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GENERAL TERMS OF USE

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE SITE OR SERVICE (BOTH AS DEFINED BELOW). BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU OR THE ENTITY THAT YOU REPRESENT ("YOU") AGREE THAT YOU HAVE READ AND AGREE TO BECOME BOUND BY THE TERMS OF USE TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS OF USE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS OF USE, CLICK ON THE "CANCEL" BUTTON AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SITE OR SERVICES.

Acceptance of Terms.
The following terms and conditions govern all use of the various websites owned and operated by Peekok, LLC. ("Peekok") (including, without limitation, www.peekok.com, and www.peekoknest.com) (collectively, the "Site") and the services, widgets, and content available on or at or powered by the Site (taken together, the "Service"). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the "Terms of Use") and all other operating rules, policies and procedures that may be published from time to time on the Site by Peekok.
In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Peekok from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
Our service is not designed to solicit or collect information of any kind from persons under the age of 13, and we do not knowingly collect any information from persons under the age of 13. The Service is available only to individuals who are at least 13 years old. Peekok may, in its sole discretion, refuse to offer the Service to any person and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Modification of Terms of Use.
Peekok reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, User Submission or Content) at any time for any reason or no reason at all by posting a notice on the Site or by sending you a notice. Peekok may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting or notification of any changes to the Terms of Use constitutes acceptance of those changes.

Privacy.
Peekok's current Site privacy statement is located at www.peekok.com/policies/privacy (the "Privacy Policy") and is incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact policies@peekok.com.

Rules and Conduct.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. You are responsible for all of your activity in connection with the Service. The term "Content" includes, without limitation, any videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content or User Submission on or through the Service, that:

 * infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
 * is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
 * constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
 * involves commercial activities and/or sales without Peekok's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
 * contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Peekok or any third party; or
 * impersonates any person or entity, including any employee or representative of Peekok;
 * fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
 * manipulate the price of any third party's item or interfere with other user's listings;
 * circumvent or manipulate our fee structure, the billing process, or fees owed to Peekok.

Additionally, you shall not:
(i) take any action that imposes or may impose (as determined by Peekok in its sole discretion) an unreasonable or disproportionately large load on Peekok's (or its third party providers') infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
(iii) bypass any measures Peekok may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
(iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Service; or
(v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

You shall not (directly or indirectly):
(i) decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction,
(ii) modify, translate, or otherwise create derivative works of any part of the Service, or
(iii) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Registration.
As a condition to using Service, you may be required to register with Peekok and select a password and screen name ("Peekok User ID"). You shall provide Peekok with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Peekok account. You shall not
(i) select or use as a Peekok User ID a name of another person with the intent to impersonate that person;
(ii) use as a Peekok User ID a name subject to any rights of a person other than you without appropriate authorization; or
(iii) use as a Peekok User ID a name that is otherwise offensive, vulgar or obscene. Peekok reserves the right to refuse registration of, or cancel a Peekok User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Peekok password. You shall never use another user's account without such other user's express permission. You will immediately notify Peekok in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Fees and Payment.
Peekok reserves the right to require payment of fees for certain features of the Service and on behalf of the artists served by Peekok. You shall pay all applicable fees, as described on the Site in connection with such features selected by you. Artists reserve the right to change the price of their media and their services through Peekok and Peekok reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.

Third Party Site.
The Service may permit you to link to other webSite or resources on the Internet, and other webSite or resources may contain links to the Site. When you access third party webSite, you do so at your own risk. These other webSite are not under Peekok's control, and you acknowledge that Peekok is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such webSite or resources. The inclusion of any such link does not imply endorsement by Peekok or any association with its operators. You further acknowledge and agree that Peekok shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Peekok and Site Content.
You agree that the Service contains Content specifically provided by Peekok or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you,
(i) without the express prior consent of the respective owners or as specified by the content owners on the Site and
(ii) in any way that violates any third party right.
You may, to the extent the Site expressly authorizes you to do so, download or copy the Content and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Peekok, or from the copyright holder identified in such Content's copyright notice.

