Date of Last Revision: July 2021. 

A. Statement of Rights and Responsibilities 

These Terms and Conditions of Use (“Terms”) govern our relationship with users and others who interact with www.pepraise.com (“PRC”). By using or accessing PRC, you agree to these Terms.  

B. Sharing Your Content and Information 

You own all of the content and information you post on PRC, subject to the following conditions:  

1. For content that may be protected by intellectual property rights, like photos and videos (“IP Content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with PRC (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. 

2. By posting IP Content, you represent and warrant that you either own such IP Content or it is licensed to you.  This means that you agree not to post any IP Content that belongs to someone else without a license. 

3. When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). 

4. When you publish content or information, it means that you are allowing everyone, including people off of PRC, to access and use that information.  

C. Safety 

We need your help in creating a safe social networking site, and to that end, you agree NOT to do any of the following:  

1. Send or otherwise post unauthorized commercial communications (such as spam) on PRC; 

2. Engage in unlawful multi-level marketing, such as a pyramid scheme, on PRC; 

3. Upload viruses or other malicious code; 

4. Bully, intimidate, or harass any user; 

5. Post content that is hateful, threatening, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; 

6. Use PRC to do anything unlawful, misleading, malicious, or discriminatory; 

7. Do anything that could disable, overburden, or impair the proper working of PRC, such as a denial of service attack; or 

8. Facilitate or encourage any violation of these Terms. 

D. Registration and Account Security 

PRC users provide their e-mail address, password, and user name to set up an account.  We need you to make the following commitments in registering and maintaining the security of your account:  

1. You will not provide any false personal information on PRC, or create an account for anyone other than yourself without permission. 

2. You will not use PRC if you are under 18. 

3. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. 

4. If you select a username for your account, we reserve the right to remove or reclaim it at our sole discretion in some instances.  

E. Protecting Other People’s Rights 

Please respect other people’s rights. For example:  

(A) Do NOT post content or take any action on PRC that infringes or violates someone else’s rights or otherwise violates the law.  

1. We can remove any content or information you post on PRC if we believe that it violates this statement. 

2. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. 

3. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate. 

(B) Do NOT use our copyrighted materials or trademark, PRC, or any confusingly similar marks, without our written permission. 

(C) Before you collect information from users, you agree to do the following: Obtain their consent, make it clear you (and not PRC) are the one collecting their information and post a privacy policy explaining what information you collect and how you will use it. 

(D) Do NOT post anyone’s identification documents or sensitive financial information on PRC.  

F. Mobile 

1. We currently provide our mobile services for free; however, your carrier’s normal rates and fees, such as text messaging fees, will still apply. 

2. Please update your account information on PRC within 48 hours of your changing or deactivating your phone number to ensure that your messages are not sent to the person who acquires your old number. 

3. You grant all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on PRC, as well as your user name and profile picture. 

G. Amendments 

We can make changes to these Terms for legal or administrative reasons, or to correct an inaccurate statement, by posting the changed Terms on PRC. 

H. Termination 

If you violate the letter or spirit of these Terms or otherwise create risk or possible legal exposure for us, we can stop providing all or part of PRC to you. We will notify you by email or the next time, you attempt to access your account. You may also delete your account or disable your application at any time. 

I. Disputes 

1. You will resolve any claim, cause of action, or dispute (claim) you have with us arising out of or relating to these Terms or PRC exclusively in a state or federal court located in Los Angeles County. The laws of the State of California will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims. 

2. If anyone brings a claim against us related to your actions, content, or information on PRC, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. 

J. Disclaimers 

1. We try to keep PRC bug-free and safe, but you use it at your own risk.  

2. We are providing PRC “as is” without any express or implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  

3. We do not guarantee that PRC will be safe or secure.  

4. PRC is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.  

5. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 

6. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with these Terms or PRC, even if we have been advised of the possibility of such damages.  

7. Our aggregate liability arising out of these Terms or PRC will not exceed the greater of one hundred dollars ($100). Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, PRC’s liability will be limited to the fullest extent permitted by applicable law. 

K. Definitions 

1. By PRC we mean the features and services we make available, including through (a) our website at www.pepraise.com and any other PRC branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) social plugins such as the like button, the Share button, and other similar offerings and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed. 

2. By information we mean facts and other information about you, including actions you take. 

3. By content, we mean anything you post on PRC that would not be included in the definition of information. 

4. By data, we mean content and information that third parties can retrieve from PRC. 

5. By post we mean post on PRC or otherwise make available to us. 

6. By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. 

7. By active registered user, we mean a user who has logged into PRC at least once in the previous 30 days. 

8. By application, we mean any application, as well as anything else that receives or has received data from us. 

L. European Union Users

Data protection law in Europe requires a “lawful basis” for collecting and retaining personal information from citizens or residents of the European Economic Areas. Our lawful bases include:

1. Performing the contract we have with you: In certain circumstances, we need your personal data to comply with our contractual obligation to deliver the Services, enable creators to establish and display their projects, and enable backers to find and make pledges to them.
2. Legal compliance: Sometimes the law says we need to collect and use your data. For example, tax laws require us to retain records of pledges and payments made through our Services.
3. Legitimate interests: This is a technical term in data protection law which essentially means we have a good and fair reason to use your data and we do so in ways that do not hurt your interests and rights. We sometimes require your data to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom, or interests.
   
   For example, we use identity, device, and location information to prevent fraud and abuse and to keep the Services secure. We may also send you promotional communications about our Services, subject to your right to control whether we do so.
   
   We analyze how users interact with our Site so we can understand better what elements of the design are working well and which are not working so well. This allows us to improve and develop the quality of the online experience we offer all our users.

M. Miscellaneous Provisions 

1. These Terms constitute the entire agreement between you and Pep Unlimited, LLC.  References to “us,” “we,” and “our” mean Pep Unlimited, LLC. 

2. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. 

3. If we fail to enforce any of these Terms, it will not be considered a waiver. 

4. Any amendment to or waiver of these Terms must be made in writing and signed by us. 

5. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent. 

6. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. 

7. Nothing in these Terms shall prevent us from complying with the law. 

8. These Terms do not confer any third party beneficiary rights. 

9. You will comply with all applicable laws when using or accessing PRC.