“PEEPING WINDOW” TERMS OF SERVICE ("TOS")
Peeping Window is intended for Adult audiences only and should only be viewed by persons of age 18 or older.
The images on Peeping Window are intended for individual use only. Any use or reproduction, digital or conventional, without the express written consent of White Gypsy Enterprises LLP is strictly prohibited. Violators will be pursued and prosecuted to the fullest extent of the law. All models are 18 and older.
Terms and Conditions
The following definitions apply to the TOS.
The terms “User
” means any person or entity that (a ) downloads, attempts to download or otherwise utilizes any uniform resource locator (“the URL
”) that resides entirely upon a server owned or operated by PeepingWindow or White Gypsy (the owner of PeepingWindow); (b) Transmits electronic mail, files or other data transmission, information or other matter onto any network owned or operated by White Gypsy or onto the Site (whether via private transmission or public upload posting); (c) is linked to a URL resource owned or operated by White Gypsy; and (d) contacts, accesses or views White Gypsy or the Site, whether through the use of any telecommunications network or otherwise. The term User includes a Subscriber.
The term “Subscriber
” means a User who pays a fee (determined from time to time by White Gypsy Enterprises LLP in it’s sole discretion) and is granted access to certain areas of the Site only after successfully completing login protocols established from time to time by White Gypsy Enterprises LLP, including without limitation, through the use of an approved User name and password.
The term “Content
” means all data, text, software, music, sound, photographs, graphics, video, messages or other information or materials of any kind.
The term “Services
” means all resources (including Content) provided via or available on the Site at any time, including without limitation, and by way of example only, a User’s ability to (i) access or view content, and to login into the Site as a Subscriber and create or change such Subscriber’s Registration Data (defined below); (ii) communicate with the Site and other Users via the Site (including without limitation the ability to download or upload Content or other information or material, post messages and participate in groups or forums); and (iii) shop or utilize other available services, including authorizing charges to such User’s credit or debit card, checking account or telephone invoice in order to make purchases or pay subscription fees related to the Site.
The term “Site
” means the website www.peepingwindow.com
The term “White Gypsy
” is an assumed business name of White Gypsy Enterprises LLP, a United Kingdom company. Without limiting the foregoing, for the purposes of the TOS, White Gypsy means White Gypsy Enterprises LLP, a United Kingdom company.
The term “Transmit
” or “Transmission
” means when a User uploads, posts, e-mails, transmits or otherwise makes available (directly or indirectly, by act or omission) or communicates any Content or other information or material to the Site, or through such means utilizes a Service available on or through the Site.
ACCEPTANCE OF TERMS
The Services and Content are provided to each User subject to the TOS, which may be revised, changed, altered or updated from time to time without notice by White Gypsy, in White Gypsy’s sole discretion. The most current version of the TOS will always be located and displayed on the Site. The TOS also includes any other guidelines, rules or notices posted elsewhere on the Site, including, without limitation and by way of example only, information including in the part of the Site called “Help”. When a User accesses or uses any part of the Site, such User agrees to the terms and conditions of the TOS.
AGE AND LEGAL ACCESS INFORMATION
By accessing or using the Site, the User certifies that User is eighteen (18) years of age or older (21 years of age in certain locales) (and in any event, User is at least the age of consent or (or older) in the jurisdiction from which the Site is being viewed or accessed); that User is familiar with the laws in User’s area affecting the User’s legal right to access the Site or to access erotica or adult-oriented materials; that User has the legal right to such materials and that White Gypsy has the legal right to display or make such materials available to the User; that the User is requesting such materials for the User’s own private enjoyment; and, that the User will not, by action or inaction, directly or indirectly, share such materials with or make such materials available to a minor in any manner whatsoever.
REGISTRATION OBLIGATIONS AND SECURITY
In consideration of User’s access to or use of the Site (whether as a Subscriber, guest or otherwise), the User agrees to: (a) provide true, accurate, current and complete information about the User as prompted by the White Gypsy’s registration and profile date forms, or any other questionnaire or information input format, which requests information from or about the User, and (b) maintain and promptly update such information to keep it true accurate, current and complete (collectively, such information is sometimes referred to as the “Registration Data”). Without limiting any other matter contained herein, a User’s access to or use of the Site may be suspended or terminated (without cost to White Gypsy and without obligation for reimbursement of any fees previously paid by a Subscriber to White Gypsy) for such User’s failure to provide or maintain true, accurate, current and complete Registration Data as provided in the TOS.
