Peer

Terms and Conditions

Last Updated: September 20, 2021

We’re thrilled you’ve decided to use our website, products, and services, all of which we refer to simply as the “Services.” These Terms of Service (which we simply call the “Terms”) were created for your understanding of the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract.

BY USING THESE SERVICES, YOU AGREE TO THESE TERMS. THESE TERMS FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND PEER, INC. PLEASE READ THEM CAREFULLY.

We may amend or modify these Terms at any time in our sole discretion by posting the amended Terms to the our website located at https://www.peerclub.com/ (“Website”) or by emailing you to the email address you provided to us upon signing up for our Services. If you do not agree or consent to our amended or modiﬁed Terms, you should not use the Services. Your continued use of the Services will be considered your acceptance of any amended Terms.

Nothing in these Terms will be deemed to confer any third-party rights or beneﬁts. Additional terms may apply to certain Services, and those additional terms will become part of your agreement with us if you use those Services.

If you do not agree to these Terms and/or our Privacy Policy, incorporated by reference, you should not use the Services. If you have any questions or concerns about these Terms, please contact us at support@peer.inc.

1.Services and Types of Services

A.Services

Provide a personalized posting experience for you.

Help you discover content, products, and services that interest you.

Empower you to express yourself and communicate what matters to you. Connect you with people and organizations you care about.

B.Types of Services

I.Live

II.Local

III.Crowd-Sourced

IV.Time Feed

2.Who Can Use The Services

A. Our Services are intended to be used by users above the age of 18. No one under the age of 13 is allowed to create an account or use the Services. If you are under the age of 18 but above the age of 13, you must have your legal guardian or parent agree to these terms on your behalf. We will offer additional Services that may require you to be even older to use them. Please read all terms carefully.

B. By using the Services, you represent that:

I. You are 18 years of age or you have the authorized consent from a legal guardian or parent;

II.You have the capacity and right to enter into this binding agreement with Peer, Inc;

III. You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction; and

IV. You will comply with these Terms and all applicable local, state, national, and international laws and regulations.

C. If you are using the Services on behalf of a business or some other entity, you represent that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

3.Your Account

In order to create an account with us and use the Services, you may need to provide us with certain information, such as your name, username, password, email address, phone number, location, gender, age, proﬁle pictures, and credit card information (“Account Information”). The information required to create an account may vary depending on the country, region, or type of user.

You are responsible for any activity that occurs in your account and for the accuracy and completeness of your Account Information. It’s important that you keep your account secure and safe from unauthorized users or access. One way to do that is to select a strong password that you don’t use for any other account and to limit access to your account by third parties. You are solely liable and responsible for all activity that occurs under your account, whether by you or any third-party. If you think that someone has gained access to your account, please immediately reach out to Peer Support at support@peer.inc.

By using the Services, you agree that, in addition to exercising common sense, that you will not:

Use the Services for any purpose that is illegal or prohibited in these Terms or by law;
Use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information;
Use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent;
Use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
Use the Services to submit, store, transmit, or process malicious code, worms or viruses;
Use the Services to submit, store, transmit, or process User Content that is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) libelous or defamatory; (c) fraudulent, tortious or unlawful; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) infringing of any person's rights, any applicable laws, or your obligations to any third party;
Use the Services to submit, store, transmit or process User Content that would give rise to criminal or civil liability or that encourages unlawful activity;
Gain unauthorized access to the Services, or to our systems or networks;
Interfere with or disrupt the integrity or performance of the Services, or third- party content contained therein;
Impersonate any person or entity or misrepresent your afﬁliation with any person or entity in connection with the Services;
Reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services;
Attempt to circumvent any content-ﬁltering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access; or
Unless otherwise provided, remove any copyright, trademark, or other proprietary rights notice from the Services.

In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms or that are harmful to us or our users. Nor may you help or enable anyone else in doing so.

4.User Content

A. You may submit comments, photos, testimonials, posts, questions, suggestions, or other information while using the Services (“User Content”), but such content cannot be, within our sole discretion, objectionable, illegal, obscene, defamatory, infringing of intellectual property rights, an invasion of privacy, or otherwise harmful to others or "spam". If you submit User Content, you must use a legitimate email address and you may not pretend to be any other person. We reserve the right (but not the obligation) to remove or edit such content, but we do not

regularly review posted content, nor do we endorse, promote or guarantee the accuracy or relevancy of the content. By transmitting or submitting any User Content while using the Services, you represent that such transmission or submission is (a) accurate and up-to-date; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such User Content will at all times be processed by us in accordance with these Terms and our Privacy Policy. You have the right to update and delete your User Content, and can do so through your account.

