Terms of Service
Welcome to peekaboo.net.
- ACCEPTANCE OF TERMS
By visiting, using and registering in the website, mobile application and/or any other mobile or online service owned, controlled or offered by PEEK A BOO (hereinafter to as “Website” or “Site”), logging in or out of this website, purchasing products and/or accessing any information or files made available through this website (individually and collectively referred to as “the Service”), you are accepting and agreeing to be bound by these Terms and Conditions. In order to use this website, you must agree to all the Terms and Conditions, including PEEK A BOO’s Privacy Policy (hereinafter referred to as the “Agreement”). If you do not accept all of the Terms and Conditions, please discontinue the use of this website and do not make any purchases through this website.
PEEK A BOO shall be entitled to rely on your representations under these Terms and Conditions. PEEK A BOO will not be subject to any claims from any party claiming that they did not authorize the furnishing, delivery and/or receipt of any information or service, whether or not through this website. Accordingly, you are solely responsible for your use of the Service, and for any consequences under these Terms and Conditions.
- MODIFICATION OF TERMS AND CONDITIONS
PEEK A BOO reserves the right, at its sole discretion, to discontinue or modify the website and any of the Terms and Conditions, including the Privacy Policy, at any time as PEEK A BOO deem necessary, without prior notice. If any substantial changes are made, PEEK A BOO will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting a notice of the change on this website. Any changes to these Terms and Conditions will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on this website, provided that these changes will not apply to any purchases made prior to the effective date of such changes, which will appear on the top of this page. The changes will be effective immediately for new users of this website and any purchases made by such new users.
You may only use the Service in accordance with these Terms and Conditions, as well as any additional terms and conditions that may be presented in connection with any particular feature or function of the Service from time to time. If you do not agree to be bound by the Terms and Conditions as amended, you agree that your sole remedy is to cease using the Service and leave the website. Any use of the website by you after such notice has been posted on the website or sent to you via e-mail, shall be deemed to constitute acceptance by you of such modifications. If you find that any of the modified Terms and Conditions is unacceptable, please discontinue immediately your use of the Website.
III. LICENSE & RIGHTS GRANTED
Subject to these Terms and Conditions, PEEK A BOO grants you a limited, non-exclusive, non-transferable, non-assignable and revocable right to a limited use of this website for the purposes stated in these Terms and Conditions in order to access and observe its content through an Internet browser, if available and provided by PEEK A BOO, and to use the limited functionalities of this website such as registration, logging in and out, and purchasing as may be provided, changed and limited by PEEK A BOO from time to time.
You grant to PEEK A BOO a transferable, assignable right to use the information you supply to this website, including but not limited to the use of the information to provide you with products or services and to execute any appropriate charges as further explained in these Terms and Conditions. PEEK A BOO may assign the Terms and Conditions and its rights that arise thereunder. However, you are not allowed to assign your rights under these Terms and Conditions.
In any case, PEEK A BOO reserves the right at any time to change or discontinue any aspect or feature of this website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, PEEK A BOO may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
- COPYRIGHT & TRADEMARKS
The Service as well as all the content included in this website, including without limitation the text, graphics, logos, icons, screens and configurations, are the property of the PEEK A BOO or its licensors (or is a nominative use of trademark) and is protected by the United States of America and applicable international copyright and trademark laws. All software used in the Service and in this website is the property of PEEK A BOO and/or of its software suppliers. You do not acquire any ownership rights over such software by agreeing, accepting or consenting to these Terms and Conditions. You do not acquire any ownership rights by printing or downloading any information or using this website and/or the Service. Any use of the content or software of the Service or this website other than for the express services provided is strictly prohibited, including without limitation reproducing, modifying, distributing, transmitting, replicating or public exhibition, or creating derivative works.
- REGISTERED MEMBERS
Portions of this website may be available exclusively to registered members (“Members”) of this website. Before being able to use these portions of this website, you will be required to register on this website. You must provide PEEK A BOO with accurate, complete and updated registration information when creating your account and keep your account information current at all times. The right to use this website is personal to the Member and is not transferable to any other person or entity. As a Member, you shall be responsible for protecting the confidentiality of your password.
- ORDER INFORMATION
PEEK A BOO may include in this website the ability for you to make electronic purchases of products and/or services. By entering this website, you acknowledge and agree that any submissions you make for electronic purchases, as well as actual executions of electronic purchases of any products and/or services constitute your intent and agreement to be bound by these Terms and Conditions and any applicable terms in relation to such electronic purchases. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that PEEK A BOO shall not be responsible or liable to you for those third party’s products or services. You allow PEEK A BOO to use personally identifiable information, as well as non-personally identifiable information, to provide any products and/or services requested through electronic purchases and to perform the Service.
