WEB SITE TERMS AND CONDITIONS OF USE
Welcome to EverythingPeacock.com. Everything Peacock, LLC and/or its affiliates provide Web site features to you subject to the following conditions. By accessing this Web site, you are agreeing to be bound by these Web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Web site are protected by applicable copyright and trade mark law. The Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Everything Peacock, LLC. or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Everything Peacock, LLC and protected by U.S. and international copyright laws. All software used on the Site is the property of Everything Peacock, LLC. or commercial software suppliers and is protected by U.S. and international copyright laws.
a. EverythingPeacock.com (hereafter “Everything Peacock, LLC”) grants you permission to temporarily download, or otherwise access one copy of the materials on this Web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on Everything Peacock, LLC’s Web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Everything Peacock, LLC. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
DISCLAIMER; NO WARRENTY
The materials on Everything Peacock, LLC’s Web site are provided “as is”. Everything Peacock, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Everything Peacock, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Web site or otherwise relating to such materials or on any sites linked to this site. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party’s obligation to notify Everything Peacock, LLC of the error or omission; however, Everything Peacock, LLC does not warrant that such error or omission will be corrected.
Everything Peacock, LLC and the blogs, articles, comments, answers, questions and other features therein are for informational purposes only and provided “as is” without warranties, representations, or guarantees of any kind. Content on EverythingPeacock.com should never be used as a substitute for advice from a qualified professional. Everything Peacock, LLC shall not be liable for the accuracy, usefulness or availability of any EverythingPeacock.com content, and you agree to hold Everything Peacock, LLC harmless from any loss, harm, injury or damage resulting from or arising out of your use of or reliance on any EverythingPeacock.com content.
EVERYTHINGPEACOCK, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ITS CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVERYTHINGPEACOCK, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEB SITE AND ITS CONTENT, INCLUDING THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
USE OF THE EVERYTHINGPEACOCK.COM WEB SITE INCLUDING BUT NOT LIMITED TO THE USE OF ANY LEGAL FORM, ANY INTERACTIVE AREA, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU
In no event shall Everything Peacock, LLC or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Everything Peacock, LLC’s Internet site, even if Everything Peacock, LLC or a Everything Peacock, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Everything Peacock, LLC and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
All transactions made based on information from the Service are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Service, you acknowledge and agree that Everything Peacock, LLC has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Service.
You agree to indemnify, defend, and hold harmless Everything Peacock, LLC and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys’ fees, and costs incurred in connection with any claim arising our of your use of the Service or any breach by you of these Terms and Conditions. Everything Peacock, LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of Everything Peacock, LLC.
Everything Peacock, LLC shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Service. Everything Peacock, LLC does not warrant that the Service will be uninterrupted, error free, or virus free; nor does Everything Peacock, LLC make any warranty as to the results to be obtained from use of the Service or its Content. The Service and its Content are distributed on an “as is, as available” basis. Everything Peacock, LLC MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of Everything Peacock, LLC shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the content is assumed solely by you.
CORRESPONDENCE RECEIVED AND COMMUNICATION
Everything Peacock, LLC reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to Everything Peacock, LLC may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and Everything Peacock, LLC.
You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through Everything Peacock, LLC any information that (i) restricts or inhibits any other user from using or enjoying Everything Peacock, LLC, (ii) in Everything Peacock, LLC’s discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.
Everything Peacock, LLC is not responsible for the availability of, or the content located on or through, any external site referenced on its Services or in its communications. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from Everything Peacock, LLC and its sites do not constitute an endorsement by Everything Peacock, LLC of any third party products or services.
REVISIONS AND ERRATA
The materials, services, and products (including the products and services offered through Everything Peacock and provided by third parties) appearing on Everything Peacock, LLC’s Web site could include inaccuracies, technical errors, typographical errors, photographic errors bugs, and other problems. Everything Peacock, LLC’s does not warrant that any of the materials on its Web site are accurate, complete, or current. Everything Peacock, LLC may make changes to the materials contained on its Web site at any time without notice. Everything Peacock, LLC does not, however, make any commitment to update the materials.
When you visit EverythingPeacock.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TRADEMARKS, LOGOS AND SERVICE MARKS
The trademarks, logos, and service marks, including but not limited to Everything Peacock, LLC (collectively, the “Trademarks”) displayed on the Site are the Trademarks of Everything Peacock, LLC. Nothing contained in the Everything Peacock Web site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Everything Peacock, LLC or the third party that owns the Trademarks displayed on the Everything Peacock Web site. Your use of the Trademarks displayed on the network, or any other content on the network, except as provided in this Agreement, is strictly prohibited.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Everything Peacock, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Everything Peacock, LLC and protected by U.S. and international copyright laws. All software used on this site is the property of Everything Peacock, LLC or its software suppliers and protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
Everything Peacock, LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Everything Peacock, LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Everything Peacock, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Everything Peacock, LLC without express written consent. You may not use any meta tags or any other “hidden text” utilizing Everything Peacock’s name or trademarks without the express written consent of Everything Peacock, LLC. Any unauthorized use terminates the permission or membership granted by Everything Peacock, LLC. You may not use any Everything Peacock logo or other proprietary graphic or trademark as part of the link without express written permission.
REGISTRATION AND ACCOUNT CREATION
USE OF USER ID/PASSWORD:
If you register and/or set up an account on the Web site, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Everything Peacock, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Everything Peacock, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Everything Peacock, LLC and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Everything Peacock, LLC for all claims resulting from content you supply. Everything Peacock, LLC has the right but not the obligation to monitor and edit or remove any activity or content. Everything Peacock, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
MEDICAL INFORMATION DISCLAIMER
The Web site is not a forum for the exchange of medical information, advice or the promotion of self-destructive behavior (e.g., eating disorders, suicide). While you may freely discuss your troubles, you should not look to the Web site for information or advice on such topics. Instead, we recommend that you talk in person with a trusted adult that you know or a medical professional.
THE INFORMATION ON THIS WEB SITE IS PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, SERVICE PROVIDER AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THIS WEB SITE.
Everything Peacock, LLC may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any database, feature, or content, without prior notice or liability. Everything Peacock, LLC reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.