Each Subscriber is responsible for maintaining the confidentiality of any Subscriber login user name and password (or any identifying information). Each Subscriber is solely responsible for all activities that occur under the Subscriber’s login user name or password, and neither the login user name nor password may be assigned or transferred to any other person of entity, voluntarily or involuntarily, by operation of law or otherwise, without the express prior written consent of White Gypsy, which consent may be withheld in White Gypsy’s sole discretion. Each Subscriber agrees immediately to notify White Gypsy of any unauthorized use of such Subscriber’s name or password, and each User agrees immediately to notify White Gypsy of any unauthorized use any other breach of security with respect to the Site known by such User.
User acknowledges and understands that all Content a User Transmits to the Site, whether publicly posted on the Site or privately Transmitted onto or via the Site, is not reviewed or pre-screened by White Gypsy and is the sole responsibility of such User from whom such Content originates or is uploaded. This means that the User, and not White Gypsy, is responsible for all Content that the User Transmits onto or via the Site, whether or not displayed ultimately on the Site. Therefore, White Gypsy does not guarantee the accuracy, integrity or quality of Content Transmitted to the Site by a User, nor does White Gypsy make any representation or other warranty with respect to such Content. Without limitation, and by way of example only, Users may email to the Site calendar events. White Gypsy does not regularly, and may not ever, review the accuracy or consistency of such calendar events.
User understands and acknowledges that by view, using or accessing the Site, the User may be exposed to Content that may be considered or deemed offensive, indecent or objectionable.
User agrees to NOT use the Site to:
Transmit any Content that is unlawful, harmful, threatening, abusive, pornographic, harassing , tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
Harm minors or any persons in any way;
Impersonate any person or entity, falsely state or otherwise misrepresent User’s affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
Transmit any Content that the User does not have a right to Transmit, whether or not under any law, rule or regulation, or under contractual or fiduciary relationships;
Transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” ”spam,” ”chain letters,” “pyramid schemes,” or any other form of solicitation;
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;
Interfere with or disrupt the Site or White Gypsy or servers or networks connected to the Site or White Gypsy, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or White Gypsy, or disobey the requirements, procedures, policies or regulations of networks connected to the Site or White Gypsy, or violate any terms contained in the TOS;
“stalk” or otherwise harass another; or
Collect or store personal data about Users other than User.
Download Content except as otherwise permitted under the TOS.
Under no circumstances will White Gypsy be liable or responsible in any manner for any Content (including without limitation, Registration Data) if required to do so by law or if White Gypsy believes that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Site or White Gypsy, its Users or the public.
User understands that the technical processing and Transmission of the Services or Content, may involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
User agrees not to (and User agrees User has no right to) reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of the Site (including, without limitation, the Services or Content contained on the Site).
User agrees to comply with all the local rules regarding online conduct and acceptable Content. Specifically, User agrees to comply with applicable laws regarding the transmission of technical data exported from the United Kingdom or in the country in which the User resides.
CONTENT SUBMISSIONS AND USE GUIDELINES
Except as otherwise provided by separate agreement between a User and White Gypsy, White Gypsy does not claim ownership of Content Transmitted by a User to the Site and displayed on the Site. In its sole discretion, White Gypsy may condition Site display of other User Transmitted Content upon such User becoming a Subscriber.
Notwithstanding the foregoing, a User who successfully Transmits Content to the Site grants to White Gypsy a perpetual, world-wide, royalty free, non-exclusive, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any or all Content so Transmitted and to incorporate such Content into other works.
User represents and warrants that with respect to any Content User Transmits, or causes to be Transmitted, to the Site, White Gypsy has NOT hired, contracted for, managed or otherwise arranged for the participation of any performers depicted in such Content.
