PeopleGrade Terms of Service Agreement:


Thanks for visiting PeopleGrade.com, a social networking and entertainment web site that permits individuals to create online profiles, upload images, and communicate with other members. PeopleGrade.com is owned and operated by People Grade, LLC. By using the PeopleGrade.com Website (the "Website") you agree to be bound by these Terms of Service (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the PeopleGrade.com services (the "Service"), read this Agreement and indicate your acceptance by following the instructions on the SIGNUP PAGE.

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. PeopleGrade.com may modify this Agreement from time to time and such modification shall be effective upon posting by PeopleGrade.com on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes PeopleGrade.com's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and PeopleGrade.com's PRIVACY POLICY.

Please take great care in the information that you post on PeopleGrade.com. You are prohibited from posting the following information, in either a direct or implied form, even if this information is not about you: telephone numbers, last names, street addresses (this includes maps or pictures of specific street addresses). Additionally, images that you post on your profile or in other areas of the web site may not contain offensive or obscene material. You should understand that because of the nature of PeopleGrade.com, any material should not be assumed to a representation of fact or truth. It is possible, while viewing PeopleGrade, to be exposed to images and text that are potentially offensive, PeopleGrade.com assumes no responsibility or liability for this material or for any material posted by site members or members of the general public.

PeopleGrade.com reserves the right, at its sole discretion, to reject, refuse to post or remove any posting (including internal site email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without and liability to PeopleGrade.com whatsoever.

1. Eligibility. Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 16 years of age or older and that your use of the PeopleGrade.com shall not violate any applicable law or regulation. For those who are younger than 18: if it is discovered that you are misrepresenting your age, your profile will be deleted without warning or prior notice. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.

2. Term/Fees. This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the HELP or FAQ page. PeopleGrade.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to PeopleGrade.com. If PeopleGrade.com terminates your Membership in the Service because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Even after membership is terminated, this Agreement will remain in effect. PeopleGrade.com's Terms of Service and/or subscription fees that were provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that PeopleGrade.com reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.

3. Non Commercial Use by Members. The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of PeopleGrade.com. Passwords, user names, photos, links, and Web site content are not to be transferred or copied from the Web site for use with any other product or service. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. Proprietary Rights in Content on PeopleGrade.com. PeopleGrade.com owns and retains all proprietary rights in the Web site and the Service. The Web site contains copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of PeopleGrade.com, and its licensors. Except for that information which is in the public domain or for which you have been given prior written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted on the Site.
  a. You understand and agree that PeopleGrade.com may review and delete any content, messages, PeopleGrade.com Email messages, photos or profiles (collectively, "Content") that in the sole judgment of PeopleGrade.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
  b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.
  c. By posting or uploading Content on any public area of PeopleGrade.com, you automatically grant as well as represent and warrant that you have the right to grant to PeopleGrade.com, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content to PeopleGrade.com and that PeopleGrade.com has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
  d. The following is a partial list of the type of Content that is prohibited on the Website. PeopleGrade.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership, without refund, of such violators. Prohibited Content includes Content that:
    i. Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    ii. Harasses or advocates harassment of another person;
    iii. Involves the transmission of "junk mail", "chain letters," "spam" or unsolicited mass email of any kind;
    iv. Transmits information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    v. Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    vi. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    vii. Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
    viii. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    ix. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
    x. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
  e. You must use the Service in a manner consistent with any and all applicable laws and regulations in the area from which you are accessing the Service.
  f. You may not include in your Member profile any telephone numbers, street addresses, last names, email addresses.
  g. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although PeopleGrade.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, PeopleGrade.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which PeopleGrade.com deems appropriate in its sole discretion.
  h. You may not attempt to impersonate another user or person who is not a member of PeopleGrade.com

6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of PeopleGrade.com to terminate membership privileges and the site access of any member who infringes upon the copyrighted material of others. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. PeopleGrade.com's Copyright Agent for notice of claims of copyright infringement can be reached at: Copyright Agent for PeopleGrade, LLC, Jason Marsh, Esq. 55 Walls Drive, Fairfield, CT 06824.

7. Member Disputes. You are solely responsible for your interactions with other PeopleGrade.com Members. PeopleGrade, LLC. reserves the right, but has no obligation, to monitor disputes between you and other Members.

8. Your Privacy. The use of the Website and/or this Service is additionally governed by our Privacy Policy.

9. Disclaimers. PeopleGrade.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. PeopleGrade.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. PeopleGrade.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. PeopleGrade.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall PeopleGrade.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and PeopleGrade.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PeopleGrade.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from PeopleGrade.com or through or from the Service shall create any warranty not expressly stated herein.

10. Limitation on Liability. IN NO EVENT SHALL PEOPLEGRADE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF PEOPLEGRADE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PEOPLEGRADE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO PEOPLEGRADE.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

11. Downloading of PeopleGrade Software & U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from this Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12. Jurisdiction of Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that said dispute shall be governed by the laws of the State of Connecticut without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Connecticut.

13. Indemnity. You agree to indemnify and hold PeopleGrade.com and PeopleGrade, LLC., its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

14. No Agency Relationship. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between PeopleGrade.com and any User of the Service.

15. Other. You accept this entire agreement upon your use of the Website and further affirm your acceptance by becoming a Member of the Service. This Agreement constitutes the entire agreement between you and PeopleGrade.com regarding the use of the Website and/or the Service. The failure of PeopleGrade.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.