Terms of Service

Terms of Service

The following is a legal agreement between you (“You”) and the owners and operators (“We”) of People I Love (“Site” or “peopleilove.com” or “signup.peopleilove.com” or “checkout.peopleilove.com” or  “Peopleilove” or “Followers” or “Followers.net” or “Followers.net, Inc.” and hereinafter “People I Love”). These Terms of Service (“TOS”) and the Ministry Donation Program Agreement (“Donation Program”) govern your access to the Site, use of the Site and its content, and contribution of Content to the Site.

“Content” shall refer collectively to images and videos available under Creative Commons CC0 from the People I Love Site. “Image(s)” means photographs, vectors, drawings, and the like. “Videos” means any moving images, animations, films, footage, or other audio/visual representations, excluding still images, recorded in any format.

In addition to the above definition, “Content” shall include all creative comments, writings, devotionals, and literary works provided by you.  You grant People I Love the right to use such Content and People I Love is not responsible for the use of the Content by third parties or users of this site. But the definition of Content in this paragraph is not any part of Creative Commons CC0.

These agreements may be revised or updated without notice. By using the Site, You agree to be bound by the TOS and Donation Program.

People I Love may use the Content provided by you for sale on the People I Love shopping cart. The Content may be sold on Products; Products are actual physical, tangible material such as canvas portraits, mouse pads, placards, greeting cards, and the like and is subject to change without notice. Products do not include Feature Pages. People I Love will contribute proceeds from the sale of Products such as canvas portraits, mouse pads, placards, and greeting cards to a charitable organization of your choice or People I Love may designate an organization for you in the event you do not select a charitable organization or People I Love may elect to choose no organization at times, if you do not choose one.  The Donation Program is not applicable to Feature Page sales and People I Love will not donate any proceeds from the sale of Feature Pages.

Using Images and Videos

Images and Videos on People I Love may be released under Creative Commons CC0. To the extent possible under law, uploaders of People I Love have waived their copyright and related or neighboring rights to these Images and Videos. You are free to adapt and use them for commercial purposes without attributing the original author or source.

Limitations:

a) Images and Videos depicting identifiable persons and or objects may not be used for pornographic, unlawful or other immoral purposes, or in a way that can give a bad name to people, or to imply endorsement of products and services by those persons, brands, organizations, etc.

b) Since People I Love does not require a written Model Release for each Image or Video that shows identifiable people, we cannot guarantee that You will be able to use the Content for any purpose you like.

c) Certain Images or Videos may be subject to additional copyrights, property rights, trademarks, etc. and may require the consent of a third party or the license of these rights. People I Love does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them.


Uploading Images and Videos

You may upload Images and Videos to the Site, and we may screen these uploads to see if they are suitable for distribution. People I Love does not accept any adult oriented Content.

By uploading, You release Images and Videos under Creative Commons CC0 into the public domain. This applies worldwide. In case this is not legally possible, You grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law. You are solely responsible for the Images and Videos You upload. You warrant that You own all proprietary rights regarding the Images and Videos, and You are obligated to obtain a non-exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or Property Release and/or any other permission necessary concerning the use of this work for any purpose, without any conditions, unless such conditions are required by law. Furthermore, You acknowledge that People I Love does not allow the upload of Images and Videos that infringe on any copyright, property right, trademark, or any other applicable right. You accept that even though We do our best to prevent it from happening, People I Love cannot be held responsible for the misuse or abuse of any Image or Video. We also reserve the right to remove any Image or Video at any time if We believe it is defective, of poor quality, or in violation of any rights.

Warranty and Liability

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS.” WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PEOPLE I LOVE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

PEOPLE I LOVE SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR ITS CONTENT.

 

Ministry Donation Program Agreement

This Ministry Donation Program Agreement (“Donation Program Agreement“) contains the terms and conditions that govern your participation in the People I Love Ministry Donation Program (“Donation Program”) described in the Terms of Service Agreement above. “We,” “us,” or “our” refers to People I Love, and “you” or “your” refers to Content contributors of the People I Love Site. “People I Love Site” means the peopleilove.com website accessed through a web browser, and mobile devices, or applications.

By providing or contributing to Content on People I Love Site (“Site”) or otherwise participating in or seeking to participate in the Donation Program, you agree to these conditions. Please read them carefully.

1. Description of the Program

The purpose of the Program is to allow you to designate a ministry or charitable organization of your choosing to receive proceeds from the sale of Products sold on the People I Love shopping cart. The ministry or charitable organization will receive donation from proceeds when customers or users of the People I Love Site make Qualifying Purchases (defined in Section 4) on the People I Love Site.

