Terms of Service
Peas and Love Corporation aka Sweet Pea (“we”, “us”, “our”, or “Sweet Pea”), operates the Sweet Pea mobile application (referred to as “Sweet Pea”), website www.sweetpea.co, and related services (collectively, the “Services”). The following terms and conditions (the “Agreement”) form a binding agreement between you and us.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING THE WEBSITE OR MOBILE APPLICATION AND/OR USING THE SERVICES YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE, MOBILE APPLICATION OR SERVICES.
Who May Use Sweet Pea
- You must be at least 18 years old to use Sweet Pea. Use is void where prohibited. By using Sweet Pea, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use Sweet Pea, you represent and warrant that you are not required to register as a sex offender with any government entity.
Ownership of the Services
- You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, and restrictions contained in or attached to any of Our Technology. You shall have the limited, non-exclusive, revocable, right to access and use the Services for your own personal, non-commercial use. However, nothing in this Agreement grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to this Agreement. Furthermore, nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Sweet Pea or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Service.
- What information Sweet Pea may collect about you;
- How Sweet Pea may use that information; and
- With whom Sweet Pea will share the information we collect about you and why the information is being shared.
Term and Termination
- This Agreement begins on the date you first use Sweet Pea and continues until terminated in accordance with this Agreement.
- Sweet Pea may in its sole discretion, consistent with applicable law, without notice, to suspend, disable, or delete your account (or any part thereof). for any or no reason. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. Grounds for such account termination may include, but are not limited to, the following:
- Sweet Pea determines that you may have violated any provision of this Agreement;
- Your conduct or content would tend to damage Sweet Pea’s reputation or goodwill;
- You are found to have submitted materially false information to Sweet Pea when registering to use the service.
- You are found by Sweet Pea to be bothering or harassing other Sweet Pea users in ways that negatively impact the Sweet Pea community; or
- You have taken any other actions that Sweet Pea determines might negatively impact the Sweet Pea community.
- If Sweet Pea deletes your account, you may not re-register under a different name.
- Upon termination, all licenses granted by Sweet Pea will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Sweet Pea is not responsible for the loss of such content.
- In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Sweet Pea or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the website, mobile application, or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
Disclaimers: Limitation of Liability
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT SWEET PEA CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. SWEET PEA ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. SWEET PEA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. SWEET PEA RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING LAWFUL MEANS.
- YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, AND ANY CONTENT FOUND THEREIN, ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WE MAKE NO WARRANTY THAT THE CONTENT OR SERVICES, INCLUDING THE WEBSITE OR MOBILE APPLICATION, WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY THAT RESULTS FROM THE USE OF SUCH MATERIAL AND/OR INFORMATION. NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES, OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
- Without limiting the foregoing, Sweet Pea makes no representations or warranties:
- That the Services will be permitted in your jurisdiction;
- That the Services will be uninterrupted or error-free;
- Concerning any content submitted by any user;
- Concerning any third party’s use of content that you submit;
- That any content you submit will be made available on Sweet Pea or will be stored by Sweet Pea;
- That Sweet Pea will continue to support any particular feature of Sweet Pea; or
- Concerning sites and resources outside of Sweet Pea, even if linked to from Sweet Pea.
- YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER OF THE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
- WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
Modification of the Services
- Sweet Pea reserves the right to modify the terms and conditions pertaining to the Services at any point in time. If such modification occurs, Sweet Pea will post the updated Agreement at www.sweetpea.co/terms and within the mobile application itself.
Code of Conduct: Prohibited Activities
- In using the Services, you must behave in a civil and respectful manner at all times. You agree you will not:
- Harass or stalk any other person;
- Harm or exploit minors should they find themselves on the app;
- Act in a deceptive manner by, among other things, impersonating any person;
- Collect information about others for exploitative or commercial purposes;
- You will not express or imply that any statements you make are endorsed by Sweet Pea without our specific prior written consent;
- You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
- You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site; or
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Sweet Pea has the right, but not the obligation, to monitor all conduct on and content submitted to Sweet Pea.
- You are solely responsible for the content that you publish or display (hereinafter, “post”) on Sweet Pea, and the information you transmit to other Sweet Pea users. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or ill material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Sweet Pea or to any other user. If information provided to Sweet Pea or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):
- Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Harasses or advocates harassment of another person.
- Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- Contains sexually explicit content;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.)
- Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.
Licenses Granted by You
- You grant Sweet Pea and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of the Services permission to view your content for their personal, non-commercial purposes.