By submitting the information required in the registration and billing process through this website, you are agreeing to a charge (the “Charge”) for the amount disclosed in this website. Therefore, you authorize PEEK A BOO to directly charge you through the method of payment provided, and to collect the Charge, including any applicable taxes, handling charges and impose any applicable premium surcharges and extra charges that may apply for the use of any of the features of the Service. PEEK A BOO will not be responsible for any charges, surcharges, extra charges, or taxes billed to you by your Internet service provider, or by your bank, financial institution or credit card company, or any applicable taxing authority with jurisdiction, or for any of the services promised to you by your Internet service provider. You represent that all information provided by you in the registration, purchasing, and billing process is true and accurate.
By registering in this website, placing an order or requesting a product and/or Service through this website you represent and warrant that you are 21 years of age or older (or of legal age to enter into these Terms and Conditions in whichever jurisdiction you reside) and that all the information you are providing, if any, including, without limitation, your e-mail address is accurate, current and complete, and you authorize the charge of the appropriate fees and Charges. Your order is not final until it has been accepted by PEEK A BOO. You will have the right to any refunds or credits in accordance with the Customer Service section of this website. It is your sole responsibility (and not PEEK A BOO) to pay any applicable taxes that may arise from your order. Orders may include requesting any content, products or services.
VII. TAXES
PEEK A BOO is required by law to collect sales tax in the Commonwealth of Puerto Rico for all online sales made. Any applicable municipal, state or federal sales tax at the time of the purchase will be charged at checkout at the rate in effect at the time of processing the sale.
VIII. PROHIBITED ACTIVITIES
You shall not “hack” this website, circumvent or attempt to circumvent passwords or other technical features meant to protect this website or limit or control access, or otherwise access without authorization any information that is protected by passwords or other technical measures.
You shall not place any content on this website that, in PEEK A BOO sole determination, is fraudulent, false, or misleading; harassing; illegal, abusive or threatening; infringing on the copyrights and trademarks of others; sexually explicit; profane, obscene, or pornographic; defamatory or libelous; is or may be harmful to minors; constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law; is otherwise objectionable; not permitted by this website under its normal operation; disables or otherwise blocks partial or full functionality of this website to others and/or to PEEK A BOO.
You will not use this website or your account within this website for and commercial or political advertisements, business, solicitations or promotions; you will not upload any destructive programs, information, file, or software such as viruses and/or self-replicating code or take any other actions to harm this website, other computers nor any electronic equipment; you will not send unsolicited e-mail messages, including junk mail and chain letters, to any other user of this website or the Service; you will not solicit passwords or other personal information from any other users of this website or the Service; you will not post or transmit any message which discloses private or personal matters concerning any person; you will not post or transmit any message, data, image or program in a fashion that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or website marks used in an infringing fashion; you will not allow any other person other than yourself to use the Service through your Service account; you will not transmit, broadcast, retransmit, rebroadcast, distribute, redistribute, or make any commercial use of this website and/or the Service. You may not copy, reproduce or prepare derivative works from, publicly perform, publicly display or distribute the Service or this website in any manner not expressly authorized by PEEK A BOO; you will not reverse engineer, decrypt, decompile, or otherwise alter or interfere with this website or the Service or attempt to do so or assist or encourage others in doing so; you will not submit through this website or through the Service false or incorrect information to PEEK A BOO.
If you breach or infringe, or PEEK A BOO reasonably suspects that you may have breached or infringed any of the clauses in this section, or any other clauses, representations, and covenants of these Terms and Conditions, PEEK A BOO may, in its sole discretion, suspend, cancel, and/or terminate your account and/or access to this website and/or the Service or any part thereof with or without previous notice to you. PEEK A BOO may, in its sole discretion, terminate these Terms and Conditions or suspend, cancel or terminate any right or license granted in these Terms and Conditions, your Service account and/or the Service or any part thereof for any or no reason with or without notice to you. If PEEK A BOO suspends, cancels, or terminates the Service or your account under this paragraph, PEEK A BOO shall have no liability or responsibility to you, including without limitation that PEEK A BOO will not be responsible for any payments made by you for any Service or products not delivered. This paragraph will not be interpreted as creating any responsibility on PEEK A BOO. Your infringement of any of the Terms and Conditions, including without limitation the clauses in this section VIII, does not provide you the right to any refunds from PEEK A BOO.
