Terms of Service

Perch Terms of Service

Welcome to Perch. This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with Perch’s service and features (collectively, the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”). This Agreement applies to all visitors, users, and others who access the Service (“Users”).

Privacy Policy

Your privacy is critical. We created our Privacy Policy to make important disclosures about how you use Perch to capture and view video, share with others and how we collect and can use the personally identifiable information (“Personal Information”) and videos (“IP Content”) you enter on our Service. A link to that Privacy Policy is here.

Eligibility

You may use the Service only if you can form a binding contract with Perch, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Anyone under 13 is strictly prohibited from using the Service. The Service is not available to any Users previously removed from Perch, whether for violation of this Agreement or otherwise.

Sharing Your Content and Information

You own all of the content and Personal Information you enter or post on Perch, and can control how it is shared through your privacy and application settings. In addition:

For content that is covered by intellectual property rights, like videos (“IP Content”), you specifically give us the following permission, subject to the limitations set forth in our Privacy Policy: you grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty- free, worldwide license to use any IP Content that you post on or in connection with Perch.

We always appreciate your feedback or other suggestions about Perch, but you understand that we may use them without any obligation to compensate you for them, just as you have no obligation to offer them to us.

Safety

We do our best to keep Perch safe, but we cannot guarantee it. We need your help to keep Perch safe, which includes the following commitments by you:

  • You will not collect Users’ content or Personal Information, or otherwise access Perch, using automated means (including, but not limited to, harvesting bots, robots, spiders, or scrapers) without our prior written permission.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else. You will not bully, intimidate, or harass any User.
  • You will not post content on Perch that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • You will not develop or operate on Perch a third-party application containing alcohol-related, dating or other mature content.
  • You will not use Perch to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working or appearance of Perch, such as a denial of service attack or interference with page rendering or other Perch functionality.
  • You will not facilitate or encourage any violations of this Agreement or our policies.

 

Registration and Account Security

Perch Users provide their real  information, and we need your help to keep it that way. You may never use another User’s account without their permission. When creating your own account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Perch immediately of any breach of security or unauthorized use of your account. Perch will not be liable for any losses caused by any unauthorized use of your account. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information on Perch, or create an account for anyone other than yourself.
  • If we disable your account, you will not create another one without our written permission.
  • You will not use Perch if you are under 13.
  • You will not use Perch if you are a convicted sex offender.
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password, let anyone else access your account without your permission, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account to anyone without first getting our written permission.
  • If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a username may infringe the rights of a trademark owner).
  • By providing Perch your email address you consent to our use of that email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
  • You may control your User profile and how you interact with the Service by changing the settings in the Perch app

 

Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.

You will not post content or take any action on Perch that infringes, misappropriates or violates someone else’s rights or otherwise violates applicable laws, rules or regulations.

We can remove any content or Personal Information you post on Perch if we believe that it violates this Agreement or our policies.

If you infringe other people’s intellectual property rights, we reserve the right to disable your account when we, in our sole discretion, deem it appropriate.

  • You will not use our copyrights or trademarks without our express written consent.
  • You will not post anyone’s identification documents or sensitive financial information on Perch.

 

Mobile and Other Devices

We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees and data fees, will still apply.

You provide consent and all rights necessary to enable Users in your Perch groups to sync (including through an application) their devices with any of your IP Content and Personal Information that is visible to them on Perch.

Special Provisions Applicable to Software

If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.

You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.

Amendments

If we make material changes to this Agreement, we will notify you by posting an announcement on our Service or by sending you an email to the address you have registered with us. Your continued use of Perch following any changes to this Agreement constitutes your acceptance of such changes.

Limitation of Liability

Perch is not responsible for addressing any claims you have or any claims of any third party relating to the Service, the Perch app or your possession and use of the Perch app, including, but not limited to: (i) product liability claims; (ii) any claim that the Perch app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Neither Perch nor its supplies shall be responsible or liable with respect to any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, service, or technology, or (b) for any indirect, incidental, or consequential damages including, but not limited to loss of revenues and loss of profits. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusion set forth above may not apply to you.

Termination

If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Perch to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

Disputes

You will resolve any claim, cause of action or dispute you have with us arising out of or relating to this Agreement or Perch exclusively in a state or federal court located in New York County in the State of New York. The laws of the State of New York will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in New York County, New York for the purpose of litigating all such claims.

YOU USE Perch AT YOUR OWN RISK. WE ARE PROVIDING Perch AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Perch WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT Perch WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. Perch IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING

OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to Users outside the United States:

You consent to having your personal data transferred to and processed in the United States.

