Terms of service
Terms of service
Please note that your use of and access to our website is subject to the following terms. If you do not agree to all of the following, please do not use or access the website.
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.
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://peopletail.com/ca/page/terms-of-service. 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.
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 solely may be liable for the losses of Peopletail or others due to such unauthorized use.
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.
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.
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 the 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, and brands that provide products in conjunction with advertising campaigns, 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 yYour 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.
Fair Usage Policy
Users are prohibited from using the Peopletail TV for any illegal or unauthorized purpose.
Users are prohibited from uploading, posting, or transmitting any material that infringes on any intellectual property rights of others.
Users are prohibited from uploading, posting, or transmitting any viruses, Trojan horses, or other harmful or disruptive code.
Users are prohibited from using the Peopletail TV to engage in any unsolicited or unauthorized advertising or promotional activities, including but not limited to, spamming, phishing, or mailing list blasting.
Users are prohibited from using the Peopletail TV to violate any applicable local, state, national, or international law or regulation.
Users are prohibited from using the Peopletail TV to collect personal information about other users without their consent.
Users are prohibited from using the Peopletail TV to engage in any activity that would be considered harassment, bullying, or stalking of other users.
Users are prohibited from using the Peopletail TV to engage in any activity that would be considered a violation of another person's privacy.
Users are prohibited from using the Peopletail TV to engage in any activity that would be considered a violation of another person's intellectual property rights.
Users are prohibited from using the Peopletail TV to engage in any activity that would be considered a violation of another person's right to publicity or privacy.
We reserve the right to terminate or restrict a user's access to the Peopletail TV at any time, without notice, for any reason, including but not limited to, violation of this fair usage policy.
We reserve the right to modify this fair usage policy at any time, and users are responsible for regularly reviewing this policy for any updates or changes.
We reserve the right to limit the number and size of videos that a user can upload in order to ensure fair usage and prevent excessive strain on our servers. This limit will be reasonable and may be adjusted as necessary to maintain the smooth functioning of the app for all users.
Users are prohibited from uploading, posting, or transmitting any nudity or pornographic material on the Peopletail TV. Any content that is deemed inappropriate or offensive will be removed and the user's access to the app may be terminated.
Users who engage in uploading spam or bulk content to the Peopletail TV may have their accounts terminated at our discretion. We will take steps to prevent any spamming or bulk content from clogging the system and negatively impacting the user experience.
Any questions or concerns regarding this fair usage policy should be directed to email@example.com.
Commissions & Payment
When you generate affiliate links via Peopletail, you may earn a commission for sales on eligible retailer websites.
Any commission earned from your links 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 to recognize when a sale takes place that originates from a user link. Peopletail receives a notification of a sale when a sale takes place, and this notification ties any commission earned in Peopletail Rewards with the user that made the link. If any of your links 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.
There is a minimum pay-out threshold of $100 USD. This means that you will not be able to withdraw any Commission until you have earned a minimum of $100 USD via PayPal or in your Crypto Digital Wallet.
You acknowledge and agree that Peopletail shall only be liable for payment of Commission for money actually received. You shall not be entitled to any Commission on a sale that is refunded, chargeback, or any sale for which Peopletail does not receive the money due to credit card abuse, fraud or any other reason, including but not limited to Retailers exiting the Peopletail platform. Peopletail or Retailer reserves the right to adjust future Commission to be paid, based on refunds, chargebacks, or fraud or other claims received after you have been paid. Peopletail or Retailer may also ask you to refund Commission pertaining to refunds and chargebacks that occur after you have been paid.
Peopletail offers two types of payment withdrawals, i.e. via PayPal and or in Crypto Digital Wallet.
If you intend to withdraw funds in Crypto Digital Wallet, you can either create a Digital Wallet on the Peopletail Website/App or you can add the crypto address of your existing Wallet. We currently only support ETH, and It shall be your responsibility to add the correct ETH Wallet address to receive funds. Peopletail shall not be responsible for the loss of funds in the event you have added the wrong address. Furthermore, you shall be responsible for managing the keys to your Crypto Digital Wallet. In the event you lose your keys, Peopletail shall not be able to retrieve keys for you and shall not be held liable for the loss of funds.
Your Crypto Digital Wallet security is managed by third-party company / organization, in the event, you suspect that your Crypto Digital Wallet or any of your security credentials have been compromised, or if you have become aware of any fraud or attempted fraud or any other security incident affecting you, your sole remedy shall be notified to the company / organization that is managing the security of your Wallet.
We may pay affiliates via a PayPal account, provided to us when a member joins. If the PayPal email changes, it is your responsibility to notify Us to ensure proper payments. We may not resend payments returned due to incorrect payment email addresses.
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.
Account Termination Policy
You agree that Peopletail may, in its sole discretion and without prior notice, terminate your access to the content or services, for cause, which includes, but is not limited to, requests by any government agencies or law enforcement, a request by you (self-initiated account deletions), material modification or discontinuance of the services, or unexpected technical issues or problems.
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.
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.
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.
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 defense and indemnification obligation will survive these Terms of Service and your use of the Service.
When you send an e-mail or chat electronically with Peopletail, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via email. You agree that all agreements, notices, disclosures, and other communications that Peopletail provides to you electronically satisfy legal requirements that such communications be in writing.
Entire Agreement / Severability
You may not assign these Terms of Service or any of the rights granted hereunder without the prior written consent of Peopletail, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either Peopletail or you to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Peopletail shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Reliance on Information Posted
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.
Governing Law And Arbitration
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.
Peopletail may decide to resolve the dispute via Arbitration and any such dispute relating to the application, interpretation, implementation or validity of this Agreement. The Parties agree to resolve the dispute by Arbitration at ADR Chambers using the ADR Chambers Expedited Arbitration Rules (https://adrchambers.com/expedited-arbitration/). The Parties agree that the ADR Chambers Expedited Arbitration Rules give the Parties a fair opportunity to present their case and respond to the case of the other side. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law.
Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
Communications with the Arbitrator
Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
Upon either party’s request, the arbitrator will issue an order requiring that confidential Information of either party disclosed during the Arbitration (whether in documents or orally) may not be used or disclosed except in connection with the Arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential Information must be done under seal.
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at email@example.com
Dated: January 20, 2023