You understand and agree that any unauthorized use of this website or the Service will result in irreparable injury to PEEK A BOO, its affiliates and/or their business partners, and/or licensors for which monetary compensation would be inadequate, and in such event and/or in a breach of these Terms and Conditions, PEEK A BOO, its affiliates and/or their business partners, licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in these Terms and Conditions shall be construed as to limit remedies or relief available pursuant to statutory or other claims that PEEK A BOO, its affiliates, and/or their business partners, and/or licensors may have under other clauses of these Terms and Conditions or under separate legal authority, including but not limited to, any claim for intellectual property infringement.
- EXTERNAL WEBSITES
As a convenience, this website, the Service, electronic communications delivering content and electronic versions of products or services may contain links to other Internet websites that are owned and/or operated by third parties. By offering you these links, PEEK A BOO is not endorsing any other websites and PEEK A BOO has no responsibility or liability, directly or indirectly, for such third parties’ websites, including without limitation for their content. You access third party linked websites at your own risk. PEEK A BOO, its affiliates and/or their business partners may present promotional materials and advertisements through this website and the Service. Such promotional materials and events belonging to the aforementioned third parties including, without limitation, payment and delivery of goods or services, your interaction with such third parties and their corresponding terms, conditions, and covenants are solely between you and such third party. PEEK A BOO and/or its affiliates and their business partners shall not be responsible for any transactions or any claims you may have with such third parties.
- LEGAL RESTRICTIONS
The United States of America laws and regulations restrict the exportation and/or re-exportation through downloading or otherwise into certain embargoed countries. By downloading from this website, you are representing that you are not located in any of the prohibited countries.
- LEGAL DISCLAIMERS
PEEK A BOO reserves the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice, regardless if it is identified before or after you have submitted your order. In the event a PEEK A BOO product is listed at an incorrect price due to a typographical error, systems hacking or systems error, PEEK A BOO shall have the right to refuse or cancel any orders placed for any product listed at the incorrect price. PEEK A BOO shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
This website and the service, including, without limitation, any and all parts thereof, are provided on an “as is” basis and the use of this website and/or the service, including without limitation any and all parts thereof, is entirely at your own risk. PEEK A BOO and its officers, directors, owners, representatives, independent contractors, employees, agents, affiliates and business partners make no representations or warranties of any kind, express or implied, as to the operation of this website and the service, including without limitation, any and all parts thereof, the information, content, materials, products or services included in this website and the service, including without limitation any and all parts thereof, warranties of merchantability and fitness for a particular purpose and the statutory warranty against non-infringement. there is no warranty that the service or this website will meet your requirements or that your access to the same will be uninterrupted or error-free. PEEK A BOO do not warrant, guarantee, or make any representations regarding the use or the results of the use of the service or this website with respect to performance, accuracy, reliability, security capability, correctness or otherwise. you will not hold Peek a boo and/or Peel a Boo Boutique entities, as applicable, responsible for any damages that result from you accessing the service or using the service, and/or this website including, but not limited to, any infections or contaminations of the devices you use to access the same or to transfer information or data that may result from that use. no oral advice or written information given by Peek a Boo and its officers, directors, owners, representatives, independent contractors, employees, agents, or affiliates or business partners, will create a warranty and you may not rely on any such information or advice. Peek a Boo is not responsible to you for any content provided through the service or for any download or content you find objectionable. under no circumstance shall Peek a Boo or its officers, directors, owners, representatives, independent contractors, business partners, employees, agents, and affiliates as applicable, will be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the service and/or this website, even if Peek a Boo and/or its officers, directors, owners, representatives, business partners, independent contractors, employees, agents and affiliates, as applicable, have been advised of the possibility of such damages. because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. to the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Peek a Boo and/or Peek a Boo Boutique related entities as applicable, shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed Five Hundred Dollars ($500.00).
You hereby release and forever discharge Peek a Boo and its officers, directors, owners, representatives, independent contractors, agents, employees, subsidiaries and affiliates, and their respective successors and assigns, from any and all manner of liability, claims, counterclaims, demands, setoffs, damages or causes of action, which you now have or which may hereafter accrue, whether heretofore asserted or unasserted, known or unknown, arising out of, or in any way relating to the use of this website or any service by you, specifically including but not limited to any claims based in whole or in part upon the alleged negligence of Peek a Boo in operating this website, the service or otherwise.