If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Perch (such as advertising or payments)

Referral Program

The Perch Referral Program (the “Program”) is open to all U.S. residents and will run from 12:00pm PT on July 29, 2015 until 11:59pm PT on December 30, 2015 (the “Term”). The program does not require purchase and uses a points-based system powered by Queueat.com. Please sign up to participate in the program at https://getperch.com/offers/, and we will provide you with a unique referral link.

Winners are chosen by the total number of points they have accrued at the end of the Term. Points can be accrued in the following ways:

  • 5 points for sharing your unique referral link on Facebook (accrual of points is limited to once every 24 hours)

  • 5 points for sharing your unique referral link on Twitter (accrual of points is limited to once every 24 hours)

  • 5 points for sharing your unique referral link via email (accrual of points is limited to once every 24 hours)

  • 10 points for “Liking” the Perch page on Facebook (accrual of points is limited to one time)

  • 10 points for following the @getperch on Twitter (accrual of points is limited to one time)

  • 10 points for leaving a comment about Perch on https://getperch.com/status/ (accrual of points is limited to one time)

  • 25 points for each individual who signs up with Perch at https://getperch.com/offers/ using your unique referral link.

The total points you have is available on a public leaderboard at https://getperch.com/status/ (the “Leaderboard”) and updated every day. Following the end of the Term, the final list of winners will be announced on the Leaderboard, and each winner will be notified via email.

The list of prizes (each, a “Prize”) for the winners of the Program are as follows:

  • One (1) Samsung 48-Inch 1080p LED TV will be awarded to the person with the highest total points at the end of the Term.

  • Four (4) Action Mount® – GoPro Style Padded Dog Chest Harness & J-Hooks will be awarded to the people with the second through fifth highest total points at the end of the Term.

  • Four (4) JOBY GripTight Micro Stand for SmartPhones will be awarded to the people with the second through fifth highest total points at the end of the Term.

Perch’s determination of the winners shall be in its sole discretion and shall be final.  Perch makes no warranties with regard to any Prize and disclaims all guarantees and warranties, whether express, implied or statutory, including any warranty of merchantability or fitness for a particular purpose.  Should there be any tax liability for an awarded Prize, such taxes are your sole responsibility.  You may not obtain any cash or money in exchange for any points or Prizes.  Each Prize is nontransferable and must be accepted as awarded.
Points can only be accrued solely by you, and you may not earn points by permitting another individual to use your unique referral link, creating multiple Perch accounts, or otherwise attempting to circumvent the Program’s system.  Such actions may, without limiting any other Perch rights or remedies, result in forfeiture of your Perch account and all points accrued thereunder.  Perch reserves the right to withhold points if we suspect that the points were earned in a fraudulent manner, in a manner that violates this Agreement or in a manner otherwise not intended by Perch.  You must not conduct your own promotion in connection with the Program.  You may not engage in any promotional, marketing, or other advertising activities on behalf of Perch, including by using any trademarks of Perch.

The Program is void where prohibited by law.  Perch reserves the right to modify or terminate the Program at any time.  You understand that your account or the Leaderboard may not accurately reflect the points you have actually earned.  Perch will have no liability for any errors displayed in your account or the Leaderboard.

 

Definitions

By “content” we mean anything you or other Users post on Perch that would not be included in the definition of Personal Information.

By “data” or “User data” or “User’s data” we mean any data, including a User’s content or Personal Information that you or third parties can retrieve from Perch or provide to Perch.

By “app” or “application” we mean any application or website that uses or accesses Perch, as well as anything else that receives or has received data from us. If you no longer access Perch but have not deleted all of your data from us, the term app or application will apply until you delete the data.

Other

This Agreement makes up the entire agreement between the parties regarding the Services, and supersedes any prior agreements, whether written or oral.

If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any provision of this Agreement, it will not be considered a waiver of that provision or of any other provision of this Agreement.

Any amendment to or waiver of this Agreement must be made in writing and either signed by us or posted by us on the Service.

You will not transfer any of your rights or obligations under this Agreement to anyone else without our written consent.

All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in this Agreement shall prevent us from complying with applicable laws, rules or regulations.

This Agreement does not confer any third party beneficiary rights.

We reserve all rights not expressly granted to you.

You will comply with all applicable laws when using or accessing Perch.

About Perch

Perch is a division of Samsung Research America, Inc. (“SRA”) and Perch is entering into this Agreement on SRA’s behalf.