People CD, Inc. is not responsible for any loss (ex: losing your game) while using Streamer Studio Alerts.
Anti-Spam Policy
This sets forth our policy with regard to the use of “Spam” marketing techniques in connection with Internet Marketing. In the event that we deem you to be in violation of these policies, we shall immediately revoke your membership rights and close any active account. We have a strict policy against spamming. We forbid the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of our programs, products and services. We reserve the right to terminate your account and participation in our programs “for cause” if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account and participation pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity. We consider spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission. We also consider spamming to constitute posting advertisements in newsgroups in violation of the terms of participation in such newsgroup, that are off topic, or in newsgroups that do not specifically permit advertisements. We also consider it spamming when advertisements are placed on message boards or in chat rooms when they are not permitted by the terms of participation in such message boards and chat rooms. If you are “spammed” by anyone regarding our products, services, website, or any other matters, please report this activity here. Last Modified: January 4, 2022Cookie Policy
People CD uses technologies on our website and mobile service (which we’ll call the People CD Service) to collect information that helps us improve your online experience. In this Cookie Policy, we refer to these technologies, which include cookies, pixels, web beacons, and gifs, collectively as “cookies.” This policy explains the different types of cookies used on the People CD Service and how you can control them. We may change this Cookie Policy at any time: please take a look at the “LAST REVISED” legend at the top of this page to see when this Cookie Policy was last revised. Any changes in this Cookie Policy will become effective when we make the revised Cookie Policy available on or through the People CD Service.
By using the People CD Service and viewing the cookie notice that appears on the People CD Service, you agree that we can store and access cookies as described in this policy.
We hope that this policy helps you understand, and feel more confident about, our use of cookies. If you have any further queries, please contact us.
1. WHAT IS A COOKIE?
Cookies are small text files that are stored on your computer or mobile device. They are widely used in order to make websites work, or work in a better, more efficient way. They can do this because websites can read and write these files, enabling them to recognize you and remember important information that will make your use of a website more convenient (e.g., by remembering your user preferences).
2. WHAT COOKIES DO WE USE?
Below we list the different types of cookies we may use on the People CD Service.
Essential Cookies
These cookies are essential to the operation of our website in order to enable you to move around it and to use its features. Without these cookies, services you have asked for, such as accessing secure areas of the website or paid for content, cannot be provided. These cookies are essential for using the website and therefore cannot be turned off without severely affecting your use of the website.
Essential cookies on the People CD Service may include:
Cookie Name Further information _peoplecd_session_id Used to help users navigate within the website and to allow them to travel back to previous pages. You can control these cookies via your browser setting but please note that the People CD Service may not function smoothly if you do.
Performance Cookies
Performance cookies, which often include analytics cookies, collect information about your use of this People CD Service and enable us to improve the way it works. For example, performance cookies show us which are the most frequently visited pages on the website, allow us to see the overall patterns of usage on the People CD Service, help us record any difficulties you have with the People CD Service and show us whether our advertising is effective or not.
Performance cookies on this People CD Service may include:
Cookie Name Further information Google Analytics tools.google.com/dlpage/gaoptout
Functionality Cookies
In some circumstances, we may use functionality cookies. Functionality cookies allow us to remember the choices you make on the People CD Service and to provide enhanced and more personalized features, such as customizing a certain webpage, remembering if we have asked you to participate in a promotion and for other services you request, like watching a video or commenting on a blog. All of these features help us to improve your visit to the People CD Service.
Targeting or Advertising Cookies
We and our service providers may use targeting or advertising cookies to deliver ads that we believe are more relevant to you and your interests. For example, we may use targeting or advertising cookies to limit the number of times you see the same ad on our People CD Service and to help measure the effectiveness of our advertising campaigns. These cookies remember what you have looked at on the People CD Service and we may share this information with other organizations, such as advertisers.
For more information about targeting and advertising cookies and how you can opt out, you can visit youronlinechoices.com/uk/your-ad-choices orallaboutcookies.org/manage-cookies/index.html
Targeting and advertising cookies on this People CD Service may include:
Cookie Name Further information DoubleClick google.com/settings/ads/onweb/
3. HOW DO THIRD PARTIES USE COOKIES ON THE SITE?
In some circumstances, we may work with third parties to provide services on the People CD Service. For example, third-party advertisers and other organizations may use their own cookies to collect information about your activities on the People CD Service and/or the advertisements you have clicked on. This information may be used by them to serve advertisements that they believe are most likely to be of interest to you based on content you have viewed. Third-party advertisers may also use this information to measure the effectiveness of their advertisements. We do not control these cookies and to disable or reject third-party cookies, please refer to the relevant third party’s website. You can also learn more about controlling cookies in section 4 below.
Third-party cookies on the People CD Service may include:
• Twitch Social Login: https://www.twitch.tv/p/en/legal/cookie-notice/
• Facebook Social Plugin facebook.com/help/?faq=149609355108389
4. HOW DO I CONTROL COOKIES?
You may refuse to accept cookies from the People CD Service at any time by activating the setting on your browser which allows you to refuse cookies. Further information about the procedure to follow in order to disable cookies can be found on your Internet browser provider’s website via your help screen. You may wish to refer to allaboutcookies.org/manage-cookies/index.html for information on commonly used browsers. Please be aware that if cookies are disabled, not all features of the People CD Service may operate as intended.
Last Modified: January 4, 2022
DMCA Copyright Policy
People CD Inc. (‘Company’) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (‘copyright.gov/legislation/dmca.pdf‘). The address of the Designated Agent to Receive Notification of Claimed Infringement (‘Designated Agent’) is listed at the end of this policy. Procedure for Reporting Copyright Infringement: If you believe that material or content residing on or accessible through Company’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
If we receive a takedown notice in accordance with the foregoing, we will remove the material cited in the notice and attempt to notify any user who uploaded the allegedly infringing material if we have their contact information. Any such user will have the opportunity to submit a “counter-notice” as set forth below. If we identify any user as a “repeat infringer,” we will remove material that user has uploaded and terminate any accounts that user has with us.