User acknowledges that White Gypsy may establish general practices and limits concerning use of the Site. Such practices and limits may include, without limitation, the maximum number of days that message board postings or other Transmitted Content will be retained by White Gypsy on the Site, the maximum number of messages that may be Transmitted on the Site, the maximum size of any message that may be Transmitted on the Site, the maximum disk space that will be allotted on the Site’s servers on a User’s behalf and the maximum number of times (and the maximum duration for which) a User may access the Site in a given period of time. User agrees that White Gypsy has no responsibility or liability for the deletion or failure to store any messages and other communication or other Content maintained on, Transmitted to or downloaded from the Site. Without limiting any other matter contained herein, User further acknowledges that White Gypsy reserves the right to change these general practices and limits at any time, in its sole discretion, and with or without notice.
CUSTODIAN OF RECORDS
Without limited any other matter contained herein, User represents and warrants that with respect to any Content a User has produced and Transmits to the Site, which contains depictions of nudity or actual sexually explicit conduct, all persons who appear therein were 18 (eighteen) years of age or older at the time of the creation of such depictions. Further, such User represents and warrants that with respect to the depictions described in the preceding sentence, true, correct and complete records required by USC Section 2257 have been obtained and will be maintained by User in compliance with such law and will be provided to White Gypsy promptly upon request by White Gypsy.
With respect to visual depictions of actual sexually explicit conduct produced and posted on the Site by White Gypsy (other than depictions Transmitted by a User as described in the preceding sentence).records required by 18 USC Section 2257 are kept by the custodian of records, Custodian at White Gypsy Enterprises LLP. The custodian can be reached electronically at email@example.com or via mail at White Gypsy Enterprises LLP, 526 Calle Capistrano, San Marcos, CA 92069.
WhiteGypsy and the PeepingWindow logos are service marks and trademarks of WhiteGypsy Enterprises LLP (dba WhiteGypsy) and may be used publicly only with the express prior written consent and permission of WhiteGypsy. Other trademarks and service marks featured on the Site are displayed pursuant to licenses obtained from the owners or holders of those trademarks and service marks, and may not be used publicly without the express prior written consent and permission of the owners or holders of such trademarks and service marks.
Except for electronic messages, all Content and Services on the Site are protected by federal copyright laws, and are protected under treaty provisions and worldwide copyright laws. Content contained in any part of the Site may not be reproduced, copied, edited, published, transmitted, uploaded or downloaded in any way without the prior written consent and permission of White Gypsy. White Gypsy does not grant any express or implied right to any third party (including without limitation Users), under any trademarks, service marks, copyrights or other proprietary information or rights.
Limited License and Acceptable Use
White Gypsy provides the Content and Services on the Site for the personal, non-commercial use by viewers, fans, visitors, Users, Subscribers or potential Subscribers of PeepingWindow. Users of the Site are granted a single, personal, non-transferable, license to download (on a single computer only) one copy of any of the Content found on the Site made available for downloading for personal, non-commercial use only. White Gypsy reserves the right to limit the amount of Content downloaded. Commercial use or exploitation of the Content on the Site, or any portion thereof, is strictly prohibited. In addition, Users of the Site may not: (1) modify any of the Content found in any area of the Site; (2) use any of the Content found in any area of the Site for any public display, performance, sale or rental; (3) remove, modify or alter any copyright or other proprietary notice or trademarks from any of the Content found in any area of the Site; (4) otherwise Transmit any Content located in any area of the Site to any other person or entity, including posting to newsgroups or public forums; (5) rent, lease, loan, sell, distribute or create derivative works based on the Content or any portion thereof posted on the Site, or the software or techniques used in connection with the Site; or (6) modify the software and techniques used in connection with the Site. White Gypsy reserves the right to terminate this license at any time if a User breaches or violates any provision of the TOS, in which case such User will be obligated to immediately destroy.
White Gypsy reserves all other rights coincident or related to the Site. The use of download managers, for example Gozilla, Wget, HTTrack, or others - to download more than one (1) image or movie file at a time, which is available for download, is strictly prohibited and will result in termination of a User’s right to access any portion of the Site any Content information or materials User has downloaded or otherwise copied from the Site.
SITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WHITE GYPSY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. WHITE GYPSY OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR-FREE CONTENT OR SERVICE, CONTINUED OPERATION OF THE SITE OR PROTECTION FROM DELETION, MISDELIVERY OR FAILURE TO STORE INFORMATION, INCLUDING USER COMMUNICATIONS AND PERSONALIZATION SETTINGS. WHITE GYPSY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES CONTAINED ON THE SITE. WHITE GYPSY MAY CHANGE ANY OF THE CONTENT OR INFORMATION DISPLAYED OR LOCATED OR FOUND AT THE SITE AT ANY TIME WITHOUT NOTICE. WHITE GYPSY MAKES NO COMMITMENT TO UPDATE THE CONTENT OR INFORMATION FOUND AT OR DISPLAYED OR LOCATED OR FOUND ON THE SITE. IN NO EVENT SHALL WHITE GYPSY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ITS CONTENT OR SERVICES, EVEN IF WHITE GYPSY HAS BEEN ADVISED OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO A USER.
TERMINATION AND ACCESS RESTRICTION
White Gypsy reserves the right, in its sole discretion and without notice to User, to terminate a User's access to the Site (or any portion thereof) and to remove from the Site and discard any Content (including without limitation Content a User Transmits to the Site). White Gypsy may also terminate or suspend a User's access to the Site for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by White Gypsy, in its sole discretion. In the event of the suspension or termination of a User's access to the Site (or any portion thereof), User's right to use the Site (or any portion of which User access has been terminated) and to access any Content or Services contained thereon will immediately cease. Any such termination or suspension may be implemented without notice to User.
White Gypsy may, in its discretion, may terminate Site access of any User that White Gypsy believes, in its sole discretion, is Transmitting or is otherwise connected with any spam or unsolicited bulk e-mail. In the event a User's access is terminated for the reason described in the preceding sentence, and because damages are often difficult to quantify in such circumstances, if actual damages cannot be reasonably calculated, then User agrees to pay White Gypsy liquidated damages equal to 5€ for each piece of spam or unsolicited bulk e-mail Transmitted from or otherwise connected with such User's access to or use of the Site; otherwise, User agrees to pay White Gypsy actual damages, to the extent such actual damages can be reasonably calculated. A printed version of the TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form.
ACCOUNTS ARE NOT INTENDED FOR COMMERCIAL USE
The contact form, comment forms and all areas of member publishing is intended for personal use only. Members may not use these features to advertise other websites or products, or solicit members or models on the site for any commercial endeavors. White Gypsy may, in its discretion, terminate Site access of any User that White Gypsy believes, in its sole discretion, is posting or is otherwise connected with any commercial soliciting of models or members or unsolicited advertising. In the event a User's access is terminated for the reason described in the preceding sentence, and because damages are often difficult to quantify in such circumstances, if actual damages cannot be reasonably calculated, then User agrees to pay White Gypsy liquidated damages equal to 25,000€ for each instance of solicitation or advertising from or otherwise connected with such User's access to or use of the Site; otherwise, User agrees to pay White Gypsy actual damages, to the extent such actual damages can be reasonably calculated. A printed version of the TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form.
LINKS TO THIRD-PARTY SITES
The Site may contain links to sites that are controlled by third parties. Those linked sites are not controlled by White Gypsy and User acknowledges that White Gypsy is not responsible for the content of any such linked site or any link contained in a linked site. White Gypsy provides such links only as a convenience, and the inclusion of any link does not imply endorsement by White Gypsy of any linked site.
JURISDICTION AND VENUE
This Site is owned and operated by White Gypsy doing business in United Kingdom. White Gypsy makes no representation that any of the Content or Services available on the Site is appropriate or available for use in other locations. The TOS is governed and construed by United Kingdom law, without regard to conflicts of law provisions. In the event of a dispute arising out of or relating to the TOS, or a User's use of or access to the Site, any suit must be brought to Her Majesty's Courts of Justice of England and Wales, and User agrees to submit to the personal and exclusive jurisdiction of such courts located in such county.
