Terms

Last updated: 22 April 2019

PLEASE READ THESE TERMS OF USE CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

These Terms of Use (“Terms”) apply to your access to and use of any website, mobile application or other online or mobile product or service (collectively, the “Services”) of Precious InterActive (“Perky Life,” “we” or “us”). If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for your violation of these Terms. Failure to use our Services in accordance with these Terms may result in, among other things, termination or suspension of your rights to use the Services and may subject you to legal action by Perky Life and/or severe civil and/or criminal penalties.

We reserve the right to make changes or modifications to these Terms, or any policy or guideline of our Services, at any time and in our sole discretion. If Perky Life makes changes to these Terms, we will provide notice of such changes, including by revising the date at the top of these Terms. Your continued use of our Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Accordingly, you should frequently review these Terms and applicable policies and guidelines to understand the terms and conditions that apply to your use of the Services.

Please refer to our Privacy Policy for information about how Perky Life collects, uses and discloses information about our members. In addition, by accessing or using our Services, you agree to adhere to the Community Guidelines.

Please Contact Us with any questions regarding these Terms. You can contact us by email at support@perkylife.com

ELIGIBILITY, REGISTRATION AND ACCOUNT

You must be at least 18 years old to access or use the Services. By registering to use our Services, you represent that you are at least 18 years old. In order to access certain areas and features of our Services, you will need to register for an account using either your email address or your login credentials from a third-party social media site. If you register with your email address, you agree to create a unique password that you do not use with any other online product or service. By registering for an account, you further agree to (a) provide accurate, truthful, current and complete information; (b) maintain and promptly update your account information upon any changes; (c) maintain the security of your account by protecting your password and restricting access to your account; (d) promptly notify Perky Life if you discover or otherwise suspect any security breaches related to the Services; and (e) take responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access.

THIRD PARTY TERMS

Perky Life may offer the opportunity to purchase products and services from third parties. You acknowledge that such products and services are offered and sold to you by one or more third parties. For more information, please refer to the applicable third party’s terms of sale and privacy policy that are presented as part of the checkout process.

INTERACTIONS WITH OTHER MEMBERS

3.1 You Have Sole Responsibility When Interacting with Other Members. Our Services provide a platform for members to learn about one another, arrange stays and travel, engage in activities and communicate with one another. Perky Life is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization. You are solely responsible for your interactions with other members of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other members of our Services.

Remember, the Perky Life Services are just a platform that enable you to communicate and interact with other people around the world. We cannot be responsible for the interactions that you have with other Perky Life members, so please use good judgment and keep safety in mind when you use our Services.

3.2 Identity Verification. We cannot and do not confirm each member’s identity. Although we provide tools intended to assist with identity verification, such as our address verification tool (as described in Section 3.3), you are solely responsible for determining the identity and suitability of others with whom you may interact through our Services. Perky Life does not represent or warrant that our tools are sufficient to determine whether it is appropriate for you to interact with another member. Further, we do not endorse any persons who use or register for our Services. We do not investigate or verify any member’s reputation, conduct, morality, criminal background, or any information members may submit to the Services (other than the address-verification tool as described in Section 3.3). We encourage you to take precautions when interacting with other members, particularly when meeting a stranger in person for the first time.

3.3 Our Address-Verification Tool. Our address verification tool is intended merely to confirm that the postal address a member submits to us is an address at which that member is able to access or receive mail. Perky Life’s address verification tool is not intended to confirm that a member actually resides at a particular address. While this is one of many ways to reduce the risk of misconduct by a member, it is not a guarantee of any member’s identity or good faith.

3.4 Member-Hosted Events; Perky Life Ambassadors. Members may organize in-person meetings and host events for other Perky Life members; however, these events are not sponsored or endorsed by Perky Life and members attend such meetings and events at their own risk. In addition, Perky Life members may sign up to become Perky Life Ambassadors (or members of a successor program) and contribute their time to activities that support the Perky Life community, such as meeting new members, organizing events and answering questions. Perky Life Ambassadors (or members of a successor program) are not agents of Perky Life and Perky Life is not responsible or liable for any acts or omissions of these members.

3.5 Release. Because our Services are merely a platform, in the event that you have a dispute with one or more members, to the fullest extent permitted by applicable law you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 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.”

