PeerDreams Terms and Conditions of Use

Basic Terms of Use

1. The purpose of the PeerDreams website is for posting your project/idea for which you are seeking funding. 2. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links that you submit, post, and display on PeerDreams. 3. You may not post any material that is unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive inflammatory, hateful or racially, ethnically or otherwise objectionable. 4. PeerDreams is intended for personal use and is not a generic hosting service. 5. You are responsible for keeping your password secure. 6. You are responsible for any activity that occurs under your screen name. 7. You may not impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity. 8. You must not abuse, harass, threaten, impersonate, intimidate, slander, stalk or otherwise harm in any way any PeerDreams member. 9. You must not modify, adapt or hack PeerDreams or modify another website so as to falsely imply that it is associated with PeerDreams. 10. You may not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 11. You must not create or submit unwanted email to any PeerDreams members ("Spam"). 12. You may not use PeerDreams for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. 13. You must not, in the use of PeerDreams, violate any laws in your jurisdiction (including but not limited to copyright laws), whether or not intenional.

General Conditions

1. We reserve the right to modify or terminate your PeerDreams account for any reason, without notice, at any time. 2. We reserve the right to alter these Terms and Conditions of Use at any time. If the alterations constitute a material change , we will notify you by posting the updated version on the website. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. We encourage you to periodically review these Terms and Conditions of Use when you use the PeerDreams website to see if there have been any changes. 3. We reserve the right to refuse service to anyone for any reason at any time. 4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. 5. The PeerDreams service makes it possible to post content hosted on PeerDreams to outside websites. This use is accepted (and even encouraged!). However, pages on other websites which display content hosted on PeerDreams must provide a link back to PeerDreams directly to the original content on PeerDreams.

Privacy Policy

PeerDreams believes in the privacy of your personal information. PeerDreams has adopted, and posted, its Privacy Policy on its website. Any violation of PeerDreams' Privacy Policy is a violation of these Terms and Conditions and will result in the termination of your PeerDreams account.

Copyright

All PeerDreams website materials, including without limitation, the PeerDreams logo, design, text, graphics, other files and the selection and arrangement thereof (collectively "content") are either ALL RIGHTS RESERVED Copyright © 2007 or are the proprietary property of PeerDreams. You may electronically copy and print to hard copy portions of the PeerDreams website for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided that you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance, without ht prior written permission of PeerDreams is strictly prohibited.

Trademarks

"PeerDreams.com", "PeerDreams" and all other trademarks on the PeerDreams website are either trademarks or registered trademarks of PeerDreams and may not be copied, imitated or used in whole or in part, without the prior written permission of PeerDreams. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, and/or trade dress of PeerDreams, and may not be copied, imitated, or used in whole or in part, without the prior written permission of PeerDreams. All other trademarks registered trademarks, product names and company names or logos mentioned on the website are the property of their respective owners.

PeerDreams may have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any web pages, and any software that are part of the website. Unless PeerDreams has granted you licenses to its intellectual property, PeerDreams providing you with such web pages or any software does not give you any license to its intellectual property. Any rights not expressly granted herein are reserved.

Hyperlinks

You are granted a limited, nonexclusive right to create a hyperlink to the homepage of PeerDreams website only, provided such link does not portray PeerDreams, its users or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any PeerDreams trademark, logo or other proprietary information, including the images found at the PeerDreams website, the content of any text or the layout/design of any page or form contained on any page of the PeerDreams website, without PeerDreams express written consent. Except as noted above, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright or proprietary right of PeerDreams or any third party.

Third-Party Content & Services

PeerDreams may provide hyperlinks to sites and content of third parties ("Third-Party Content") as a service to those interested in this information. PeerDreams does not monitor nor does PeerDreams have control over any Third-Party Content. PeerDreams does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. PeerDreams does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third Party-Content contained therein at their own risk.

Submissions

By submitting, disclosing or offering any story, review, photograph, image, "favorites" list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts and other information, content or material, or other item (each, a "Submitted Item") to PeerDreams, either online or offline and whether or not solicited by PeerDreams, you hereby grant to PeerDreams an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party.

You hereby represent and warrant that (a) you have all necessary right, power and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at PeerDreams expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by PeerDreams to effect, perfect and confirm the license granted to PeerDreams to your Submitted Item as set forth herein.

Publication or use of any Submitted Items is at the sole discretion of PeerDreams and PeerDreams is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Website or otherwise used by PeerDreams, we will include your name in conjunction with such publication, posting or use. By submitting, disclosing or offering a Submitted Item, you hereby grant PeerDreams the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and email address with your Submitted Item so that we can contact you if we have any questions about your Submitted Item; however, only your name and not your email address will be published with your Submitted Item.

Disclaimer

THE PEERDREAMS WEBSITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE THAT USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. PEERDREAMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PEERDREAMS DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PEERDREAMS DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.

PeerDreams reserves the right to change any and all Content contained on the PeerDreams website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PeerDreams.

Limitation of Liability

IN NO EVENT SHALL PEERDREAMS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE, EVEN IF PEERDREAMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless PeerDreams and its affiliates, officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs and expenses, including attorneys fees, arising from or related to your use of the PeerDreams website or any materials or submissions you provide, including, but not limited to, any claim by a third party that any materials or submissions infringe or violate such third party's rights or interests.

Removal and Disclosure

PeerDreams reserves the right to, at its sole discretion, remove, take down, destroy or delete any material and submissions at any time and for any reason, including, but not limited to material and submissions, that we deem inappropriate or which we believe may subject us to any liability. We may access, use and disclose transaction information about your use of the PeerDreams website, and any material and submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in Santa Clara County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.

Termination

PeerDreams reserves the right, without notice and in its sole discretion at any time, to terminate your license to use the PeerDreams website, to block or prevent future access to and use of the Website, and to remove and discard any material and submissions.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Copyright Complaints

PeerDreams respects the intellectual property of others, and we ask our users to do the same. PeerDreams may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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, pursuant to Title 17, United States Code, Section 512(c)(2) PeerDreams' Copyright Agent 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.

PeerDreams' Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

PeerDreams Copyright Agent
280 Hope Street
Mountain View, CA 94041
Email address: copyrightagent@peerdreams.com