2. How to Select and Suggest Eligible Organizations

You can select an Eligible Organization, but only Eligible Organizations can receive disbursements from the Donation Program. To participate, you must accept this Donation Program Agreement without modification, complete registration through the People I Love Site, and properly provide all requested information, including submitting complete and accurate information that correctly identifies you. People I Love may designate a ministry or charitable organization on your behalf if you do not desire to designate a ministry or charitable organization, and you choose to participate in the Donation Program, and you accept this Donation Program Agreement. We reserve the right to reject or suspend your registration if your submitted information is inaccurate, or incomplete, or if you are otherwise not in compliance with this Donation Program Agreement.

If your registration is accepted, you will be a “Registered User” for as long as all of your submitted information is current and complete, this Donation Program Agreement remains in force, and you continue to be a Registered User of People I Love Site. You will ensure that all information you provide to us, including your user information, email address, and other contact information, is at all times complete, accurate, and up-to-date, and agree that failure to keep such information up to date may result in suspension or removal of your user account.

Eligible Organizations” are those ministries or charitable organizations that we determine:

a. are qualified under Section 501(c)(3) of the U.S. Internal Revenue Service Code;
b. are churches, organizations organized and operated exclusively for religious, educational, scientific, or other charitable purposes;
c. are public charitable organizations and not private foundations;
d. are not supporting organizations, unless identified specifically as Type I, Type II, or functionally integrated Type III supporting organizations (as defined in the U.S. IRS Code);
e. are headquartered in the United States (the 50 States and the District of Columbia);
f. are in good standing in their state of incorporation and in the states where they are authorized to do business;
g. do not engage in, support, encourage, or promote:

  • harassing behaviors;
  • hate, terrorism, or violence;
  • money laundering;
  • other illegal, deceptive, or misleading activities; and

h. are otherwise not in violation of the terms of this Donation Program Agreement.

You consent to us sending you notifications (if any), approvals (if any), and other communications relating to the Program and this Donation Program Agreement to the email address then-currently associated with your user account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

3. Program Policies

By participating in the Donation Program, you agree that you will comply with the Donation Program Policies and all pages, schedules, policies, guidelines, and other documents and materials referenced in this Donation Program Agreement, including other agreement and policies posted on the People I Love Site.

4. Qualifying Purchases

We will make donations to an Eligible Organization of your or our choosing, with donations resulting from Qualifying Purchases in accordance with Section 5 and as set forth in the People I Love Ministry Donation Program Agreement. If you select no organization, we may also elect simply not to disburse any donated amount. Subject to the exclusions set forth below, a “Qualifying Purchase” occurs when (a) a customer or user of the People I Love Site (i) places an order for a Product from his or her shopping cart on the People I Love Site, or (ii) downloads a Product from the People I Love shopping cart (b) at such time a customer makes a Product purchase on the People I Love shopping cart, your Eligible Organization will benefit, and (c) the Product is shipped to or downloaded by, and paid for by the customer.

Qualifying Purchases exclude, and will not be eligible for disbursements in connection with any of, the following:

  • any Product purchased after termination of this Donation Program Agreement or
    purchased in connection with a violation of this Donation Program Agreement; or
  • any Product order that is canceled or returned; or
  • any Feature Page sales.

5. Donations

Donations from us to Eligible Organizations are based on Qualifying Purchases shipped or downloaded (as applicable) in a given calendar quarter, and not subsequently returned by the purchaser. People I Love will donate five percent (5%) of qualified purchases to the organization of your choosing in accordance with the Donation Program, as it may be modified from time to time. Donations will be made to your selected organization when a site visitor purchases a Product specifically with your Content (design or photograph) uploaded by you. In the event a site visitor purchases a designed image predicated on a photo, the designer’s (rather than the photographer’s) non-profit organization will receive the donation in that case, despite the fact that the photo would have been provided by a different contributor and used by the designer.

Donations for each calendar quarter will be made approximately 45 days following the end of that quarter. To account for Product returns that are made after the end of a calendar quarter, we reserve the right in our sole discretion to withhold a portion of the quarterly donations for disbursement to Eligible Organizations during the next donation cycle, subject to any reduction due to returns or cancellations from prior quarters. If we determine that we have made an overpayment in donations to an Eligible Organization as a result of returns not offset by donations held back to account for returns, or if we determine that an Eligible Organization received donations to which Eligible Organization was not entitled as a result of your actions or omissions (for example, if you provided incomplete or false registration information or otherwise violated this Donation Program Agreement), we reserve the right, in our sole discretion, to (a) deduct the amount of the overpayment from any donation amount that is due to the Eligible Organization in subsequent donation cycles, and/or (b) notify the Eligible Organization and request reimbursement for any amounts incorrectly paid. You acknowledge and agree that we are under no obligation to provide you with a report of Qualifying Purchases or donations attributed or earned by Eligible Organizations.