MEMBER CONDUCT AND CONTENT

The Services include interactive areas where you or other members can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics or other items or materials on the Services (collectively, “Member Content”). You are solely responsible for your use of such interactive areas and agree that your use of these areas is at your own risk.

4.1 Member Content Restrictions. You are solely responsible for any Member Content that you submit, post or transmit via our Services. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services, Member Content that we believe, in our sole discretion:

(a) is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, national or international law;

(b) contains nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, suggestive or sexually exploitative of minors;

(c) may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory;

(d) depicts the use of illicit drugs;

(e) contains offensive language or images or is otherwise objectionable;

(f) incites violence or characterizes violence as acceptable, glamorous or desirable;

(g) contains unsolicited promotions, political campaigning, advertising or solicitations, without our prior written consent;

(h) contains private or personal information about another person, unless such person has agreed to the disclosure of this information;

(i) contains viruses, corrupted data or other harmful, disruptive or destructive file viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

(j) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting Member Content, you represent and warrant that you have the lawful right to distribute and reproduce such Member Content; or

(k) would constitute, encourage or provide instructions for a criminal offense or violate the rights of any third party. Perky Life is not responsible for any Member Content that you or other members post, transmit or store through the Services. We have no obligation to post Member Content from you or anyone else and we may, in our sole discretion, edit, remove or delete any Member Content without notice. If you become aware of Member Content that violates these Terms, you may notify of us such content by using the reporting tools provided on our Services. Enforcement of these Terms, however, is solely in our discretion and the absence of enforcement in some instances does not waive of our right to enforce the Terms in other instances. In addition, these Terms do not create a private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

4.2 Member Conduct. By accessing or using the Services, you agree to act responsibly, exercise good judgment and comply with the Community Guidelines. In addition, you agree not to:

(a) use the Services in violation of any applicable law or regulation, including promoting or encouraging any illegal activity;

(b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;

(c) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other members from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;

(d) use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited messages of a commercial, religious, romantic, political or other nature not within the intended purposes of the Services);

(e) stalk, intimidate, threaten or otherwise harass or cause discomfort to any other member of our Services;

(f) collect or store any information about any other member other than as permitted on our Services;

(g) use our Services for any commercial purpose whatsoever, unless with prior written consent from Perky Life;

(h) register for more than one member account;

(i) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;

(j) circumvent or attempt to defeat any security or verification measure relating to use of the Services;

(k) hold yourself out as an agent, representative, employee or affiliate of Perky Life, including but not limited to when you host an event for other Perky Life members or sign up to be a Perky Life Ambassador; or

(l) assist any third party in doing any of the foregoing.

4.3 Member Content License. You own all of the Member Content that you post to our Services. If you post Member Content to our Services, you hereby grant us a perpetual (i.e. lasting forever), worldwide, irrevocable, non-exclusive, royalty-free and fully sublicensable (i.e. we can grant this right to others) license to use, reproduce, display, perform, adapt, modify, create derivative works from, distribute, have distributed and promote such Member Content in any form, in all media now known or hereinafter created (including in emails or other communications to our members) to administer, operate, develop and otherwise provide the Perky Life Services. You represent and warrant that (a) you own and control all of the rights to the Member Content that you post or you otherwise have the right to post such Member Content to the Services; (b) the Member Content is accurate and not misleading; and (c) the use and posting of the Member Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You own the Member Content that you post to our Services. If Member Content contains information about you, our Privacy Policy will apply, and we encourage you to review this policy for information about how we can use and share such information.

SUBMISSIONS

Separate and apart from Member Content, we welcome questions, comments, suggestions and ideas about Perky Life and our Services (“Submissions”). If you provide a Submission, whether by email or otherwise, you agree that it is non-confidential (unless Perky Life states otherwise in writing) and shall become the sole property of Perky Life. Perky Life shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise. You acknowledge that Perky Life is not obligated to provide acknowledgment or compensation to you in exchange for Submissions.

COPYRIGHT AND LIMITED LICENSE

Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Perky Life logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “Perky Life Materials”) are the proprietary property of Perky Life or our licensors or members and are protected by U.S. and international copyright laws.