User Submissions.
The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") Content or other information to the Services ("User Submissions"). By posting User Submissions on or at any of the Site or otherwise through the Service, you understand that Peekok shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated and that Peekok will not be liable for any errors or omissions in any Content; and that Peekok cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
In connection with your User Submissions, you affirm, represent, and warrant that (and that you can and will demonstrate to Peekok's full satisfaction upon its request that):
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Peekok to use each and every image and sound contained in each such User Submission and to enable inclusion and use of such User Submissions in the manner contemplated by the Site, the Service and these Terms of Use;
(ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site, the Service and these Terms of Use; and
(iii) the posting of your User Submission on or through the Site or the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by you to or through the Site or the Service.

If you submit any User Submissions to Peekok or otherwise post content on the Site, you hereby do and shall grant Peekok all rights necessary:
(i) to host, stream, display, perform, publish, reproduce, and otherwise use User Submission and content, and act to facilitate transactions requested by you, so that Peekok may perform the Service for you,
(ii) to display such User Submissions and content to other Peekok users, and
(iii) to act otherwise consistent with the terms regarding the features of the Site and Service in connection with which you submitted such User Submissions and content; and you will not take away such rights from Peekok for as long as you keep such User Submission or content on the Site or Service. Additional terms for artists are provided at www.peekok.com/policies/artistagreement. You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service. For clarity, the foregoing license grant to Peekok does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s).
Peekok does not endorse and has no control over any User Submission. Peekok cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Peekok has no obligation to monitor the Site, Service, Content, or User Submissions. Peekok may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will Peekok be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.
You will not hold Peekok responsible for other users' actions or inactions, including anything they individually or collectively post. You acknowledge that the Site is a venue to allow anyone to offer, sell, and buy products or services, at anytime, from anywhere, in a variety of pricing formats and venues. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We expect you to fully understand and comply with the instructions and restrictions explicitly stated during the checkout process for any product or service you order on the Site.
Depending on the offer completed, there may be a delay in receiving the product or service you order due to a delay in reporting the offer completion to Peekok by the third party. The times specified in the Peekok checkout process for order fulfillment are estimates only. In cases where the delay exceeds the estimated completion time, you may submit proof of the completed advertiser (called a "receipt") to Peekok for manual review. If approved by Peekok, in its sole discretion, you will be manually credited for the product or service that you did not receive. Peekok in its sole discretion has the right to accept or deny any such receipt and is not obliged to provide any reasons for its decisions.
Peekok does not warrant, guarantee, or offer any support for the product(s) purchased or licensed through the Peekok checkout process, nor for the product(s) or service(s) received when completing a third party offer. Peekok is not a party to any transactions between users and third parties or other users and Peekok shall have no liability or responsibility to users with respect to any third party offer, transaction, products or services (all of which are at user's sole risk).

Termination.
Peekok may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.
You acknowledge that Peekok has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you accesses via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Peekok from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to Site containing, information that some people may find offensive or inappropriate. Peekok makes no representations concerning any content contained in or accessed through the Site, and Peekok will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. PEEKOK, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:
(A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(B) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification.
You shall indemnify and hold harmless Peekok, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Peekok reserves the right at any time and in its sole discretion to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Peekok in asserting any available defenses.

Limitation of Liability.
IN NO EVENT SHALL PEEKOK, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE
(I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING),
(II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR
(III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

International/Non-Michigan Use.
Peekok makes no representation that the Content is appropriate or available for use in locations outside of Michigan, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution.
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Peekok agree that any cause of action that you have or may have arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and Severability.
The Terms of Use are the entire agreement between you and Peekok with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Peekok with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous.
Peekok shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Peekok's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Peekok's prior written consent. Peekok may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices.
Unless otherwise indicated, the Terms of Use and all Content provided by Peekok are copyright © September 1, 2008, Peekok, LLC. All rights reserved. Peekok, www.peekok.com, and Peekok, are either trademarks or registered trademarks of Peekok. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.

Digital Millennium Copyright Act Notice.
Peekok has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Peekok's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

It is Peekok's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the Peekok web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Peekok is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is Peekok's policy:

1. to remove or disable access to the infringing Content;
2. to notify the Content provider, member or user that it has removed or disabled access to the Content; and
3. that repeat offenders will have the infringing Content removed from the system and that Peekok will terminate such content provider's, member's or user's access to the service.