5.Rights You Grant Us

A. Many of our Services let you create, upload, post, send, receive, and store User Content. When you do that, you retain any ownership rights in that User Content you had to begin with. But you grant us a license to use that User Content. How broad that license is depends on which Services you use and the Settings you have selected. To the extent permitted by applicable laws, you hereby covenant not to assert against us any moral rights you may have in any of your User Content. The rights you grant herein are for the purpose of operating, promoting, and improving our Services, and to develop new services and products. You must have the necessary rights to grant us these rights for any User Content that you provide to us both directly and indirectly. You can ﬁnd more information about how we collect, use and store content in our Privacy Policy.

B. For all Services other than Live, Local, and any other crowd-sourced Service, you grant Peer a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, create derivative works from, and distribute User Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

C. Because the Time Feed and crowd-sourced Services are inherently public and chronicle matters of public interest, the license you grant us for User Content submitted to those Services is broader. In addition to the rights you grant us in connection with other Services, you also grant us a perpetual, fully-paid, world-wide license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display User Content submitted to the Time Feed or any other crowd-sourced Services in any form and in any and all media or distribution methods (now known or later developed).

D. To the extent it’s necessary, you also grant Peer and our business partners an unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice solely in Live, Local, or other crowd-sourced content that you appear in, create, upload, post, or send. This means, among other things, that you will not be entitled to any compensation from Peer or our business partners if your name, likeness, or voice is conveyed through the Time Feed or other crowd-sourced Services. You have the right to withdraw this consent and can do so by emailing us at [EMAIL].

E. While we’re not required to do so, we may access, review, screen, and delete your User Content at any time and for any reason, including if we think your User Content violates these Terms, our Privacy Policy, or infringes or violates a third party’s rights. You alone remain responsible for the User Content you create, upload, post, send, or store through the Service.

F.Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it.

Although Peer reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it and we do not guarantee the accuracy of any content provided through our Services. We do not endorse opinions, statements or content posted through our Services by third parties and users. We do not take responsibility for any content that others provide through the Services, including any third-party afﬁliates, partners, and service providers.

G. You hereby represent and warrant that you will indemnify and hold Peer and its’ directors, ofﬁcers, agents, employees, contractors and afﬁliates, harmless against all claims, actions, allegations, ﬁnes, damages, or loss resulting from or arising out of the User Content you provide to us or upload to or through the Services.

6.Restrictions on User Content

A.We reserve the right to cancel your account at any time for any reason in our sole discretion. Your account may be cancelled for several reasons, including, but not limited to:

I.Violating these Terms or our Privacy Policy;

II.Submitting any unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable User Content or content that violates our policies;

III.Posting or otherwise uploading any sexually explicit User Content through the Services;

IV. Using obscene or otherwise offensive language or user conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation;

V.Posting any unsolicited or unauthorized advertising, “spam,” or junk mail, including “chain letters” and “pyramid schemes”;

VI. Submitting any User Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right;

VII. Uploading a virus or User Content designed to disrupt, limit, or damage any functionality of any computer software, hardware or server; or

VIII. If we, in our sole discretion, deem it necessary and appropriate.

7.Removal of User Content

A.We take the rights of others very seriously. If you have any concerns that User Content is improper or infringing, please contact us at support@peer.inc, and if you would like the User Content removed, please provide us with:

a.A detailed description of the objectionable content, including where it is located;

b.A statement that you have a good faith belief that the poster does not have permission to use the said objectionable content;

c.A statement that you are the owner, or exclusive agent of the owner, of the objectionable content;

d.Your contact information, including telephone number and physical address, and;

e.A signed and sworn statement, under penalty of perjury, that your statements above are true to your knowledge.

We will try our best to remove any infringing User Content, but are under no obligation or responsibility to do so. If you believe any User Content infringes your

rights under U.S. copyright laws, we encourage you to review and follow the steps in Section 11 of these Terms.

8.Cancellation

A.Without limiting or waiving any of our other rights under these Terms, we may limit, suspend, terminate, modify, or delete your account or access to the Services if you are, or we suspect that you are, failing to comply with any of these Terms for any actual or suspected illegal or improper use of the Services, with or without notice to you. Additionally, we may limit, suspend, terminate, modify, or delete your account or access to the Services if we believe that you are infringing our intellectual property rights or the rights of any third parties, or are acting in a way that we believe, in our sole discretion, is inconsistent with the letter or spirit of our Terms or any published policies.

B.At any time, you may cancel your account with us by emailing us at support@peer.inc or through your account preferences.

9.Fees, Payment Gateway and Refunds

A.Using our Services is free. However, if you choose to use certain advanced features or services, you may be required to pay the then- listed price associated with such advanced features or services, along with applicable fees and taxes (“Fees”).

B.You may pay any Fees by using the coins earned through using the Services (“PEERs”) or by credit card.

