Welcome to Perky Life!
These Terms govern your use of Perky Life and the products, features, apps, services, technologies, and software we offer (the Perky Life Products or Products), except where we expressly state that separate terms (and not these) apply.
1. Our Services
Our mission is to give people the power to build community and bring the world closer together. To help advance this mission, we provide the Products and services described below to you:
Provide a personalized experience for you:
Your experience on Perky Life is unlike anyone else's: from the posts, stories, events, ads, and other content you see in News Feed or our video platform to the Networks you follow and other features you might use, such as Trending, Marketplace, and search. We use the data we have - for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products - to personalize your experience.
Connect you with people and organizations you care about:
We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the Perky Life Products you use. We use the data we have to make suggestions for you and others - for example, groups to join, events to attend, Networks to follow or send a message to, shows to watch, and people you may want to become friends with. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and organizations they care about.
Empower you to express yourself and communicate about what matters to you:
There are many ways to express yourself on Perky Life and to communicate with friends, family, and others about what matters to you - for example, sharing status updates, photos, videos, and stories across the Perky Life Products you use, sending messages to a friend or several people, creating events or groups, or adding content to your profile. We also have developed, and continue to explore, new ways for people to use technology, such as augmented reality and 360 video to create and share more expressive and engaging content on Perky Life.
Help you discover content, products, and services that may interest you:
We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use Perky Life and other Perky Life Products. Our partners pay us to show their content to you, and we design our services so that the sponsored content you see is as relevant and useful to you as everything else you see on our Products.
Combat harmful conduct and protect and support our community:
People will only build community on Perky Life if they feel safe. We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement. We share data with other Perky Life Companies when we detect misuse or harmful conduct by someone using one of our Products.
Use and develop advanced technologies to provide safe and functional services for everyone:
We use and develop advanced technologies - such as artificial intelligence, machine learning systems, and augmented reality - so that people can use our Products safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on Perky Life or Instagram. We also build sophisticated network and communication technology to help more people connect to the internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.
Research ways to make our services better:
We engage in research and collaborate with others to improve our Products. One way we do this is by analyzing the data we have and understanding how people use our Products. You can learn more about some of our research efforts.
Provide consistent and seamless experiences across the Perky Life Network Products:
Our Products help you find and connect with people, groups, businesses, organizations, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Perky Life Network Products that you use. For example, we use data about the people you engage with on Perky Life to make it easier for you to connect with them on Instagram or Messenger, and we enable you to communicate with a business you follow on Perky Life through Messenger.
Enable global access to our services:
To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Precious InterActive., PRIAC, or its affiliates.
2. Our Data Policy and Your Privacy Choices
To provide these services, we must collect and use your personal data. We detail our practices in the Data Policy, which you must agree to in order to use our Products.
We also encourage you to review the privacy choices you have in your settings.
3. Your Commitments to Perky Life and Our Community
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
1. Who can use Perky Life
When people stand behind their opinions and actions, our community is safer and more accountable. For that reason, you must:
· Use the same name that you use in everyday life.
· Provide accurate information about yourself.
· Create only one account (your own) and use your timeline for personal purposes.
· Not share your password, give access to your Perky Life account to others, or transfer your account to anyone else (without our permission).
We try to make Perky Life broadly available to everyone, but you cannot use Perky Life if:
· You are under 13 years old (or the minimum legal age in your country to use our Products).
· You are a convicted sex offender.
· We previously disabled your account for violations of our terms or policies.
· You are prohibited from receiving our products, services, or software under applicable laws.
2. What you can share and do on Perky Life
We want people to use Perky Life to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
· That is unlawful, misleading, discriminatory or fraudulent.
· That infringes or violates someone else's rights.
We can remove content you share in violation of these provisions and, if applicable, we may take action against your account, for the reasons described below. We may also disable your account if you repeatedly infringe other people's intellectual property rights.
3. The permissions you give us
We need certain permissions from you to provide our services:
Specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Perky Life, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other Perky Life Products you use.
You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.
4. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Perky Life), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
4. Additional provisions
1. Updating our Terms
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the Perky Life community, you can delete your account at any time.
2. Account suspension or termination
We want Perky Life to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine that you have violated our terms or policies, we may take action against your account to protect our community and services, including by suspending access to your account or disabling it. We may also suspend or disable your account if you create risk or legal exposure for us or when we are permitted or required to do so by law. Where appropriate, we will notify you about your account the next time you try to access it. You can learn more about what you can do if your account has been disabled.
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5
3. Limits on liability
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Perky Life Products, even if we have been advised of the possibility of such damages.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.
If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Perky Life Products ("claim"), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions.
5. Other terms and policies that may apply to you
· Community Standards: These guidelines outline our standards regarding the content you post to Perky Life and your activity on Perky Life and other Perky Life Products.
· Commercial Terms: These terms apply if you also access or use our Products for any commercial or business purpose, including advertising, operating an app on our Platform, using our measurement services, managing a group or a Network for a business, or selling goods or services.
· Advertising Policies: These policies specify what types of ad content are allowed by partners who advertise across the Perky Life Products.
· Self-Serve Ad Terms: These terms apply when you use self-serve advertising interfaces to create, submit, or deliver advertising or other commercial or sponsored activity or content.
· Networks, Groups and Events Policy: These guidelines apply if you create or administer a Perky Life Network, group, or event, or if you use Perky Life to communicate or administer a promotion.
· Perky Life Platform Policy: These guidelines outline the policies that apply to your use of our Platform (for example, for developers or operators of a Platform application or website or if you use social plugins).
· Developer Payment Terms: These terms apply to developers of applications that use Perky Life Payments.
· Community Payment Terms: These terms apply to payments made on or through Perky Life.
· Commerce Policies: These guidelines outline the policies that apply when you offer products and services for sale on Perky Life.
· Perky Life Brand Resources: These guidelines outline the policies that apply to use of Perky Life trademarks, logos, and screenshots.
· Music Guidelines: These guidelines outline the policies that apply if you post or share content containing music on Perky Life.
Date of Last Revision: May 1st, 2018