Your Representations and Warranties
- For each piece of content that you submit, you represent and warrant that:
- You have the right to submit the content to Sweet Pea and grant the licenses set forth above;
- Sweet Pea will not need to obtain licenses from any third party or pay royalties to any third party;
- The content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and
- The content complies with this Agreement and all applicable laws.
- You will indemnify, defend, and hold harmless Sweet Pea and its affiliates, directors, officers, employees, and agents, from and against all third party actions that:
- Arise from your activities on Sweet Pea.
- Assert a violation by you of any term of this Agreement.
- Assert that any content you submitted to Sweet Pea violates any law or infringes any third party right, including any intellectual property or privacy right.
Third Party Content and Other Websites.
- CONTENT FROM ADVERTISERS AND OTHER THIRD PARTIES MAY BE MADE AVAILABLE TO YOU THROUGH THE SERVICES. BECAUSE WE DO NOT CONTROL SUCH CONTENT, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY SUCH CONTENT. WE DO NOT MAKE ANY GUARANTEES ABOUT THE ACCURACY, CURRENCY, SUITABILITY, OR QUALITY OF THE INFORMATION IN SUCH CONTENT, AND WE ASSUME NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT MADE AVAILABLE BY OTHER USERS, ADVERTISERS, AND OTHER THIRD PARTIES OR VIOLATION OF ANY THIRD PARTY RIGHTS RELATED TO SUCH CONTENT. THE SERVICES MAY CONTAIN LINKS TO WEBSITES NOT OPERATED BY US. WE ARE NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, MATERIALS, OR PRACTICES (INCLUDING PRIVACY PRACTICES) OF SUCH WEBSITES. YOU UNDERSTAND THAT BY USING THE SERVICES YOU MAY BE EXPOSED TO THIRD-PARTY WEBSITES THAT YOU FIND OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. WE MAKE NO WARRANTY, REPRESENTATION, ENDORSEMENT, OR GUARANTEE REGARDING, AND ACCEPT NO RESPONSIBILITY FOR, THE QUALITY, CONTENT, NATURE OR RELIABILITY OF THIRD PARTY WEBSITES, PRODUCTS OR SERVICES ACCESSIBLE BY HYPERLINK OR OTHERWISE FROM THE SERVICES. WE PROVIDE THESE LINKS FOR YOUR CONVENIENCE ONLY AND WE DO NOT CONTROL SUCH WEBSITES. OUR INCLUSION OF LINKS TO SUCH WEBSITES DOES NOT IMPLY ANY ENDORSEMENT OF THE MATERIALS ON SUCH THIRD PARTY WEBSITES OR ANY ASSOCIATION WITH THEIR OPERATORS. THE SITE AND SERVICES MAY CONTAIN LINKS TO WEBSITES THAT ARE OPERATED BY US BUT WHICH OPERATE UNDER DIFFERENT TERMS OF SERVICE. IT IS YOUR RESPONSIBILITY TO REVIEW THE PRIVACY POLICIES AND TERMS OF SERVICE OF ANY OTHER WEBSITE YOU VISIT. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.
Third Party Copyrights and Other Rights Copyright Policy
- Sweet Pea respects the intellectual property of others, and we expect our users to do the same. Each user is responsible for ensuring that materials uploaded to Sweet Pea do not infringe any third party copyright.
- Sweet Pea will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Sweet Pea may, in its sole discretion, terminate the accounts of copyright infringers.
DMCA Takedown Notice
- If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address (if any)
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on Sweet Pea, sufficient for Sweet Pea to locate the material;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- You may submit this information via email to firstname.lastname@example.org.
- You may send non-copyright complaints via email: email@example.com
- GOVERNING LAW: This Agreement shall be governed by the laws of the State of Maryland, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
- DISPUTES: Any action arising out of or relating to this Agreement or your use of Sweet Pea must be commenced in the state or federal courts located in Maryland, United States of America (and you consent to the jurisdiction of those courts).
- INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Sweet Pea in exercising any right hereunder will waive any further exercise of that right. Sweet Pea’s rights and remedies hereunder are cumulative and not exclusive.
- SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Sweet Pea’s prior written consent. No third party shall have any rights hereunder.
- NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Sweet Pea electronically. Sweet Pea may provide all such communications by email or by posting them on firstname.lastname@example.org. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us electronically at email@example.com
- This Agreement may be modified at any time and for any reason. A revised Agreement will be posted by Sweet Pea on the sweetpea.co/terms and within the Terms of Service section of the Sweet Pea app. A revised Agreement will be effective as of the date it is posted. This Agreement constitutes the entire understanding between Sweet Pea and you, the user, and supersedes any prior agreements and understandings.