C.For credit card payments, we use third party payment gateways (“Third Party Payment Gateways”), such as Stripe, to process any applicable Fees and/or payments. By using the Services, you hereby agree to the terms of use and privacy policy of the then-current Third-Party Payment Gateway. We are not liable for any issues arising from or related to your breach of any Third-Party Payment Gateway’s policies. We may, from time-to-time, change our Third-Party Payment Gateway, and will provide you with written notice of such change. All information collected through our Third-Party Payment Gateway, such as credit card information, names, and addresses, may be accessible to us but will not be used, sold, or stored by us. We are not liable for any data breach or security incident, or compromised personal information that is caused, directly or indirectly, by you or the Third-Party Payment Gateway. You are responsible for any data or personal information that you provide to any Third-Party Payment Gateway.

D. If you choose to delete certain data or personal information from your account, we may not be able to process payments, fees, refunds, orders, credits, promotions or offers with our Third-Party Payment Gateway.

E.We will honor refunds on a case-by-case basis, but we are in no way obligated to provide any refunds under any circumstances. In order to request a refund, please send us an email at support@peer.inc.

10.Intellectual Property

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access while using the Services. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain written permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in or displayed on our Services. You agree not to remove, obscure, or alter any legal notices displayed in or along with our Services.

A.These Terms do not grant you any right to:

I.Use branding, logos, designs, photographs, videos, or any other materials used in our Services;

II.Copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Term; or

III.Use the Services or any content on the Services for any commercial purposes without our written consent.

11.Copyright Complaints and Digital Millennium Copyright Act

A.Peer honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Peer becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account. We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please email support@peer.inc.

B.If you ﬁle a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). Speciﬁcally, the notice must:

I.Contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;

II.Identify the copyrighted work claimed to have been infringed;

III.Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufﬁcient to let us locate the material;

IV. Provide your contact information, including your address, telephone number, and an email address;

V.Provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

VI. Provide a statement that the information in the notiﬁcation is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

C. Counter-Notices. If you believe that a notice of copyright infringement has been wrongly ﬁled against you, the DMCA permits you to send us a counter- notice. Counter-notices must include the following information:

i.Your name, address, and telephone number;

ii.A description of the source of the content that was removed;

iii.A representation under penalty of perjury that you believe that the content was removed in error;

iv.A representation that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district that Peer chooses, and that you will accept service of process from the person who provided the original complaint; and

v.Your signature (physical or electronic is acceptable).

12.Communications. In connection with your use of the Services, you agree that we may send you service announcements, administrative messages, notiﬁcations, offers, promotions, afﬁliate information and other important information. You may opt out of some of those communications by clicking the “unsubscribe” button on the bottom of all emails sent from us to you, or by altering your communication preferences by logging into your account. However, there are certain material transactional or data privacy emails you may not opt out of. Additionally, 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.

13.Third Party Afﬁliates and Content

A.In order to enhance your experience, we may display and use some content and services that are not owned or operated by us, including advertisements (“Afﬁliate Content and Services”). The third party owners of any Afﬁliate Content and Services are solely responsible for the content and service they provide to you, and we in no way guarantee the accuracy of the Afﬁliate Content and Services or their compliance with their own terms of use and privacy policies. You should review any Afﬁliate Content and Services’ terms and policies to make sure you agree with their terms and policies. We are under no obligation to ensure that those Afﬁliate Content and Services work error-free, are accurate and are up-to-date. We may (but are not obligated to) review Afﬁliate Content and Services to determine whether it is illegal or violates our policies, and we may remove or refuse to display the Afﬁliate Content and Services that we reasonably believe violates our Terms, Privacy Policy, or the law.

B.Our Services may contain links to other third-party websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy or other practices of such third-party websites and/or vendors. Accordingly, we cannot and will not be responsible for any issues, including offensive or malicious content, usability, or other problems with or related to those websites. You are solely responsible for reading and understanding the policies and terms of use of any other website that you visit or third-party services that you use, both directly and indirectly relating to the Services.

C.If you delete your account or data (or a portion thereof) with us, we will request that our third-party afﬁliates do the same, but we are not responsible for conﬁrming their compliance or requesting following up with the request. Further, we are not responsible or liable for the actions or omissions of any third-party afﬁliate in regard to their use, processing, sharing and/or transferring of such data. You are responsible for notifying or requesting the deletion of your data or personal information to any third-party afﬁliate to whom you’ve separately provided your data or personal information.

14.Disclaimer of Warranties and Limitation of Liability. PEER AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY PEER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION,

CONTENT, MATERIALS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES; INFORMATION, CONTENT, MATERIALS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES; SERVERS; OR COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

PEER support@peer.inc

720 N 10th St, Suite A #346 Renton, WA 98057