If we determine that a Registered Organization is no longer an Eligible Organization or that you or anyone acting on your behalf has violated any term or condition set forth in this Donation Program Agreement, we reserve the right to disburse any donation that would have been made to such Eligible Organization instead to one or more other Eligible Organizations as set forth in the Donation Program or to no organization at all.

When making donations to Eligible Organizations, we will send a check to the Eligible Organization via U.S Postal Service. We reserve the right to accrue and withhold donations for any Eligible Organization until the total donation for that organization is at least $5.00, at which point the accrued and withheld total donations will be paid in full during the next quarterly donation cycle. However, we will not withhold donations that remain under the $5.00 level for an Eligible Organization for longer than four consecutive quarters.

If you submit to us a ministry or charitable organization, you must provide us with accurate and complete information, including the valid name of the ministry or charitable organization. If you do not provide this information or the information is not valid, we will be unable to register the ministry or charitable organization as an Eligible Organization. Then we reserve the right to suspend or revoke your request to add the ministry or charitable organization to the Donation Program, so that the ministry or charitable organization will not become  an Eligible Organization and will not receive donations. Donations that ministry or charitable organization would have received will be treated as donations directed to another Eligible Organization or will not be disbursed at all. A ministry or charitable organization will only be eligible to receive donations again after valid information is received by People I Love and the organization will qualify as an Eligible Organization.

We may be obligated by law to obtain tax information from a ministry or charitable organization. If we request tax information from the ministry or charitable organization and the information is not provided to us, we may (in addition to any other rights or remedies available to us) withhold such donations until the information is provided or until the ministry or charitable organization satisfies us that the ministry or charitable organization is not a ministry or charitable organization from whom we are required to obtain tax information.

Term and Termination

The term of this Terms of Service and Donation Program Agreement will begin upon acceptance of this Terms of Service and Donation Program Agreement and will end when terminated by either you or us. Either you or we may terminate this Terms of Service and Donation Program Agreement at any time, with or without cause, by giving the other party written notice of termination, which for your termination notice will require a written request to be removed from the People I Love Site, delivered by email to the following address terms-removal@peopleilove.com. We also reserve the right, in our sole discretion, to cancel or otherwise terminate the Terms of Service and Donation Program at any time. Upon any termination of this Terms of Service and Donation Program Agreement and/or the Donation Program, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections How to Select and Suggest Eligible Organizations, Qualifying Purchases, Donations, Relationship of Parties, Limitation of Liability, Disclaimers, Disputes, and Miscellaneous and Term of Service will survive the termination of this Donation Program Agreement. No rights or obligations with respect to accrued but unpaid donation obligations will survive any termination of this Donation Program Agreement, and instead amounts otherwise allocable to the Eligible Organization will be allocated and paid to other Eligible Organizations in accordance with Section 5 – Donations. No termination of this Donation Program Agreement will otherwise relieve either party for any liability for any breach of, or liability accruing under, this Terms of Service and Program Donation Agreement prior to termination.

Modification

We reserve the right to modify any of the terms and conditions contained in this Terms of Service and Donation Program Agreement (and any Operational Documentation) at any time and in our sole discretion by posting a change notice, revised agreement, or revised Operational Documentation on the People I Love Site or by sending notice of such modification to you by email to the email address then-currently associated with your user account (any such change will be effective on the date specified in such notice but will in no event be less than two business days after the date of the notice). YOUR CONTINUED USE OF THE PEOPLE I LOVE SITE OR PARTICIPATION IN THE DONATION PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH NOTICE WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO STOP USE OF THE PEOPLE I LOVE SITE IMMEDIATE OR  TERMINATE THIS DONATION PROGRAM AGREEMENT IN ACCORDANCE WITH TERM AND TERMINATION SECTION ABOVE. YOUR CONTINUED USE OF THE PEOPLE I LOVE SITE OR PARTICIPATION IN THE DONATION PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (FOR EXAMPLE, THE DATE OF OUR POSTING OF A CHANGE NOTICE, REVISED TERMS OF SERVICE AND DONATION PROGRAM AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE PEOPLE I LOVE SITE OR THE EFFECTIVE DATE SPECIFIED IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

Relationship of Parties

You and we are independent contractors, and nothing in this Terms of Service and Donation Program Agreement, the Terms of Service, or any policies or documents found on the People I Love Site will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your Site or otherwise, that contradicts or may contradict anything in this Relationship of Parties section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Terms of Service and Donation Program Agreement or Terms of Service, you will be deemed to have taken the action yourself.

