PLEASE READ THIS EULA CAREFULLY BEFORE USING THE PEEK - LIVE VIDEO CHAT APP. BY USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE THE APP.
You acknowledge that this EULA is concluded between You and Planix LLC, and not with Apple, and You, not Apple, are solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for Licensed Applications that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date (which You acknowledge You have had the opportunity to review).
The license granted to the End-User for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Planix LLC is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Planix LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Planix LLC, and Planix LLC will refund the purchase price for the Licensed Application to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Planix LLC's sole responsibility.
You acknowledge that Planix LLC, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end-user's possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application's use of the HealthKit and HomeKit frameworks. This EULA may not limit Planix LLC's liability to the End-User beyond what is permitted by applicable law.
You acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes that third party's intellectual property rights, Planix LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
The End-User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
The license is effective until terminated by the End-User or by Planix LLC. Your rights under this license will terminate automatically without notice from Planix LLC if the End-User fails to comply with any term(s) of this license. Upon termination of the license, the End-User shall cease all use of the Licensed Application and delete all copies, full or partial, of the Licensed Application.
You agree to indemnify, defend and hold harmless Planix LLC and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, demand or proceeding by a third party that arises out of (i) the End-User’s use of the Licensed Application, (ii) any breach of the EULA by the End-User, or (iii) any violation of applicable laws or regulations by the End-User.
The Licensed Application is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Planix LLC does not warrant that the Licensed Application will meet the End-User’s requirements or that the operation of the Licensed Application will be uninterrupted or error-free. The End-User assumes all responsibility for selecting the Licensed Application to achieve its intended results and for the installation, use and results obtained from it.
To the maximum extent permitted by applicable law, in no event shall Planix LLC be liable for any indirect, special, incidental, consequential or punitive damages whatsoever arising out of or in connection with the use of or inability to use the Licensed Application, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to the use of or inability to use the Licensed Application, even if Planix LLC has been advised of the possibility of such damages.
The End-User agrees not to use the Licensed Application to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. The End-User also agrees not to use the Licensed Application to harm minors in any way, including, but not limited to, by uploading or transmitting pornographic or sexually explicit material involving minors. Planix LLC has a zero-tolerance policy for objectionable content or abusive users and reserves the right to immediately terminate the license and report such users to the appropriate authorities.
This EULA and any dispute arising out of or in connection with this EULA shall be governed by and construed in accordance with the laws of the State of Wyoming without giving effect to any principles of conflicts of law. The parties irrevocably agree that any legal action or proceeding arising out of or in connection with this EULA shall be brought in the federal or state courts located in the State of Wyoming, and the parties hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.
This EULA constitutes the entire agreement between you and Planix LLC and supersedes all prior agreements or understandings, whether written or oral, regarding the Licensed Application. Any modification or amendment to this EULA must be made in writing and signed by both parties.
If you have any questions, complaints, or claims regarding the Licensed Application or this EULA, please contact Planix LLC at the following address:
Planix LLC
312 W. 2nd St #2982
Casper, WY 82601
USA
By downloading, installing, and using the Peek - Live Video Chat app, you agree to be bound by the terms and conditions of this EULA. If you do not agree with any of the terms and conditions of this EULA, do not download, install, or use the Licensed Application.