Neither Peek a Boo nor any of its representatives, affiliates, licensors or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of the services or transactions through this website or the inability to gain access to this website. you agree that, in no event shall Peek a Boo or its officers, directors, owners, independent contractors, employees, agents, licensors or affiliates be liable, and you release all such persons from any liability, directly or indirectly, to you for any loss, damage, liability or expense arising out of or related to the use of this website or the use of the service through this website regardless of whether such loss, damage, liability or expense results directly or indirectly from Peek a Boo negligence. In any event, Peek a Boo liability to you is limited to Five Hundred Dollars ($500.00).
PEEK A BOO may in its sole discretion terminate these Terms and Conditions or change, modify, discontinue, inactivate, suspend, cancel or terminate your account and/or this website and/or the Service or any part thereof for any or no reason with or without previous notice to you. PEEK A BOO shall not be liable to you or to any third party for any modification and/or discontinuation of this website and/or the Service or any part thereof.
XII. INDEMNIFICATION
You agree to indemnify PEEK A BOO and its officers, directors, owners, representatives, independent contractors, employees, agents, and affiliates (collectively, the “Indemnitees”) for, from and against any loss, claims, actions, demands, causes of action, and other proceedings (collectively the “Claims”) by reason of, in any way relating to, or arising out of: (a) your use of this website and/or the Service or any part thereof and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of this website and/or the Service; (c) any content or information uploaded by you or through your account to this website, the Service, the computer systems running this website and/or the Service or otherwise; and (d) any violation of these Terms and Conditions. You agree to reimburse any and all Indemnitees on demand for any losses, costs, judgments, fees, fines, and other expenses they incur including, without limitation, attorney’s fees and court and filing fees and costs, as result of any claims.
XIII. FORCE MAJEURE
PEEK A BOO will not be liable in any amount for failure to perform under these Terms and Conditions if such failure is caused by power, Internet or communication outages, fire, flood, earthquakes, tornadoes, hurricanes, lockouts, strikes, tropical storms, wars, acts of God, force majeure, or the occurrence of any other unforeseen contingency or event beyond the control of PEEK A BOO. If you fail to receive a product, service or the Service because of network congestion or unavailability, you may contact PEEK A BOO via e-mail.
XIV. TERMINATION
You understand and agree that the cancellation of your account is your sole remedy with respect to any dispute with PEEK A BOO and you agree that such right is proper and represents the allocation of risk and conforms to the pricing, fees and considerations under these Terms and Conditions.
- ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and PEEK A BOO and supersede all prior agreements and understandings, whether written or oral or otherwise, with respect to the subject matter of these Terms and Conditions. If any term, provision, covenant or restriction of the Terms and Conditions is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of the Terms and Conditions shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. PEEK A BOO failure to pursue any available claim or defense pursuant to the Terms and Conditions will not be a waiver of such claim or defense. The headings used on each section of these Terms and Conditions are for convenience only and will have no effect on the interpretation or legal enforceability of the Terms and Conditions herein.
XVI. APPLICABLE LAW AND CHOICE OF FORUM
This Agreement shall be governed by, and enforced in accordance with, the laws of the Commonwealth of Puerto Rico. Any dispute under this Agreement that the parties cannot resolve in good faith within twenty (20) days, shall be submitted to the exclusive jurisdiction of the Puerto Rico state courts, specifically, the Court of First Instance, San Juan Part (“Tribunal de Primera Instancia, Sala Superior de San Juan”). The aforementioned state Court shall have the exclusive jurisdiction, regardless of the parties domiciles, over any action or proceeding arising out of or relating to this Agreement that cannot be otherwise resolved extrajudicially in good faith.
XVII. COMPLIANCE POLICY
Portions of this website may allow users to post user-supplied content, which may include copyrighted works. To ensure compliance with the Digital Millennium Copyright Act (“DMCA”), PEEK A BOO shall take action upon receipt of notice from a copyright owner or their authorized agents if they have a good-faith belief that their copyrighted works are being infringed. Such notice from a copyright owner or authorized representative should be sent to:
#1 Avenida Esmeralda,
Guaynabo PR. 00969
Email: peekaboopr.net
Phone: 787-790-3598
PEEK A BOO will respond to such notifications through e-mail or regular mail. To be effective, your notification must be in writing and include: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website; (b) identification of the material or link claimed to be infringing and to which access is to be disabled, including, at a minimum, information reasonable sufficient to permit PEEK A BOO to locate the material on this website (such as the URL(s) of the claimed infringing material) and locate the user that posted the material; (c) information reasonably sufficient to permit PEEK A BOO to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (d) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) 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 owner of an exclusive right that is allegedly infringed; and (f) your physical or electronic signature.