Terms of Service
1. Your Acceptance
The terms below are applicable to the website services (the “Services”) provided and maintained by Miramedia Retail Inc. on the website www.peopletail.com (the “Website”) and any other websites operated by us under the Peopletail brand (collectively, "Peopletail," the "Company," "we," "us," or "our")
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version located at https://www.peopletail.com/ca/page/terms-of-use. Peopletail may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Service, including users who are contributors of Content on the Service and users that browse Content on the Service. “Content” includes the text, images, graphics, photos, sounds, music, videos, audiovisual combinations and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Peopletail, including but not limited to all products, software and services offered via the Peopletail website, such as user created content, product listings, advertising campaigns, third-party advertisements and other features.
The Service may contain links to third-party websites that are not owned or controlled by Peopletail. Peopletail has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Peopletail will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Peopletail from any and all liability arising from your use of any third-party website.
3. Peopletail Accounts
In order to access some features of the Service, you will have to create a Peopletail account. You may never use another user's account without their permission. When creating your 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 Peopletail immediately of any breach of security or unauthorized use of your account.
Although Peopletail will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Peopletail or others due to such unauthorized use.
4. General Use of the Service — Permissions and Restrictions
Peopletail hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Service or the Content without Peopletail's prior written authorization, unless Peopletail makes available the means for such distribution through functionality offered by the Service and you follow the requirements of such functionality (such as via an Application Programming Interface).
You agree not to alter or modify any part of the Service, other than adding, deleting or editing your Content or Personal Information.
You agree not to access Content through any technology or means other than the Website or other explicitly authorized means Peopletail may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain Peopletail's prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the Service or Content.
Prohibited commercial uses do not include:
uploading original Content to Peopletail to promote your business, personal brand or artistic enterprise;
any use that Peopletail expressly authorizes in writing.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Peopletail servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Peopletail grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Peopletail reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
Peopletail reserves the right to discontinue any aspect of the Service at any time.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Peopletail, subject to copyright, trademark law and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Peopletail on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Peopletail or the respective licensors of the Content. Peopletail and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Peopletail is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Peopletail with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Peopletail, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Your Content and Conduct
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Peopletail all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Peopletail, you hereby grant Peopletail a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, sell, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Peopletail's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that Peopletail may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Peopletail all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations.
Peopletail does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Peopletail expressly disclaims any and all liability in connection with Content. Peopletail does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Peopletail will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Peopletail reserves the right to remove Content without prior notice.
7. Commissions & Payment
When you write and submit a product recommendation on the Peopletail website, you may earn a commission if that recommendation results in any sales on eligible retailer websites.
Peopletail has registered with several retailer affiliate programs so you don’t have to, and any commission earned from your recommendation falls under Peopletail’s membership. That commission is then paid to you subject to the provisions below, minus any applicable fees.
Peopletail works with retailers and affiliate network providers to recognize when a sale takes place that originates from a user recommendation. Peopletail receives a notification of sale when a sale takes place, and this notification ties any commission earned with the user that made the recommendation. If any of your recommendations result in a sale, you will be promptly notified by us in your account page once we are notified by the retailer.
There is often a grace/holding period put in place by retailers when a sale is made, and this holding period is often different for each retailer. Once the holding period expires, the earned commission is recognized in your account.
Peopletail charges a 10% service fee from all your commissions for providing the website and its services. This fee is automatically deducted from your commissions upon payout to your Paypal account. If this fee changes, we will let you know.
Peopletail is only responsible for and can only control its own fee that is deducted from your commission. Peopletail is not responsible for any additional fees that may be subtracted from your commission at any stage of the process by third-parties. Peopletail is also not responsible for any changes to retailer affiliate programs, including the amount of commissions that are earned from any sale.
The following is a list of the affiliate programs for which Peopletail is a member:
- Amazon Canada, Rakuten, Commission Junction, Share-a-Sale, Refersion
8. Account Termination Policy
Peopletail will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer, as defined below in the Copyright Policy section.
Peopletail reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, hate speech, criminal activity, advice on circumvention of laws, sale/solicitation of illegal goods or activities, etc. Peopletail may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
9. Copyright Policy
Peopletail has a clear and simple copyright policy in relation to any Content that you create and make accessible on the Service - you must abide by all applicable copyright laws.
If you are notified that your Content infringes a third-party's copyright, then you must take the infringing Content down, and if you do not act reasonably promptly, then Peopletail will take the infringing Content down. If you feel that the Content does not infringe third-party rights or otherwise does not violate any of Peopletail’s terms, you can email at us firstname.lastname@example.org and we will consider your position and reconsider the take-down request.
As part of Peopletail's copyright policy, Peopletail will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity on multiple occasions.
In egregious situations of copyright infringement (as solely determined by Peopletail), Peopletail reserves the right to terminate user access to the Website even if the user is not a repeat infringer.
An example of an egregious situation is when a user copies an entire product review from another user without their permission.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PEOPLETAIL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. PEOPLETAIL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. PEOPLETAIL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PEOPLETAIL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL PEOPLETAIL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PEOPLETAIL SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Peopletail from its facilities in Canada. Peopletail makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Peopletail, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third-party. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.
13. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 16, as the Service is not intended for children under 16. If you are under 16 years of age, then please do not use the Service. There are a lot of other websites that may be interesting to you. Talk to your parents or guardian about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Peopletail without restriction.
You agree that: (i) the Service shall be deemed solely based in Ontario, Canada; and (ii) the Service shall be deemed a website that does not give rise to personal jurisdiction over Peopletail, either specific or general, in jurisdictions other than Ontario. These Terms of Service shall be governed by the internal laws of the Province of Ontario, without respect to its conflict of laws principles. Any claim or dispute between you and Peopletail that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Ontario. These Terms of Service, together with the Privacy Notice at https://www.peopletail.com/ca/page/privacy and any other legal notices published by Peopletail on the Service, shall constitute the entire agreement between you and Peopletail concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Peopletail's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Peopletail reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
Dated: February 15, 2019