1. Eligibility. Use of the Peppinon Services and registration to be a Member for the Peppinon Services ("Membership") is void where prohibited.  By using the Peppinon Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Peppinon Services does not violate any applicable law or regulation.  Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18
   
   
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Peppinon Services or are a Member.  You may terminate your Membership at any time, for any reason.  Peppinon may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability.  Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17
   
   
3. Fees. You acknowledge that Peppinon reserves the right to charge fees for any portion of the Peppinon Services and to change its fees (if any) from time to time in its discretion upon thirty (30) days notice.
   
   
4.  Password. When you sign up to become a Member, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party.  You agree to notify Peppinon immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.
   
   
5. Use by Members. The Peppinon Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Peppinon.  Peppinon reserves the right to remove commercial content in its sole discretion.  Illegal and/or unauthorized use of the Peppinon Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Peppinon Website, or employing third party promotional sites or software to promote profiles for money, is prohibited.  Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges.  Peppinon reserves the right to take appropriate legal action for any illegal or unauthorized use of the Peppinon Services.
   
   
6. Proprietary Rights in Content on Peppinon.

   6.1 Peppinon does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Peppinon Services.  After posting your Content to the Peppinon Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.  By displaying or publishing ("posting") any Content on or through the Peppinon Services, you automatically grant and represent and warrant that you have the right to grant to Peppinon a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Peppinon Services, including without limitation distributing part or all of the Peppinon Website in any media formats and through any media channels.  This limited license does not grant Peppinon the right to sell or otherwise distribute your Content outside of the Peppinon Services.  After you remove your Content from the Peppinon Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. 
   
   6.2 The license you grant to Peppinon is transferable, non-exclusive (meaning you are free to license your Content to anyone else in addition to Peppinon), fully-paid and royalty-free (meaning that Peppinon is not required to pay you for the use on the Peppinon Services of the Content that you post), sublicensable (so that Peppinon is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Peppinon Services), and worldwide (because the Internet and the Peppinon Services are global in reach).
   
   6.3 You represent and warrant that: (i) you own the Content posted by you on or through the Peppinon Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Peppinon Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Peppinon Services.
   
   6.4 The Peppinon Services contain Content of Peppinon ("Peppinon Content").  Peppinon Content is protected by copyright, trademark, patent, trade secret and other laws, and Peppinon owns and retains all rights in the Peppinon Content and the Peppinon Services.  Peppinon hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Peppinon Content (excluding any software code) solely for your personal use in connection with viewing the Peppinon Website and using the Peppinon Services.
   
   6.5  The Peppinon Services contain Content of Users and other Peppinon licensors.  Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Peppinon Services.
   
   6.6  Peppinon performs technical functions necessary to offer the Peppinon Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Peppinon Services.

7. Content Posted.
   
   7.1  Peppinon may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Peppinon violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Peppinon assumes no responsibility for monitoring the Peppinon Services for inappropriate Content or conduct. If at any time Peppinon chooses, in its sole discretion, to monitor the Peppinon Services, Peppinon nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
   
   7.2  You are solely responsible for the Content that you post on or through any of the Peppinon Services, and any material or information that you transmit to other Members and for your interactions with other Users. You can not post, transmit, or share Content on Peppinon Services that you do not have permission to post.
   
8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Peppinon Services. Peppinon reserves the right to investigate and take appropriate legal action against anyone who, in Peppinon's sole discretion, violates this provision, including without limitation, removing the offending Content from the Peppinon Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Peppinon:

8.1  is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

8.2  harasses or advocates harassment of another person;

8.3  contains excessive violence, or offensive subject matter or contains a link to an adult website;

8.4  solicits personal information from anyone under 18;

8.5  publicly posts information that poses or creates a privacy or security risk to any person;

8.6  constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8.7  constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or links to pirated music files;

8.8  involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

8.9  contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

8.10  furthers or promotes any criminal activity or enterprise, provides instructional information about illegal activities, or otherwise creates liability or violates any local, state, national, or international law;

8.11  solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

8.12  post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, pyramid schemes, or any other form of solicitation;

8.13  includes a photograph or video of another person that you have posted without that person's consent;

8.14  violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

8.15  is objectionable or which restricts or inhibits any other User from using or enjoying Peppinon Services, or which may expose Peppinon or its Users to any harm or liability of any type;

The following are examples of the kind of activity that is illegal or prohibited on the Peppinon Website and through your use of the Peppinon Services. Peppinon reserves the right to investigate and take appropriate legal action against anyone who, in Peppinon's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

8.16  criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

8.17  advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Peppinon Services. You may not transmit any chain letters or junk email to other Members. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Peppinon Services, you acknowledge that you will have caused substantial harm to Peppinon, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Peppinon $50 for each such unsolicited email or other unauthorized commercial communication you send through the Peppinon Services;

8.18  circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Peppinon Services;

8.19  activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

8.20  interfering with, disrupting, or creating an undue burden on the Peppinon Services or the networks or services connected to the Peppinon Services;

8.21  impersonating or attempting to impersonate another Member, person or entity;

8.22  using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

8.23  selling or otherwise transferring your profile;

8.24  using any information obtained from the Peppinon Services in order to harass, abuse, or harm another person or entity, or attempting to do the same; or

8.25  using the Peppinon Services in a manner inconsistent with any and all applicable laws and regulations.

