk.

7.2 Nareos and its third party service providers expressly disclaim any warranties regarding the security, reliability, performance, accuracy, completeness of the content provided and without limitation, assume no liability for any:
7.2.1 Errors, mistakes or inaccuracies.

7.2.2 Personal Injuries or property damages of any nature, resulting from using the Website.

7.2.3 Unauthorized use of our servers and/or any information stored therein.

7.2.4 Interruption or cessation of the transition to and from our servers.

7.2.5 Losses and damages of any kind (including loss of data and damages to computer systems), incurred as a result of use of any content submitted, posted, emailed, transmitted or otherwise made available through the Website, whether based on warranty, contract, tort, or any other legal theory, even when Nareos has been advised of the possibility of such damages.
7.3 In no way does Nareos warrant or assume responsibility for any product or service advertised by a third party through the Website.

7.4 You hereby acknowledge that Nareos will not be liable for any defamatory, illegal or offensive content, submitted by users and that the risk of harm or damage from the foregoing rests entirely on You.

7.5 You understand that when using the Website, You will be exposed to content from a variety of sources, and that Nareos is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You may have against Nareos with respect thereto, and agree to indemnify and hold Nareos, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Website.
8. Indemnity
You agree to indemnify, defend and hold Nareos and its directors, officers, employees, and applicable third parties harmless from and against any and all third party claims, liability, loss and expense (including reasonable legal fees, damage awards, and settlement amounts brought against any of the above mentioned entities, which may arise from: (i)Your submitted content, (ii) Your use of the Website, (iii) Your violation of third party rights, (iv) Your breach of this Agreement.
9. Ability to accept these terms of service
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, You affirm that You are over the age of 13.
10. General
10.1 You may not resell, assign or transfer Your rights arising from these Terms and Conditions, any attempt to do so will be void.

10.2 You agree that these Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.

10.3 Any claim or dispute between You and Nareos that arises shall be decided exclusively by a court of competent jurisdiction located in the State of New York.

10.4 These Terms of Service, together with the Privacy Notice, shall constitute the entire agreement between You and Nareos.

10.5 Nareos reserves the right to amend these Terms of Service at any time and without notice, and it is Your responsibility to review these Terms of Service for any changes.

10.6 You agree that any cause of action, available to You (if at all), arising out of Your use of the Website must commence within 1 year after the cause of action accrues; otherwise such cause of action is permanently barred.