Procedure to Deliver Counter-Notice:
If any user believes any material removed is either not infringing or that such user has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the user;
- Identification of the material that has been removed and the location at which the material appeared before it was removed;
- A statement that the user has a good faith belief that the material was removed as a result of mistake or a misidentification of the material; and
The user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, Company will forward a copy of the counter-notice to the original complaining party informing that person that Company may restore the removed material following 10 days. The original complaining party will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Company does not receive any such notification within 10 days, we may restore the material, at our discretion. Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company via the contact us page: peoplecd.com/contact
Last Modified: January 4, 2022
General Data Protection Regulation
People CD, Inc. is strongly committed to protecting your privacy and complying with your choices. Both personal and non-personal information collected is safeguarded according to the highest privacy and data protection standards adopted worldwide. We have always had a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, we recognise our obligations in updating and expanding this program to meet the demands of the GDPR.
Our Commitment
• Your information will not be shared, rented or sold to any third party.
• We use state-of-the-art security measures to protect your information from unauthorized users.
• We give you the possibility to control the information that you shared with us (opt-out).
People CD, Inc. is committed to processing data in accordance with its responsibilities under the GDPR. Article 5 of the GDPR requires that personal data shall be:
a. Processed lawfully, fairly and in a transparent manner in relation to individuals;
b. Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
c. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d. Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
e. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
f. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”
1. Notice
We will clearly inform you when information that personally identifies you (‘personal information’) is asked for and you will have the choice to provide it or not. Generally, this information is requested when you ‘install/download/subscribe’ to product updates, newsletters or other online services.
2. Usage
We use your personal information for the following purposes:
• To provide you information that will allow you to use our services.
• To automatically customize your documents with your information.
• To alert you of software upgrades, updates, discounts or other services from People CD, Inc.
We collect your email when you register in order to send you informational communications about our updates, such as their purpose and the best use you can make of them. We also collect your email to send you our promotional offers.
We may also collect your name, language, currency, operating system, document searched and country information for a better experience with People CD, Inc. products/services.
When you place your order with us, we collect your email in order to send you a serial number. We also collect your phone number in order to contact you in case these emails bounce back because of a typo in your email address and if we cannot figure out what the correct email address is.
We also contact the phone number that is provided if we suspect that the cardholder’s credit card information has been compromised, i.e used in a fraudulent way.
We also use our clients’ email in order to notify of the release of updated versions of the software, new services or promotional offers.
3. Consent
When you provide your personal information, you consent that it can be used for the above purposes and that People CD, Inc. is an authorized holder of such information. If you choose not to register or provide personal information, you can still use our website but you will not be able to receive additional services or access certain areas that require registration. When you activate your account, you are providing your consent to occasionally receive information from us. In each communication from us you will have the opportunity to unsubscribe from further communications; alternatively, you may contact us to express your choices at the address provided at the bottom of this page.
4. Access to your information
You are entitled to review the personal information you have provided us and ensure that it is accurate and current at all times. To review or update this information simply enter in the admin area or request that we send you this information.
5. Security of information
People CD, Inc. is strongly committed to protecting your information and ensuring that your choices are honored. We have taken strong security measures to protect your data from loss, misuse, unauthorized access, disclosure, alteration, or destruction. All sensitive data is stored behind multiple firewalls on secure servers with restricted employee access.
We guarantee that all e-commerce transactions follow the latest security measures and use the best available technologies. Secure Sockets Layer (SSL) technology is employed when you place online orders or transmit sensitive information. SSL is one of the safest methods of passing information over the Internet.
6. Retention of information
We retain information as long as it is necessary to provide the services requested by you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the services or until you ask us to delete it or your account is deleted whichever comes first. Additionally, we may retain information from deleted accounts to comply with the law, prevent fraud, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Use, and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy. Finally, your data could also be stored for sales statistical purposes.
7. EU and EEA Users’ Rights
If you are habitually located in the European Union or European Economic Area, you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances. We describe these rights below:
You have the right to access your personal data and, if necessary, have it amended or deleted or restricted. In certain instances, you may have the right to the portability of your data. You can also ask us to not send marketing communications and not to use your personal data when we carry out profiling for direct marketing purposes. You can opt out of receiving email newsletters and other marketing communications by following the opt-out instructions provided to you in those emails. Transactional account messages will be unaffected if you opt-out from marketing communications.
8. What we do with the Information you share
Your information is never shared outside the company without your permission. Inside the company, data is stored behind multiple firewalls on secure servers with restricted user access.
When you register to our website, you are asked to provide your contact information, including a valid email address. We use this information to send you updates about People CD, Inc. order confirmations and information about our services. When you order from us, we ask for your credit card number and billing address. We use this information only to bill you for the product(s) you ordered at that time.
We may on occasion require the help of other companies to provide limited services on our behalf, such as packaging, shipping and delivery, customer support and processing event registrations. We will only provide such companies with the information required for them to perform these services; these service providers are bound by strict privacy policies and are prohibited from using your information for any other purpose.
In very rare instances People CD, Inc. may disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on People CD, Inc. or the site; (b) protect and defend the rights or property of People CD, Inc. and its family of websites and properties; and (c) act in urgent circumstances to protect the personal safety of users of People CD, Inc., its websites, or the public.
9. How to opt-out
We provide users with the opportunity to opt-out from receiving updates on our products, newsletters and other communications from us. You can opt-out by clicking on the link provided in our electronic mailings or by contacting us at the address at the bottom of this page.