9. Protecting Copyrights and Other Intellectual Property. Peppinon respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Peppinon has the right to terminate the Membership of infringers.
   
   If you believe your work has been copied and posted on or through the Peppinon Services in a way that constitutes copyright infringement, please send Peppinon's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Peppinon Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Peppinon's Copyright Agent for notification of claimed infringement can be reached at the following e-mail address: legal@peppinon.com, Attention Copyright Agent.
   
   
10. Member Disputes. You are solely responsible for your interactions with other Peppinon Members. Peppinon reserves the right, but has no obligation, to monitor or become involved in any way with disputes between you and other Members.
    
    
11. Privacy. Use of the Peppinon Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
    
    
12. Disclaimers.Peppinon is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Peppinon Services, whether caused by Users of the Peppinon Services or by any of the equipment or programming associated with or utilized in the Peppinon Services and such User Content does not necessarily reflect the opinions or policies of Peppinon. Profiles and third party applications created and posted by Members on the Peppinon Website may contain links to other websites. Peppinon is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Peppinon. Inclusion of any linked website on the Peppinon Services does not imply approval or endorsement of the linked website by Peppinon. When you access these third party sites, you do so at your own risk. Peppinon takes no responsibility for third party advertisements or third party applications that are posted on or through the Peppinon Services, nor does it take any responsibility for the goods or services provided by its advertisers. Peppinon is not responsible for the conduct, whether online or offline, of any User of the Peppinon Services. Peppinon assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Peppinon is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Peppinon Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Peppinon Services. Under no circumstances shall Peppinon be responsible for any loss or damage, including personal injury or death, resulting from use of the Peppinon Services, attendance at a Peppinon event, from any User Content posted on or through the Peppinon Services, or from the conduct of any Users of the Peppinon Services, whether online or offline. The Peppinon Services are provided "AS-IS" and as available and Peppinon expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Peppinon cannot guarantee and does not promise any specific results from use of the Peppinon Services.
    
    
13. Limitation on Liability. IN NO EVENT SHALL PEPPINON, AND ITS OWNERS,OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PEPPINON SERVICES, EVEN IF PEPPINON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.� NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PEPPINON'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PEPPINON FOR THE PEPPINON SERVICES DURING THE TERM OF MEMBERSHIP.
    
    
14. U.S. Export Controls. Software available in connection with the Peppinon Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Peppinon Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
    
    
15. Arbitration. YOU AND PEPPINON AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
    
    Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration will be in Cleveland, Ohio, unless otherwise agreed to by the parties, and the allocation of costs and fees for such arbitration shall be in and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
    
    To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
    
    
16. Governing Law. By visiting or using the Peppinon site and or Peppinon Services, you agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Peppinon or any of its affiliates.
    
    
17. Jurisdiction. With respect to any disputes, actions or claims that may not be subject to arbitration (as set forth in Paragraph 15),and with respect to any disputes, actions or claims relating in any manner to an arbitration proceeding or the enforcement of an arbitration award against Peppinon, you and Peppinon agree that any and all such disputes, actions or claims shall be brought exclusively and only in the United States District Court for the Northern District of Ohio or the Cuyahoga County, Ohio Court of Common Pleas (and in no other courts).  With respect to all such disputes, actions or claims, you hereby consent to jurisdiction and venue in those courts, and you waive all defenses of lack of personal or subject matter jurisdiction, forum non conveniens, improper venue, or similar defenses. 
    
    
18. Indemnity. You agree to indemnify and hold Peppinon, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Peppinon Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Peppinon Services causes Peppinon to be liable to another.
    
    
19. Acceptance. This Agreement is accepted upon your use of the Peppinon Website or any of the Peppinon Services and is further affirmed by you becoming a Member. 
    
    
20. Entire Agreement. This Agreement constitutes the entire agreement between you and Peppinon regarding the use of the Peppinon Services. 
    
    
21. No Waiver. The failure of Peppinon to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. 
    
    
22. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
    
    
23. Severability. This Agreement operates to the fullest extent permissible by law.  If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us with any questions regarding this Agreement please contact Peppinon at: legal@peppinon.com.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.