Each User indemnifies and holds White Gypsy, and its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, co-branders or other partners, harmless from and against any and all demands, claims, losses or damages, including reasonable attorneys' fees at trial and on appeal, related to or arising out of such User's (i) Transmission of Content to or through the Site (and whether or not such Content displayed or made available on the Site), at any time, (ii) use of or access to the Site, (iii) connection to the Site, (iv) breach of any representation, covenant or warranty contained in the TOS, or (v) violation of any rights of another.
Notices by White Gypsy to Users may be given by means of electronic messages or by a general posting on the Site. Notices by Users to White Gypsy must be given by e-mail or regular mail, postage prepaid at the following address: White Gypsy Enterprises LLP, 526 Calle Capistrano, San Marcos, CA 92069. Any question, complaint or notice White Gypsy by means of e-mail must be sent to firstname.lastname@example.org.
SERVICES FOR CUSTOMERS
White Gypsy allows Subscribers to transmit data to various financial networks and telecommunication networks for settlement. In order to enroll in such services, the Subscriber must (i) be at least 18 years of age; (ii) populate every field on every form presented to User with accurate data; (iii) have a valid e-mail address; and (iv) agree to be bound by the TOS or any other agreement governing User's use of the service or particular resource described in the preceding sentence. User's failure to populate every field may result in User's waiver of certain rights under the TOS or other applicable agreements.
Credit/Debit Card Authorization:
By submitting credit or debit card ("Bank Card") data White Gypsy, User authorizes White Gypsy in its sole discretion to submit financial transactions to such User's issuing bank for settlement. User agrees that once White Gypsy has approved or declined the User's transaction, White Gypsy has fully performed under the terms of the TOS or other applicable agreements.
Each User who authorizes payment of a recurring charge (including without limitation subscription fees payable by a Subscriber) by Bank Card agrees to contact White Gypsy in the event such User desires to cancel any such recurring charge, all within ten (10) days prior to the next billing cycle. Should User fail to contact White Gypsy within such time frame, User agrees to indemnify and hold White Gypsy harmless from any losses or damages that User suffers as a result of such recurring charge.
If a User believes that there is an error on User's Bank Card statement arising from or related to a transaction authorized by User, including an incorrect amount or unauthorized transaction reflected on User's Bank Card statement or transaction summary, User agrees to contact White Gypsy within the time periods set below. Upon proper notification, White Gypsy, in its sole discretion, may issue a credit to User's Bank Card:
United States Issued Bank Cards-- within 120 days of the transaction.
International Issued Bank Cards-- within 180 days of the transaction.
Reach us through (email@example.com) or through the Contact us form on the Help
NO REFUNDS! We do not offer refunds for monthly subscriptions or Peeps. In the event a User desires to cancel any recurring charge, the User must contact White Gypsy (firstname.lastname@example.org) within ten (10) days prior to the next billing cycle.
The TOS contains the entire understanding between the User and White Gypsy regarding the subject matter of the TOS, superseding all prior or contemporaneous communications, agreements and understandings between the User and White Gypsy. The TOS is binding on and inures to the benefit of the parties, their legal representatives, successors and assigns; provided, however, that neither the TOS, nor any rights granted hereunder, may be assigned, transferred, conveyed or encumbered by User without the prior written consent of White Gypsy, which consent may be withheld in White Gypsy’s sole and arbitrary discretion. If any provision or clause of the TOS, or any portion thereof, is held by any court or other tribunal of competent jurisdiction to be illegal, void or unenforceable in such jurisdiction, the remainder of such provisions shall not thereby be affected and shall be given full effect, without regard to the invalid portion. The TOS is neither intended to, nor shall it be construed as creating, a joint venture, partnership or other form of business association between White Gypsy and any User. If any suit or action is filed by any party to enforce the TOS or otherwise with respect to the subject matter of the TOS, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, and if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the White Gypsy Copyright Agent with the following information:
identification of the copyrighted work claimed to have been infringed;
identification of the allegedly infringing material on the Site that is requested to be removed;
your name, address and daytime telephone number, and an e-mail address if available, so that White Gypsy may contact you if necessary;
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 that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
The White Gypsy Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
White Gypsy reserves the right to remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
Please note that, due to security concerns, e-mail attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
This Agreement is executed by the Parties hereto in the United Kingdom.
White Gypsy Enterprises LLP
A United Kingdom Company