10. Does People CD, Inc. privacy policy apply to linked websites?
Our Privacy Policy applies solely to information collected on our website or through our software and mobile applications.
The Site contains links to web sites of third parties. People CD, Inc. is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. People CD, Inc. adheres to industry recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering.
However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site.
People CD, Inc. uses third-party advertising companies to serve our ads on the Site. Please review our Cookie Policy for all details. These third-party advertising companies employ cookie and 1×1 pixel. gifs or web beacons to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visits to our website and other websites but will not collect any information which can personally identify you or can be linked to you. This information can include: date/time of banner ad shown, the banner ad that was shown, their cookie, and the IP address. This information can also be used for online preference marketing purposes.
If you want to prevent a third-party advertiser from collecting data, currently you may either visit each ad network’s web site individually and opt out or visit the NAI gateway opt-out site to opt-out of all network advertising cookies. Click here for the NAI gateway opt-out site.
This site will also allow you to review the third-party advertising companies’ privacy policies.
11. Changes to this policy
If we make changes to our Privacy Policy, we will post these changes here so that you are always aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. If at any point we decide to use your information in a manner different from that stated at the time it was collected, we will notify you by email.
12. Enforcement of policy
If for some reason you believe People CD, Inc. has not adhered to these principles, please notify us and we will do our best to promptly make corrections.
13. Questions or comments
If you have questions or comments about this privacy policy, please email us or write us at: People CD, Inc. 8022, S. Rainbow Blvd. Suite 345 Las Vegas, NV 89139 USA info@peoplecd.com
For information about how to contact People CD, Inc. please visit our contact page.
Last Modified: January 4, 2022
Legal Notice
© 2022 Copyright People CD Inc.. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of People CD Inc..
TERMS AND CONDITIONS OF USE
Welcome to Streamer Studio a property of People CD Inc. (peoplecd.com). Use of this site is governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. The information and materials provided by People CD Inc. may be used for informational purposes only. By using, accessing or downloading materials from this website you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to the People CD Inc. website, both now and in the future. People CD Inc. may at anytime revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of Use, please do not use this website.
RESTRICTIONS
You may view, download and copy information and materials available on this website solely for your personal, non-commercial use. You may also use such material within your organization in connection with the support of People CD Inc.’s products. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities.
OWNERSHIP OF INFORMATION AND MATERIALS
The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this website are the copyrighted works of People CD Inc., and any unauthorized use of that information or materials may violate copyright, trademark and other laws. Any rights not expressly granted herein are reserved.
TRADEMARK INFORMATION
People CD Inc.’s trademarks may be used only with written permission from People CD Inc.. People CD Inc., Streamer Studio, Streamer.Studio are registered trademarks or trademarks of People CD Inc.. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of People CD Inc. or any third party.
LINKS TO OTHER WEBSITES
As a convenience and to make the People CD Inc. website truly service oriented we have included links to complementary sites on the Internet. These sites are owned and operated by third parties. People CD Inc. makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from the People CD Inc. website is not an indication that People CD Inc. endorses the third party or its site, or has any affiliation with or between People CD Inc. and the third party hosting site.
FEEDBACK
All comments, feedback, information or materials submitted to People CD Inc. through or in association with this website shall be considered non-confidential and People CD Inc.’s property. By submitting such comments, information, feedback, or materials to People CD Inc., you agree to a no-charge assignment to People CD Inc. of worldwide rights to use, copy, modify, display and distribute the submissions. People CD Inc. may use such comments, information or materials in any way it chooses in an unrestricted basis.
DISCLAIMER
The People CD Inc. Internet team strives to provide you with useful, accurate, and timely information on this website. Accordingly, People CD Inc. has attempted to provide accurate information and materials on this website but assumes no responsibility for the accuracy and completeness of that information or materials. People CD Inc. may change the content of any information or materials available at this website, or to the products described in them, at any time without notice. However, People CD Inc. makes no commitment to update the information or materials on this website which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of People CD Inc.. Neither People CD Inc., nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on People CD Inc.’s website. People CD Inc. reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this website.
ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND PEOPLE CD INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL PEOPLE CD INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
TERMINATION OF USE
People CD Inc. may, in its sole discretion, terminate or suspend your access to all or part of the People CD Inc. website, including, but not limited to any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.
GOVERNING LAW; JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the Nevada of United States of America exclusive of its choice of law principles. The Nevada courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.
GENERAL PROVISIONS
If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and People CD Inc. concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties. If you have questions regarding People CD Inc.’s Terms and Conditions, please contact us via our support ticket system.
Last Modified: January 4, 2022
Privacy Policy
The Internet is an amazing tool. It has the power to change the way we live, and we’re starting to see that potential today. With only a few mouse-clicks, you can follow the news, look up facts, buy goods and services, and communicate with others from around the world. It’s important to People CD Inc. to help our customers retain their privacy when they take advantage of all the Internet has to offer.
We believe your business is no one else’s. Your privacy is important to you and to us. So we’ll protect the information you share with us. To protect your privacy, People CD Inc. follows different principles in accordance with worldwide practices for customer privacy and data protection.
We won’t sell or give away name, mail address, phone number, email address or any other information to anyone.
We’ll use state-of-the-art security measures to protect your information from unauthorized users.
NOTICE
We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you create a Registration ID on the site or when you download free software, enter a contest, order email newsletters or join a limited-access premium site. We use your Personal Information for four primary purposes:
• To make the site easier for you to use by not having to enter information more than once.
• To help you quickly find software, services or information.
• To help us create content most relevant to you.
• To alert you to product upgrades, special offers, updated information and other new services from People CD Inc..
CONSENT
If you choose not to register or provide personal information, you can still use most of People CD Service. But you will not be able to access areas that require registration.
If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding People CD Inc. products, programs, events, or services by email, postal mail, or telephone, you may select the option stating that you do not wish to receive marketing messages from People CD Inc..
People CD Inc. occasionally allows other companies to offer our registered customers information about their products and services, using postal mail only. If you do not want to receive these offers, you may select the option stating that you do not wish to receive marketing materials from third parties.
ACCESS
We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time at the Visitor Center. There, you can:
• View and edit personal information you have already given us.
• Tell us whether you want us to send you marketing information, or whether you want third parties to send you their offers by postal mail.
• Sign up for electronic newsletters about our services and products.
• Register. Once you register, you won’t need to do it again. Wherever you go on People CD Service, your information stays with you.
SECURITY
People CD Inc. has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
We guarantee your e-commerce transactions to be 100% safe and secure. When you place orders or access your personal account information, you’re utilizing secure server software SSL, which encrypts your personal information before it’s sent over the Internet. SSL is one of the safest encryption technologies available.
In addition, your transactions are guaranteed under the Fair Credit Billing Act. This Act states that your bank cannot hold you liable for more than $50.00 in fraudulent credit card charges. If your bank does hold you liable for $50.00 or less, we’ll cover your liability provided the unauthorized, fraudulent use of your credit card resulted through no fault of your own and from purchases made from us over our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
People CD Inc. strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in United States of America or any other country where People CD Inc., its subsidiaries, affiliates or agents are located.
You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.
NOTICE TO PARENTS
Parents or guardians: we want to help you guard your children’s privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using the Internet.
The People CD Inc. site does not publish content that is targeted to children. However, if you are concerned about your children providing People CD Inc. any personal information without your consent, People CD Inc. offers a Kids account. It allows parents to give parental consent for the collection, use and sharing of children’s (ages 12 and under) personal information online.
ENFORCEMENT
If for some reason you believe People CD Inc. has not adhered to these principles, please notify us by email, and we will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.
ELECTRONIC PRODUCT REGISTRATION
When you buy and install a new product, we may ask you to register your purchase electronically. When you do, we merge your registration information with any information you’ve already left with us (we call that information your personal profile). If you haven’t previously registered with us, we create a personal profile for you from your product registration information. If you ever want to review or update that information, you can visit the Profile Center, click on Update Profile, and edit any of the Personal Information in your profile. If you haven’t already created a Registration ID, we will ask you to do so. This ensures that only you can access your information.
CUSTOMER PROFILES
As mentioned above, every registered customer has a unique personal profile. Each profile is assigned a unique personal identification number, which helps us ensure that only you can access your profile.
When you register, we create your profile, assign a personal identification number, then send this personal identification number back to your hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It is your passport to seamless travel across People CD Service, allowing you to download free software, order free newsletters, and visit premium sites without having to fill out registration forms with information you’ve already provided. Even if you switch computers, you won’t have to re-register – just use your Registration ID to identify yourself.
WHAT WE DO WITH THE INFORMATION YOU SHARE
When you join us, you provide us with your contact information, including your name and email address. We use this information to send you updates about your order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer. When you order from us, we ask for your credit card number and billing address. We use this information only to bill you for the product(s) you order at that time. For your convenience, we do save billing information in case you want to order from us again, but we don’t use this information again without your permission.
We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
People CD Inc. will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on People CD Inc. or the site; (b) protect and defend the rights or property of People CD Inc. and its family of Websites, and, (c) act in urgent circumstances to protect the personal safety of users of People CD Inc., its Websites, or the public.
Last Modified: January 4, 2022
Online Sales Disclaimer
The following is the terms of the agreement between People CD Inc. (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Website (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:
1. INTRODUCTION
Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
2. SETUP AND PAYMENT
Buyer represents and warrants that ( i ) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer’s password.
3. COPYRIGHT
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
4. EDITING, DELETING, AND MODIFICATION
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
5. RIGHT TO REFUSE
Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
6. INDEMNIFICATION
Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.
7. NON-TRANSFERABLE
Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.
8. DISCLAIMER
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
9. REFUND POLICY
If a product purchased is defective or not to Buyer’s satisfaction, Buyer can return the product in its original condition within 30 days of receipt, to the following address: 8022 S. Rainbow Blvd. · Suite 345, Las Vegas, NV 89139, USA. In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred). This Section 9 sets forth Buyer’s sole and exclusive right to refund.
10. USE OF INFORMATION
Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
11. GOVERNING LAW
This Contract shall be treated as though it were executed and performed in Nevada in United States of America and shall be governed by and construed in accordance with the laws of Nevada in United States of America (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within 2 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
12. LITIGATION
All legal proceedings arising out of or in connection with this Contract shall be brought solely in Nevada in United States of America and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
13. ACKNOWLEDGMENT
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, please click the “I Agree” button below. If you do not agree to the terms of the Subscriber Agreement, please click the “I Don’t Agree” button to log off the system.
If you don’t click on “I Agree” then you will not be able to purchase any goods or services.
Last Modified: January 4, 2022
Software License Agreement
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6 AND 7; AND LIABILITY IN SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.
1. DEFINITIONS
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Licensor” means People CD Inc., with its main address located at 8022 S. Rainbow Blvd. Suite 345, Las Vegas, Nevada, 89139, United States.
“Software” means (a) all of the contents of the files, disk(s), memory card(s), memory stick(s) or other media with which this Agreement is provided, including but not limited to (i) People CD Inc. or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works (“Stock Files”); (iii) related explanatory written materials or files (“Documentation”); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by People CD Inc. (collectively, “Updates”).
“Use” or “Using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
“Licensee” means You or Your Company, unless otherwise indicated.
“Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by People CD Inc..
“Computer” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
2. SOFTWARE LICENSE
As long as you comply with the terms of this End User License Agreement (the “Agreement”), People CD Inc. grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in a “Read Me” file located near such materials.
2.1 General Use
You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers; or
2.2 Server Use
You may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number or you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software through commands, data or instructions (e.g. scripts) from an unlimited number of computers on your internal network. No other network use is permitted, including but not limited to, using the Software either directly or through commands, data or instructions from or to a computer not part of your internal network, for internet or web hosting services or by any user not licensed to use this copy of the Software through a valid license from People CD Inc.; and
2.3 Backup Copy
You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 6.
2.4 Home Use
You, as the primary user of the computer on which the Software is installed, may also install the Software on one of your home computers. However, the Software may not be used on your home computer at the same time the Software on the primary computer is being used.
2.5 Stock Files
Unless stated otherwise in the “Read-Me” files associated with the Stock Files, which may include specific rights and restrictions with respect to such materials, you may display, modify, reproduce and distribute any of the Stock Files included with the Software. However, you may not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. Stock Files may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise illegal manner. You may not claim any trademark rights in the Stock Files or derivative works thereof.
2.6 Limitations
To the extent that the Software includes People CD Inc. Streamer Studio software, (i) you may customize the installer for such software in accordance with the restrictions found at streamer.studio (e.g., installation of additional plug-in and help files); however, you may not otherwise alter or modify the installer program or create a new installer for any of such software, (ii) such software is licensed and distributed by People CD Inc., and (iii) you are not authorized to use any plug-in or enhancement that permits you to save modifications to a .EXE file with such software; however, such use is authorized with People CD Inc., People CD Inc. Streamer Studio, and other current and future People CD Inc. products. For information on how to distribute Streamer Studio please refer to the sections entitled “How to Distribute Streamer Studio” at streamer.studio.
3. INTELLECTUAL PROPERTY RIGHTS
The Software and any copies that you are authorized by People CD Inc. to make are the intellectual property of and are owned by People CD Inc. and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of People CD Inc. and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 (“Software License”).
Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested People CD Inc. to provide the information necessary to achieve such operability and People CD Inc. has not made such information available.
People CD Inc. has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by People CD Inc. or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the People CD Inc. Customer Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners’ names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
4. TRANSFER
You may not, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another users computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer each this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUAL MEDIA SOFTWARE / MULTIPLE COPIES/ BUNDLES / UPDATES
If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total number of your computers on which all versions of the Software are installed may not exceed the Permitted Number. You may not, rent, lease, sublicense, lend or transfer any versions or copies of such Software you do not Use. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your computer after you receive the Update to assist you in the transition to the Update, provided that: the Update and the previous version are installed on the same computer; the previous version or copies thereof are not transferred to another party or computer unless all copies of the Update are also transferred to such party or computer; and you acknowledge that any obligation People CD Inc. may have to support the previous version of the Software may be ended upon availability of the Update.
6. NO WARRANTY
The Software is being delivered to you “AS IS” and People CD Inc. makes no warranty as to its use or performance. People CD Inc. AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, People CD Inc. AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. PRE-RELEASE PRODUCT ADDITIONAL TERMS
If the product you have received with this license is pre-commercial release or beta Software (“Pre-release Software”), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from People CD Inc., and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you “AS-IS”, and People CD Inc. disclaims any warranty or liability obligations to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, People CD Inc.’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that People CD Inc. has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that People CD Inc. has no express or implied obligation to you to announce or introduce the Pre-release Software and that People CD Inc. may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by People CD Inc. , you will provide feedback to People CD Inc. regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, such as the People CD Inc. Serial Agreement for Unreleased Products, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by People CD Inc. of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from People CD Inc. and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America or Canada, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for People CD Inc.’s first commercial shipment of the publicly released (commercial) Software.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL People CD Inc. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN People CD Inc. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. People CD Inc.’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits People CD Inc.’s liability to you in the event of death or personal injury resulting from People CD Inc.’s negligence or for the tort of deceit (fraud). People CD Inc. is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact People CD Inc.’s Customer Support Department.
9. EXPORT RULES (OPTIONAL – FOR AMERICAN COMPANIES)
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
10. GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of Nevada in United States of America.
11. GENERAL PROVISIONS
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of People CD Inc.. Updates may be licensed to you by People CD Inc. with additional or different terms. This is the entire agreement between People CD Inc. and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
12. NOTICE TO U.S. GOVERNMENT END USERS
The Software and Documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. For U.S. Government End Users, People CD Inc. agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.
13. COMPLIANCE WITH LICENSES
If you are a business or organization, you agree that upon request from People CD Inc. or People CD Inc. ‘s authorized representative, you will within thirty (30) days fully document and certify that use of any and all People CD Inc. Software at the time of the request is in conformity with your valid licenses from People CD Inc..
If you have any questions regarding this Agreement or if you wish to request any information from People CD Inc. please use the address and contact information included with this product to contact the People CD Inc. office serving your jurisdiction.
People CD Inc., Streamer Studio and Streamer.Studio are either registered trademarks or trademarks of People CD Inc. in the United States and/or other countries.
Last Modified: January 4, 2022
Welcome to Streamer Studio NFT is a collection of 1200 characters created as NFT art by People CD, Inc. (“People CD,” “we,” “our” or “us”). We expect that the Streamer Studio NFTs will bring fun and enjoyment to everyone who see them! Thank you so much for visiting our Site and if you have any questions feel free to reach out to us on one of our social media accounts, including our pages on Discord® and Twitter® (collectively, “Social Media Pages”).
Discord® is a registered trademark of Discord Inc. (“Discord”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that People CD is not in any way affiliated with Discord or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the aforementioned entities.
2. Legal Background
Streamer Studio website located at streamer.studio (the “Site”) is owned and operated by People CD. The following Streamer Studio Terms of Service are inclusive of the Streamer Studio Privacy Policy, and any and all other applicable operating rules, policies, schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).
Each end-user (“User,” “you” or “your”) agrees to the terms and conditions of the Agreement in their entirety, when she/he/it: (a) accesses or uses the Site; (b) accesses and/or views any of the videos, audio, stories, testimonials, text, photographs, graphics, artwork, information and/or other content featured on the Site, as made available by People CD (collectively, the “Content”); (c) accesses links to People CD’ Social Media Pages; (d) purchases one of the unique non-fungible token (“NFT”) images featured on the Site, including those created by People CD (collectively, “Streamer Studio NFT”); and/or (e) utilizes the contact form and/or other functionality as a means to request to be contacted by People CD (collectively, “Contact Services,” and together with the Site, Content, Social Media Pages and Streamer Studio NFTs, the “Site Offerings”).
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS, DOWNLOAD, PURCHASE AND/OR USE, AS APPLICABLE, THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST PEOPLE CD, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY SERVICE PROVIDERS, MARKETING PARTNERS AND CO-FOUNDER (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
3. What We Own
The names, logos and other Intellectual Property associated with the Streamer Studio, the Site Offerings, including the Streamer Studio NFTs, are owned by People CD, as applicable. All rights that are not specifically granted to Users, including owners of Streamer Studio NFTs, are reserved by People CD, as applicable. This includes, but is not limited to, the intellectual property rights surrounding the images, names, logos, 3D layer files, trademarks, the Site, the ability to mint 3D or voxel or other versions of Streamer Studio NFTs, the look and feel of the user interface, the smart contract code, or anything else not specifically granted by any of the following licenses.
4. What You Own and What You Can Do With It
By connecting your Ethereum “Wallet” and purchasing a Streamer Studio NFT, via our smart contract, you have obtained your own Streamer Studio NFT! You can show it off, use it as your pfp, sell it, and even merchandise it.
5. Specifics on Commercial and Derivative Rights
We appreciate your desire to utilize Streamer Studio NFTs in various commercial ways, and we are open to you doing just that! When it comes to limiting commercial rights, however, we want you as an NFT holder to realize that you may use the Streamer Studio NFT image in its fullness only! The individual layered files and traits are proprietary and are our own creation. You are not permitted to create derivative works, or new works, utilizing any individual layered files and traits that are separated from the Streamer Studio NFT image as a whole; provided, that derivative works featuring the Artist NFT image in full shall be permitted subject to certain restrictions. You are not permitted, under any circumstances, to mint new NFTs that are derivatives of our Streamer Studio NFTs, change the originalStreamer Studio NFT, or mint another NFT using our Streamer Studio NFT in any way.
Other than that, you can create whatever merchandise you would like, and sell same. In addition to the foregoing limitations, Users may not engage in any commercial use of any Streamer Studio NFT in connection with any material, venture, product and/or service which is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, objectionable, unreasonable or that infringes upon any intellectual property rights, proprietary rights or confidentiality obligations. Each User shall indemnify and defend People CD from and against any and all claims, damages, proceedings, loss or costs arising from any such prohibited use. User shall not use the Streamer Studio in any way that could be construed as being adverse, negative or derogatory to the image and/or reputation of Streamer Studio and People CD.
6. No Guarantees or Future Promises
When you purchase a Streamer Studio NFT, you agree that your purchase from that launch of NFTs is all you are guaranteed to receive in exchange for your funds. Whether through primary or secondary channels, the art is what you receive. Any future benefits are ancillary to this purchase and not to be taken into consideration with your initial purchase. You agree that you are not relying on any future commitments by People CD in connection with making a purchase.
7. Streamer Studio NFTs Are Not Intended as Investments
Streamer Studio NFTS are meant to be fun NFTs for you to collect. They are not meant as investment vehicles. We make absolutely no promise or guarantee that the Streamer Studio NFTs will be worth anything more than what you and the market deem the art to be worth. This could very well be zero monetary value. You understand and agree that the Streamer Studio NFTs have no inherent monetary value, and they should be treated as nothing more than a collectible with potential future value or lack thereof.
No element of the Site, Site agreements, Site offerings and/or Streamer Studio NFTs qualifies as, or is intended to be, an offering of securities in any jurisdiction, nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. NFTs, cryptocurrencies and blockchain technology are relatively new technologies and the regulatory landscape is unsettled. New regulations applicable to these technologies could negatively impact the value of your Streamer Studio NFTs. You are solely responsible for ensuring that the purchase of Streamer Studio NFTs complies with the laws and regulations of your jurisdiction.
8. Payment Terms; Taxes
(a) Where a User wishes to obtain a Streamer Studio NFT, and upon such User connecting her/his/its Wallet to the designated area of the Site, that User’s Wallet will be charged the applicable purchase fee (the “Fees”) for the applicable Streamer Studio NFT. ALL FEES ARE FINAL PAYMENTS AND NON-REFUNDABLE.
(b) Users are entirely responsible for the safety and management of their own private Ethereum Wallets and validating all transactions and contracts generated by and through the Site before approval of same. Subject to the conditions set forth herein, you agree to be bound by the billing provisions of People CD (“Billing Provisions”) in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), People CD reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Subsequent payment of Fees after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any Fees incurred prior to the applicable amendment or modification. People CD’ authorization to bill for purchases may be obtained by way of your electronic signature. Once an electronic signature is submitted, the electronic order constitutes an electronic letter of agency. People CD’ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
You are entirely responsible for any tax liability which may arise from minting or reselling your Streamer Studio.
9. Registration Requirements and Necessary Equipment
The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law and are acting either in their individual capacity, or in their capacity as duly authorized representatives of a valid business entity (“Entity”). If a User is under eighteen (18) years of age (or the applicable age of majority in her/his respective jurisdiction, if greater than eighteen (18) years of age), if that User is unable to enter into legally binding contracts under applicable law, and/or if that User is attempting to represent an Entity but is not in acting in her/his capacity as a duly authorized representative of that Entity, that User does not have permission to access or use the Site Offerings.
Users shall be responsible, at all times, for ensuring that they have an Internet connection, computer/mobile device, up-to-date Internet browser version, a functioning Wallet capable of accessing the Streamer Studio NFT, any cryptocurrencies necessary to purchase and/or sell the Streamer Studio NFTs including, where applicable, Ethereum (“ETH”), a functioning an e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. People CD does not guarantee the quality, speed or availability of the Internet connection associated with any mobile device and/or computer. People CD does not guarantee that the Site Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; and/or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to use of the Site Offerings through a wireless device. Users are fully responsible for all such charges and People CD has no liability or responsibility to any User, whatsoever, for any such charges billed by any wireless carrier.
10. Indemnification
Each User and the Entity that she/he represents (if applicable) agrees to indemnify, defend and hold the Covered Parties harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to: (a) that User’s/Entity’s improper and/or unauthorized use of the Site Offerings; (b) that User’s/Entity’s violation of any law and/or breach of the Agreement in any manner whatsoever; and/or (c) that User’s/Entity’s violation of any rights of another individual and/or entity. The provisions of this Section 10 are for the benefit of the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
11. Disclaimer of Warranties
THE SITE OFFERINGS, STREAMER STUDIO NFTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PEOPLE CD MAKES NO WARRANTY THAT THE SITE OFFERINGS, STREAMER STUDIO NFTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, AS WELL AS BLOCKCHAIN TECHNOLOGY: (A) WILL MEET ANY USER’S/ENTITY’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC INVESTMENT INCOME, REVENUE OR OTHER FINANCIAL OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS, STREAMER STUDIO NFTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PEOPLE CD WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS, NFT MARKETPLACES AND/OR BLOCKCHAIN TECHNOLOGY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM PEOPLE CD OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Please be aware that the prices of NFTs are extremely volatile and price fluctuations in ETH could impact the price of your Streamer Studio NFTs both positively and negatively. Given the volatility, Streamer Studio NFTs should not be considered an investment. You assume all risks in connection therewith. No information and/or Content made available by and through the Site Offerings is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, no element of the Site Offerings qualifies or is intended to be an offering of securities in any jurisdiction, nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. It remains your sole and exclusive responsibility to assure that the purchase and sale of the of the Streamer Studio, and the use of cryptocurrencies, complies the with laws and regulations in your jurisdiction.
You assume all risks associated with using an Internet-based cryptocurrency including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet. NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your Streamer Studio NFT. You understand and accept all risk in that regard. Without limiting the foregoing, you assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.
12. Limitation of Liability
EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT NEITHER PEOPLE CD NOR THE CO-FOUNDER SHALL BE LIABLE TO THAT USER, THE ENTITY THAT SUCH USER REPRESENTS (IF ANY) OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PEOPLE CD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, ENTITIES AND/OR THIRD-PARTIES; (D) ANY MATTER RELATED TO THE ETHEREUM PLATFORM OR CRYPTOCURRENCY, BLOCKCHAIN TECHNOLOGY AND/OR ANY USER’S WALLET; (E) THE FAILURE TO REALIZE ANY SPECIFIC INVESTMENT OUTCOME, REVENUE OR OTHER FINANCIAL OUTCOME; AND/OR (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS, STREAMER STUDIO NFTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER, ON HER/HIS BEHALF AND ON BEHALF OF THE ENTITY THAT SHE/HE REPRESENTS (IF ANY), HEREBY RELEASES PEOPLE CD AND CO-FOUNDER FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF PEOPLE CD AND CO-FOUNDER TO ANY USER AND/OR ENTITY UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIFTY DOLLARS ($50.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS, STREAMER STUDIO NFTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER, ENTITY OR PEOPLE CD MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER, ENTITY AND PEOPLE CD. ACCESS TO THE SITE OFFERINGS, INCLUDING THE STREAMER STUDIO, WOULD NOT BE PROVIDED TO ANY USERS AND/OR ENTITIES WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF PEOPLE CD AND CO-FOUNDER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Dispute Resolution Provisions
The Agreement shall be treated as though it were executed and performed in Las Vegas, NV and shall be governed by and construed in accordance with the laws of the State of Nevada (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Site Offerings and/or the Agreement. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in Las Vegas, NV, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys’ fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
Last Modified: April 18, 2022
Terms of Use
1. ACCEPTANCE OF TERMS
The services that People CD Inc. provides to User is subject to the following Terms of Use (“TOU”). People CD Inc. reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.
A. This Agreement, which incorporates by reference other provisions applicable to use of People CD, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in People CD, sets forth the terms and conditions that apply to use of People CD by User. By using People CD Inc. (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use People CD is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
B. People CD Inc. shall have the right at any time to change or discontinue any aspect or feature of People CD, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
People CD Inc. shall have the right at any time to change or modify the terms and conditions applicable to User’s use of People CD, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on People CD, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of People CD by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, People CD Inc. provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of People CD and all charges related thereto.
5. USER CONDUCT
A. User shall use People CD for lawful purposes only. User shall not post or transmit through People CD any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without People CD Inc.’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in People CD Inc.’s discretion restricts or inhibits any other User from using or enjoying People CD will not be permitted. User shall not use People CD to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with People CD Inc..
B. People CD contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of People CD are copyrighted as a collective work under the United States of America copyright laws. People CD Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of People CD Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on People CD any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of People CD, User automatically grants, or warrants that the owner of such material has expressly granted People CD Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants People CD Inc. the right to edit, copy, publish and distribute any material made available on People CD by User.
D. The foregoing provisions of Section 5 are for the benefit of People CD Inc., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
People CD Inc. has no obligation to monitor the Communication Services. However, People CD Inc. reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. People CD Inc. reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. People CD Inc. reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in People CD Inc.’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. People CD Inc. does not control or endorse the content, messages or information found in any Communication Services and, therefore, People CD Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized People CD Inc. spokespersons, and their views do not necessarily reflect those of People CD Inc..
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing People CD Inc. with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify People CD Inc. immediately of any unauthorized use of User’s account or any other breach of security. People CD Inc. will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by People CD Inc. or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Services (“Software”) is the copyrighted work of People CD Inc. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, PEOPLE CD INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, PEOPLE CD INC. MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PEOPLE CD INC. DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
PEOPLE CD INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PEOPLE CD INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PEOPLE CD INC. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PEOPLE CD INC. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL PEOPLE CD INC. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO PEOPLE CD INC. OR POSTED AT ANY OF ITS WEBSITES
People CD Inc. does not claim ownership of the materials User provide to People CD Inc. (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting People CD Inc., its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all People CD Inc. Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. People CD Inc. is under no obligation to post or use any Submission User may provide and People CD Inc. may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF PEOPLE CD IS AT USER’S SOLE RISK. NEITHER PEOPLE CD INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PEOPLE CD WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PEOPLE CD, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PEOPLE CD.
B. PEOPLE CD IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT PEOPLE CD INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL PEOPLE CD INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PEOPLE CD OR THE PEOPLE CD INC. SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PEOPLE CD. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PEOPLE CD INC., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN PEOPLE CD, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. PEOPLE CD INC., ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, PEOPLE CD INC., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE PEOPLE CD INC.’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF PEOPLE CD INC. AND PEOPLE CD INC. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. PEOPLE CD INC. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. PEOPLE CD INC. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PEOPLE CD INC. OF THE SITE.
People CD Inc. is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, People CD Inc. has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of People CD, are those of the respective author(s) or distributor(s) and not of People CD Inc.. Neither People CD Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through People CD represents the opinions and judgments of the respective information provider, User, or other user not under contract with People CD Inc.. People CD Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on People CD by anyone other than authorized People CD Inc. employee spokespersons while acting in their official capacities. Under no circumstances will People CD Inc. be liable for any loss or damage caused by a User’s reliance on information obtained through People CD. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through People CD Inc.. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
PEOPLE CD INC. OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN PEOPLE CD INC.’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO PEOPLE CD INC.. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO PEOPLE CD INC. OR ANYONE AT PEOPLE CD INC.. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT PEOPLE CD INC. MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
15. MONITORING
People CD Inc. shall have the right, but not the obligation, to monitor the content of People CD, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by People CD Inc. and to satisfy any law, regulation or authorized government request. People CD Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on People CD. Without limiting the foregoing, People CD Inc. shall have the right to remove any material that People CD Inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
16. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless People CD Inc., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of People CD Inc. by User or User’s Account.
17. TERMINATION
Either People CD Inc. or User may terminate this Agreement at any time. Without limiting the foregoing, People CD Inc. shall have the right to immediately terminate User’s Account in the event of any conduct by User which People CD Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
18. MISCELLANEOUS
This Agreement and any operating rules for People CD established by People CD Inc. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Nevada in the United States of America, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
19. COPYRIGHT NOTICE
People CD Inc. its logos are trademarks of People CD Inc. All rights reserved. All other trademarks appearing on People CD Inc. are the property of their respective owners.
20. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Last Modified: January 4, 2022
Virus Notice
This website serves as a conduit for information. Certain documents and programs may be downloaded through this site. THE OWNERS AND OPERATORS OF THIS SITE ARE NOT RESPONSIBLE FOR ANY COMPUTER VIRUSES WHICH MAY BE PRESENT IN ANY OF THE ITEMS THAT YOU OBTAIN FROM OR THROUGH THIS SITE.
USERS ARE COMPLETELY RESPONSIBLE FOR PERFORMING ANTI-VIRUS SCREENING AND VERIFICATION OF ALL FILES OBTAINED ON OR THROUGH THIS SITE. CURRENTLY UPDATED ANTI-VIRUS SCREENING SOFTWARE IS HIGHLY RECOMMENDED.
The owners of this site will not intentionally or willfully transmit files that they know to contain viruses. However, portions of this site serve as a bulletin board repository of files that are uploaded by users. WE DO NOT TAKE STEPS TO CHECK ANY SUCH FILES FOR VIRUSES. YOU ASSUME COMPLETE RESPONSIBILITY TO DO SO.
As a user of this site, you agree to immediately notify us of any files that you download that you believe contain viruses.
As a condition to any license contained for items obtained by or through this site, you will agree to perform virus screening on all such files prior to using the same.
THERE ARE NO WARRANTIES OF ANY KIND MADE WITH RESPECT TO FILES DOWNLOADED FROM OR THROUGH THIS SITE. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
Furthermore, the owners and operators of this site shall not be responsible for any incidental, consequential or special damages, whether foreseen or foreseeable, or whether they have been informed of the possibility thereof and take no actions to prevent the same.
A “virus” is a computer program or a code or portion of a computer program, which is intentionally created and programmed to cause damage to, corrupt, hinder, crash, tie up, or otherwise create negative effects on the user’s computer system. As you know, viruses do occur and are somewhat prevalent. As such, you, the user must take affirmative steps to assure that you and your computer system are appropriately protected against viruses.
Last Modified: January 4, 2022