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”) 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, 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.

People I Love may use the Images, Videos, and Content provided by you for sale and sponsorship. Images, Videos, and 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.

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 and personal 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.

 

Term and Termination

The term of this Terms of Service will begin upon acceptance of this Terms of Service and will end when terminated by either you or us. Either you or we may terminate this Terms of Service 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 at any time. Upon any termination of this Terms of Service, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under sections Relationship of Parties, Limitation of Liability, Disclaimers, Disputes, and Miscellaneous will survive.

Modification

We reserve the right to modify any of the terms and conditions contained in this Terms of Service (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 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 IMMEDIATELY OR  TERMINATE THIS AGREEMENT IN ACCORDANCE WITH TERM AND TERMINATION SECTION ABOVE. YOUR CONTINUED USE OF THE PEOPLE I LOVE SITE FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (FOR EXAMPLE, THE DATE OF OUR POSTING OF A CHANGE NOTICE, REVISED TERMS OF SERVICE, 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, 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, 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, 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, THE PEOPLE I LOVE SITE, AND THE SERVICE OFFERINGS WILL NOT EXCEED $100.

Disclaimers

THE TERMS OF SERVICE, 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 (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. 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 YOUR USE OF THE PEOPLE I LOVE SITE, OR (Z) ANY TERMINATION OR SUSPENSION OF THE TERMS OF SERVICE OR YOUR USE OF THE PEOPLE I LOVE SITE.

Disputes

Any dispute relating in any way to the Terms of Service 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 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 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 4915 Bay Street NE – Unit 134, St. Petersburg FL 33703. 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, 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, you hereby consent to us sending you emails from time to time relating to the Terms of Service. Our failure to enforce your strict performance of any provision of this Terms of Service will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Terms of Service. People I Love, its affiliates, and licensors are expressly intended third party beneficiaries of this Terms of Service, but except as stated in this this Terms of Service, no other person or entity other than you and us will have any right or interest arising out of this Terms of Service. This Terms of Service 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, 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, may be made, taken, or given in our sole discretion. All non-public information provided by us in connection with this Terms of Service 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, which restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the parties. This Terms of Service is the entire agreement between you and us regarding the Terms of Service 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.