You are granted a limited, non-exclusive and non-sublicensable license to access and use the Services and Perky Life Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Perky Life Materials; (b) the distribution, public performance or public display of any Perky Life Materials; (c) modifying or otherwise making any derivative uses of the Services and the Perky Life Materials, or any portion thereof, unless modification or derivative use is specifically permitted under applicable law or provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Services, the Perky Life Materials or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the Perky Life Materials other than for their intended purposes. Any use of the Services or the Perky Life Materials other than as specifically authorized herein, without the prior written permission of Perky Life, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

REPEAT INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Perky Life has adopted a policy of terminating, in appropriate circumstances and in Perky Life’s sole discretion, members who are deemed to be repeat infringers. Perky Life may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any members who we believe may infringe any intellectual property rights of others, whether or not there is any repeat infringement.

TRADEMARKS

“Perky Life,” the Perky Life logos and any other Perky Life service name or slogan contained on the Services are trademarks of Perky Life and may not be copied, imitated or used, in whole or in part, without the prior written permission of Perky Life or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Perky Life” or any other name, trademark or product or service name of Perky Life without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Perky Life and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and names or logos mentioned in the Services are the property of their respective owners. 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 us. Any authorized use of these trademarks must be in accordance with guidelines that Perky Life may provide you from time to time.

Our logo and the terms “Perky Life” as well as other terms and visual elements that you might see throughout the Perky Life Services, are protected trademarks. However, we do support members using these trademarks in appropriate ways, such as to make your own T-shirts or to create local Perky Life community social media pages.

HYPERLINKS

You are granted a limited, non-exclusive right to create a text hyperlink to the Services, provided such link does not portray Perky Life or any of our services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Perky Life logo or other proprietary graphic of Perky Life to link to the Services without the express written permission of Perky Life. Further, you may not use, frame or utilize framing techniques to enclose any Perky Life trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without Perky Life’s 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 other proprietary right of Perky Life or any third party.

THIRD-PARTY CONTENT

In using our Services, you may be exposed to content from other members or third parties (“Third-Party Content”), either on our Services or through links to third-party websites. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other members of our Services. We incorporate Google Maps into the Services as a convenience to you. By using this feature of the Services, you agree to be bound by Google’s Terms of Use.

TERMINATION

If you are in breach of these Terms, or any other policies or community standards we have in place from time to time, we may, in our discretion at any time: (a) terminate your access to our Services, (b) deactivate or delete your account and all related information and files in such account and/or (c) bar your access to any of such files or Services. In any of these instances, you are not permitted to register for another Perky Life account without our prior written permission.

In rare circumstances, when we feel it is necessary to protect the safety or the well being of the Perky Life community, we will remove a member’s account from our Services. We don’t take this decision lightly, but it is sometimes required.

DISCONTINUANCE OF SERVICES

We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

PRICE CHANGES

We reserve the right to adjust pricing for our service in any manner and at any time as we may determine in our sole discretion. Price changes related to Perky Life Verification will not affect members that have purchased a lifetime subscription.

Users who want to take advantage of the services provided on Perky Life Websites have the option to register for a free membership (Basic Membership) or for a paid membership in a premium community forum (Premium Membership or Alpha Membership). Perky Life reserves the right to upgrade registrants from the Basic Membership to a temporary Alpha Membership free of charge during the beta period of Perky Life Websites or for general promotional purposes at any time thereafter. The terms of such upgrade shall be determined at the sole discretion of Perky Life, you can write to support@perkylife.com. We offer refunds within 7 days of the purchase date or 30 days of the renewal date for annual subscriptions.

MEMBER’S REPRESENTATIONS AND WARRANTIES

14.1. You hereby represent and warrant that you have the full power and authority to enter into and perform under these Terms. If you are using our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.

14.2. You hereby represent and warrant that you will use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export-control laws.

14.3. If you are (a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, (b) identified as a “Specially Designated National”, or (c) placed on the Commerce Department’s Denied Persons List, you represent and warrant that you will not engage in financial transactions with, or commercial activities on, Perky Life (including making payments in connection with any identity verification tools provided by Perky Life). Without limiting the foregoing, you are solely responsible for determining whether you have complied with travel restrictions to and from certain countries, including travel to and from countries other than the U.S.

14.4. You hereby represent and warrant that you will not use the Services if the laws of your country prohibit you from doing so in accordance with these Terms (for example, if you are not allowed to provide the types of personal information that we require or if you are prohibited from participating in certain Internet activity). By using the Services, you represent and warrant that such use will not violate, or cause us to violate, the laws of your country.

DISCLAIMER OF WARRANTIES

15.1. IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

15.2. WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.

15.3. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED