People Passionate

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Terms of Use

Welcome! You may use the website, services, content, technologies and applications of People Passionate.com (“People Passionate”) only on the condition that you abide by the following terms and applicable laws. BY USING People Passionate YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS (“Terms of Agreement”).

About People Passionate

People Passionate is a website owned by Kevin Kleitches and administered with the assistance of others (“We”, “Us” or “People Passionate”). People Passionate gives users the ability to consume wellness content, post comments and other user generated content subject to these Terms of Agreement. We may, in our sole discretion, change or discontinue any or all aspects of People Passionate at any time, without notice, and without liability to you.

About The Terms of Agreement

The Terms of Agreement have the same effect as an agreement in writing and govern your use of People Passionate. If you do not agree to the Terms of Agreement, please do not use People Passionate. We may modify the Terms of Agreement at any time. If you do not agree to the changes, you may discontinue using People Passionate before the changes take effect. Your continued use of People Passionate after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into People Passionate, you reaffirm your acceptance of the Terms of Agreement. You are responsible for regularly reviewing the Terms of Agreement. The Terms of Agreement are supplemented by additional terms and conditions applicable to privacy, and may be supplemented by additional terms and conditions applicable to specific areas of People Passionate, or to particular content or transactions are posted in particular areas of People Passionate and, together with these Terms of Agreement, govern your use of those areas, content, or transactions.

Terms and Conditions

  1. We May Discontinue or Suspend Our Site or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, People Passionate (or any part thereof) with or without notice. You agree that We shall not be liable to you or any third party for any such modification, suspension or discontinuance of People Passionate. In addition, we reserve the right to terminate your access to People Passionate for any reason, and to take any other actions that We, in our sole discretion, believes to be in the interest of our company and of our users as a whole.

2. Guest Posts and/or User-Generated Content.

(a) Prohibited Actions. You are solely responsible for your communications on and your use of the Services. You agree not to do any of the following: (A) post or transmit any libelous, defamatory, indecent, obscene, fraudulent, deceptive, abusive or pornographic message, data, image, content or program; (B) post or transmit any message, data, image, content or program that would violate any property rights of others; (C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (D) upload or download files that contain software, marks, logos, data, images, content or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material or have received all necessary consents; (E) upload files that contain a virus or corrupted data; (F) falsify the source or origin of software or other material contained in a file that you upload to the Services; (G) falsely purport to be an employee or agent of People Passionate; (H) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or (I) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.

(b) People Passionate’s Exclusive Right to Manage the Guest Posts and/or User Submissions. You acknowledge that any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to the Services, including but not limited to comments, forum messages, reviews, text, video, audio, photographs, computer code and applications (each, a “Guest Post or User Submission”) may be edited, removed, deleted, modified, published, transmitted, and displayed by People Passionate in its sole discretion and without your permission, and you waive any rights you may have (including any moral rights) in preventing the material from being altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any Guest Posts and/or User Submissions from the Services at any time, for any reason or for no reason at all. People Passionate reserves the right to treat Guest Posts and/or User Submissions as content stored at the direction of users for which People Passionate will not exercise control except to block or remove content that comes to People Passionate’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to People Passionate, or to enforce the rights of third parties or the content restrictions set forth below in this Agreement when notice of their violation comes to People Passionate’s attention. However, People Passionate shall not be responsible for controlling or editing any Content, and People Passionate has no contractual obligation to remove inappropriate or unlawful Content. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Content.

(c) License to People Passionate of Your Guest Posts and/or User Submissions. You hereby grant to People Passionate, and you agree to grant to People Passionate, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide and cost-free license to use, copy, record, disclose, sell, re-sell, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform, display or otherwise exploit in any manner whatsoever, all or any portion of your Guest Posts and/or User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses, and to advertise, market and promote the same. In order to further effect the rights and license that you grant to People Passionate to your Guest Posts and/or User Submissions, you also hereby grant to People Passionate, and agree to grant to People Passionate, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, image, photograph, and likeness that you provide in connection with any Guest Post and/or User Submission, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Guest Posts and/or User Submissions, even if your Guest Posts and/or User Submissions are altered or changed in a manner not agreeable to you. You agree that you shall have no recourse against People Passionate for any alleged or actual infringement or misappropriation of any proprietary right in your Guest Posts and/or User Submissions. You further acknowledge and agree that no compensation will be paid with respect to the use of your Guest Posts and/or User Submissions or any of the rights granted in this Section 2.3.

(d) Representations and Warranties Related to Your Guest Posts and/or User Submissions. Each time you submit a Guest Post and/or User Submission, you represent and warrant that, as to that Guest Post and/or User Submission, (A) you are the sole author and owner of the intellectual property and other rights to the Guest Post and/or User Submission, or you have a lawful right to submit the Guest Post and/or User Submission and grant People Passionate the rights to it that you are granting by this Agreement, all without any People Passionate obligation to obtain consent of any third party and without creating any obligation or liability of People Passionate; (B) the Guest Post and/or User Submission is accurate; (C) the Guest Post and/or User Submission does not and, as to People Passionate’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; (D) the Guest Post and/or User Submission will not violate this Agreement, or cause injury or harm to any person; and (E) the Guest Post and/or User Submission complies with all applicable laws and regulations.

(e) Responsibility of Users. You are entirely responsible for the content of, and any harm resulting from, your Guest Posts and/or User Submissions. People Passionate does not assume any responsibility or liability for any Guest Posts and/or User Submissions posted on the Services or any website linked to the Services and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Guest Posts and/or User Submissions.

(f) Non-Confidentiality of Your Guest Posts and/or User Submissions. The Services are available to the public, and your Guest Posts and/or User Submissions, along with information concerning your identity that you provide to People Passionate (including your name, image, employer and location), may be publicly available. Do not post information you consider confidential to the Services. In addition, you agree that People Passionate may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action or a legal request arising from any Guest Post and/or User Submission made by you.

(g)  Unsolicited Email, Spamming and/or Spoofing. You may not use the Services to transmit unsolicited email. You may not send unsolicited email to the Services or to anyone whose email address includes a domain name used on the Services. You may not use any domain name on our Services as a pseudonymous return email address for any communications, which you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using the Services.

 

  1. You Have Rights if You Believe Your Copyright is Being Infringed: If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please contact us at kevin@peoplepassionate.com
  2. Your Use of Our Content is Restricted:

(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of People Passionate or any content thereon, except as permitted under the last sentence of this Section 4(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on People Passionate; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use”.

(b) We are concerned about the integrity of People Passionate when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of People Passionate. Neither you nor any third party shall make use of the contents of People Passionate in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by Us.

  1. We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of People Passionate. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through People Passionate, People Passionate is not undertaking any obligation or liability relating to the content. People Passionate and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor People Passionate for inappropriate or unlawful content. People Passionate and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, People Passionate reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
  2. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms of Agreement or Any Breach by You of Your Representations and Warranties: You agree to indemnify and hold harmless People Passionate and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Agreement or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.
  3. We are Not Responsible for Linked Sites: We are not responsible for the availability or content of other services that may be linked to from People Passionate. Because We have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
  4. We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
  5. Our Liability to You is Limited: People Passionate and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to People Passionate, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in People Passionate (including, without limitation, as a result of breach of any warranty or other term of these Terms of Agreement). Any claim against us shall be limited to the amount you paid, if any. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
  6. You Will Transact with Us Electronically. You agree to transact with us electronically. This means that if you wish to transact or communicate with Us, you agree to do so by electronic means. You authorize us to send you important notices about People Passionate and any pending transactions to an email address you provide to us. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use People Passionate.
  7. You Need to Bring any Action Against Us Within One Year. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to People Passionate, your use of People Passionate, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  8. You Must Abide by Applicable International Laws. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
  9. Construction. If any portion of this Agreement is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE Terms of Agreement . The caption to each Section of these Terms of Agreement are for convenience of reference only and shall be ignored in the construction or interpretation hereof.

Last Updated: February 22, 2015