C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the Content provider, member or user;
2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
3. A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
4. Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which Peekok is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Peekok's may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Peekok's discretion.
Please contact Peekok's Designated Agent to Receive Notification of Claimed Infringement at the following address:
DMCA Counter Notifications
c/o Peekok, LLC.
11489 Fellows Creek Drive
Plymouth, MI 48170
Ph: 415-272-7243
Fax: N/A
policies@peekok.com

Contact.
You may contact Peekok at: policies@peekok.com

Effective Date: September 1, 2008

ARTIST TERMS OF USE

PLEASE READ THE ARTIST TERMS OF USE ("AGREEMENT" OR "ARTIST TERMS") CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE "ARTIST SERVICES" (AS DEFINED BELOW). BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU AND ANY ENTITY THAT YOU REPRESENT (COLLECTIVELY, JOINTLY AND SEVERALLY, "YOU") AGREE THAT YOU HAVE READ AND AGREE TO BECOME BOUND BY THE ARTIST TERMS. IF THESE ARTIST TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE ARTIST TERMS, CLICK ON THE "CANCEL" BUTTON AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SITE OR SERVICES.

Acceptance of Terms.
The Artist Terms govern the terms under which Peekok may promote and sell Your digital media (the "Artist Services") to users of the Peekok website and/or web-services. These Artist Terms supplement the Terms of Use located at www.peekok.com/policies/fan-terms, as published on the Peekok website (the "General Terms"). To the extent that there are any conflicts between the terms and conditions of the Artist Terms and those in the General Terms, the terms and conditions of the Artist Terms will control. For the avoidance of doubt, the Artist Terms shall be governed by the assignment provisions and the dispute resolution procedures specified in the General Terms. All capitalized terms that are not defined herein have the meaning specified in the General Terms. The Artist Terms may be updated from time to time by Peekok for any reason or no reason at all. Peekok will notify You of any such updates in writing, by e-mail or by facsimile, at Peekok's election, and Your continued use of the Artist Services following notification constitutes acceptance of those changes.

Registration.
As a condition to using the Artist Services, You will be required to register and fill out an application for a Peekok Artist account ("Artist Account"). You shall provide Peekok with true, accurate, current and complete registration information and update Your registration information as necessary to keep it true, accurate, current and complete. Peekok will review Your registration application and following approval, You will be able to create Your Artist Account password and screen name and access and use Your Artist Account only as permitted by this Agreement. Peekok reserves the right, in its sole discretion, to reject any application for an Artist Account, for any reason or for no reason at all.
You are solely responsible for any activity that occurs on Your Artist Account and for maintaining the confidentiality of Your Artist Account password. Notwithstanding the foregoing, You may designate members of Your management team, such as Your managers and/or agents, as authorized users of Your Artist Account who will have full rights to access Your Artist Account and to take any actions that You are authorized to take under the terms of this Agreement. Sale and Distribution of Products.
You will register each product or piece of media that You wish to sell (the "Products") in Your Artist Account, set the price and other sales terms and, at Your discretion, provide Product information such as images or verbal descriptions. You may add or remove Products or change prices, terms or Product information at any time by visiting Your Artist Account. Peekok reserves the right, in its sole discretion and at any time, to refuse to sell any Product through the Site, and Peekok is not obligated to provide the reason for any such decision. For Products in electronic form intended for digital distribution, such as sound or video recordings, You will be responsible for uploading the Product to the Site.
Peekok will be responsible for the fulfillment of orders placed through the Site. Peekok will collect and process credit card information from each buyer and, following Peekok's verification of the buyer's credit card information and collection of the purchase price and any applicable taxes and fees, Peekok will, (i) for any Product that is available in digital/electronic form, provide the buyer with a mechanism to download or otherwise access the Product.
Peekok will maintain an account (the "Proceeds Account") into which Peekok will deposit the proceeds Peekok actually receives from the sales of Products and against which Peekok will deduct a fixed percentage of all amounts received from each sale ("Transaction Fee"), any refunds, chargebacks, rebates, and the like, and any other fees payable by You to Peekok to determine Your "Net Proceeds." The then-current Transaction Fee and all other applicable fees (e.g. administrative or membership fees, or credit card payment fees) will be specified on Your Peekok Artist Account Usage and Fees section of the application, as modified by Peekok from time to time. Peekok will deposit Your Net Proceeds into Your Proceeds Account on a monthly basis, no later than thirty (30) days following the end of each calendar month. All payments will be made in U.S. dollars. For any month in which Your Net Proceeds are less than one hundred dollars ($100.00), Peekok reserves the right to withhold payment to You until the first payment cycle in which the Net Proceeds exceed one hundred dollars.

Licenses.
By using the Artist Services, You hereby grant to Peekok for as long as You are using the Peekok Artist Services a worldwide, non-exclusive, royalty-free right to
(i) perform the Artist Services on your behalf (e.g., use, display, perform, publish, reproduce Your Products along with all associated artistic or copyrightable works You have uploaded into the Peekok Artist Services including without limitation all audio and video recordings, album cover art, images, graphics, PDFs, descriptive text ("Artworks") for that purpose),
(ii) stream, transmit, feature, promote, market, or otherwise sell and distribute the Products and their associated Artworks on or through the Site to buyers in connection with the Artist Services; and
(iii) use and publish, and to permit others to use and publish, the name (s), Trademarks (as defined below), likeness and biographical materials of You and all other members of Your band or group, in connection with the Artist Services.

Trademarks.
You hereby grant Peekok for so long as You are using the Artist Services, the worldwide, non-exclusive, and royalty-free right to use, reproduce, and display Your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the "Trademarks") in connection with the Artist Services. Nothing in this Agreement shall be construed to grant You any rights to use, reproduce, or display any Trademarks owned or used by Peekok.

Representations and Warranties.
You represent and warrant, (and You can and will demonstrate to Peekok's full satisfaction upon its request) that:
a. You own or have the necessary licenses, rights, consents and permissions to use and authorize Peekok to use each and every image and sound contained or embodied in the Products or the Artworks and to enable use of the Products and Artworks in the manner contemplated by this Agreement, and (ii) You have the written consent, release, and/or permission to use the name or likeness of each and every identifiable individual person and to include and use such individual's name or likeness in the Products or Artworks in the manner contemplated by this Agreement. You represent and warrant that the use, sale or other promotion or distribution of the Products or Artworks on or through the Site or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. You have full authority to act on behalf of any and all owners of any right, title or interest in and to any Product or Artwork.
b. You have full authority to enter into, and own or control all rights necessary, including without limitation any third-party consents, licenses and permissions, to fully perform Your obligations under this Agreement. You will perform Your obligations hereunder in compliance with any applicable laws, rules and regulations of any governmental authority having jurisdiction over such performance. You will not offer any Product or associated Artwork for sale if such transaction could cause Peekok to (i) violate any applicable law, rule or regulation or (ii) violate or infringe the rights of any third party. You understand and agree that the only sums Peekok is required to pay to You in connection with the Artist Services will be Your Net Proceeds, calculated as set forth above. You shall pay all royalties, fees and other monies owing any person or entity arising out of the use, sale, distribution or other exploitation of any Product or Artwork on or through the Site, including without limitation (i) any sums due to artists, authors, co-authors, copyright owners and co-owners, producers and any other record royalty participants and (ii) fees for any rights, consents, royalties, or any other sums payable to any third party in connection with the exploitation of any materials contained in the Products or Artworks which are protected by any intellectual property rights.

Termination.
Peekok may terminate Your Artist Account and Your access to all or any part of the Artist Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with Your membership. If You wish to terminate Your Artist Account, You may do so upon written notice to Peekok at policies@peekok.com Any fees paid by You hereunder are non-refundable. If Peekok owes You any Net Proceeds at the time of termination, Peekok will deposit those fees into Your Proceeds Account during the next monthly payment cycle.

Indemnification.
You shall indemnify and hold harmless Peekok, its affiliates' and each of its, and its affiliates' employees, contractors, directors, suppliers and representatives from any and all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (a) misappropriation of, infringement upon, or violation of any intellectual property rights of any person or entity, including without limitation, copyrights, trademarks or rights of publicity, by You or any person using Your Artist Account; (b) Your violation of any of the Artist Terms or any other applicable laws, rules, regulations or contractual obligations; and (c) the Products. Peekok reserves the right at any time and in its sole discretion to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Peekok in asserting any available defenses.

Limitation of Liability.

IN NO EVENT SHALL PEEKOK, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE ARTIST SERVICE OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT (I) FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer.
THE ARTIST SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PEEKOK, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE ARTIST SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THE RESULTS OF USING THE ARTIST SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOUR USE OF THE ARTIST SERVICE IS SOLELY AT YOUR OWN RISK.