Limitation of Liability

NONE OF US, PEOPLE I LOVE, OR ANY AFFILIATES AND LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS TERMS OF SERVICE OR DONATION PROGRAM AGREEMENT, OPERATIONAL DOCUMENTATION, THE PEOPLE I LOVE SITE, OR THE SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, THE AGGREGATE LIABILITY FOR US, PEOPLE I LOVE, AND ANY AFFILIATES AND LICENSORS ARISING IN CONNECTION WITH THIS TERMS OF SERVICE OR DONATION PROGRAM AGREEMENT, THE DONATION PROGRAM, THE PEOPLE I LOVE SITE, AND THE SERVICE OFFERINGS WILL NOT EXCEED $100.

Disclaimers

THE TERMS OF SERVICE OR DONATION PROGRAM, THE PEOPLE I LOVE SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE PEOPLE I LOVE SITE, ANY CONTENT, THE PEOPLE I LOVE.COM DOMAIN NAME, TRADEMARKS AND LOGOS OF OURS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US IN CONNECTION WITH THE TERMS OF SERVICE AND DONATION PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS“) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. WE DO NOT WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. WE WILL NOT BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, OR THE PEOPLE I LOVE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE OR DONATION PROGRAM AGREEMENT. FURTHER, WE WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS TERMS OF SERVICE OR DONATION PROGRAM AGREEMENT OR YOUR USE OF THE PEOPLE I LOVE SITE OR PARTICIPATION IN THE DONATION PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF THE TERMS OF SERVICE OR THIS DONATION PROGRAM AGREEMENT OR YOUR USE OF THE PEOPLE I LOVE SITE OR PARTICIPATION IN THE DONATION PROGRAM.

Disputes

Any dispute relating in any way to the Terms of Service or Donation Program or this Donation Program Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law and the laws of the state of Florida, without regard to principles of conflict of laws, will govern the Terms of Service or this Donation Program Agreement and any dispute of any sort that might arise between you and us.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Donation Program Agreement or the Terms of Service stated above as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at 509 Anglewood Dr. E., Brandon FL 33511. The arbitration will be conducted by the American Arbitration Association (“AAA“) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person or at a mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Notwithstanding anything to the contrary in the Terms of Service or this Donation Program Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.

Miscellaneous      

By accepting this Terms of Service and Donation Program Agreement you hereby consent to us sending you emails from time to time relating to the Terms of Service and Donation Program. You may not assign this Donation Program Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Terms of Service and Donation Program Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Terms of Service and Program Donation Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Terms of Service and Donation Program Agreement. We may from time to time in our sole discretion make donations that exceed or supplement those strictly required under this Terms of Service and Donation Program Agreement, but in no event will such actions create any right to receive excessive or supplemental donations at any later time or under similar circumstances. People I Love, its affiliates and licensors are expressly intended third party beneficiaries of this Terms of Service and  Donation Program Agreement, but except as stated in this this Terms of Service and Donation Program Agreement, no other person or entity other than you and us will have any right or interest arising out of this Terms of Service and Donation Program Agreement. This Terms of Service and Donation Program Agreement incorporates, and you agree to comply with, the most up-to-date version of all documents, including any updates to this agreement from time to time. Whenever used in this Terms of Service and Donation Program Agreement, the terms “include(s),” “including,” and “for example” mean, respectively, “include(s), without limitation,” “including, without limitation,” and “for example, without limitation.” Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Terms of Service and Donation Program Agreement, may be made, taken, or given in our sole discretion. All non-public information provided by us in connection with this Terms of Service or Donation Program Agreement or the Donation Program is considered confidential information, and you will maintain the same in strict confidence and not disclose the same to any third party (other than your affiliates) or use the same for any purpose other than your performance under this Terms of Service and Donation Program Agreement, which restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the parties. This Terms of Service, Donation Program Agreement, and Donation Program is the entire agreement between you and us regarding the Terms of Service, Donation Program Agreement, and Donation Program and supersedes all prior agreements and discussions.

Entire Agreement This Agreement constitutes the entire understanding of the parties and supersedes all prior discussions, negotiations, Agreements and understandings, whether oral or written, with respect to its subject matter.

 Severability If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, this Agreement shall be considered divisible as to such provision, and the remainder of the Agreement shall be valid and binding as though such provision were not included in this Agreement.

Headings Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.