Terms of Service

Last updated: October 17, 2010

Thank you for using pplShare ("pplShare", "we" or "us")! pplShare, a service of ppl Devices LLC, provides a private, secure online environment that enables everyone in the school community to interact and share information. We also provide a set of services that will enhance your experience as a member of a pplShare community.

These Terms of Service contain general terms that apply to you as a User of pplShare, along with additional terms that may apply to you as a Community Owner (as defined below). When using pplShare, you will also be subject to the pplShare Privacy Policy and additional posted guidelines, policies or rules applicable to specific services and features on pplShare, which may be posted by us from time to time (collectively, the "Guidelines"). All of these Guidelines are part of this Agreement and are hereby incorporated by reference.

These Terms of Service, including any Guidelines and future modifications (collectively the "Terms of Service" or "Agreement") govern your use of pplShare and is a legal contract between you and ppl Devices LLC.

By registering with us, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a pplShare Community as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.

1.  Definitions

"Community Owner" is a User who operates one or more Communities on the pplShare Platform. A Community Owner is by definition a User of each of his or her Communities.

"Content" means (i) any work of authorship in a pplShare Community , including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials posted on or transmitted through any pplShare Community. "Your Content" is any Content that you submit to a pplShare Community, either as a User or Community Owner(all as defined below). If you are a Community Owner, Your Content includes the name, logo, trademark, brand features and other Content that you (and not the Users of Your Community (s) make available).

"User ID" is an account you create with pplShare which includes a name, email address and password. When you register as a User on one or more Communities on the pplShare Platform, you use the email address and password portion of your User ID to authenticate with each such Community. Additionally, each Community of which you become a User will have access to an email address and name as stored in your User ID and this information may be pre-populated into your User Profile upon sign-up.

"User Data" is data collected from Users by ppl Devices, including the data collected for the User ID and any data provided in Your Profile.

“pplShare Fundraiser” is a series of monetization tools on the site that enables the Community Owner to earn money back on the pplShare site.

"pplShare Platform" means the past, present and future content of pplShare Communities, including all software in any format, hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of pplShare Communities and all other tangible or intangible materials related to, displayed, performed or distributed on pplShare Communities, including, the selection, sequence, and "look and feel" and arrangement of items on pplShare Communities, and all trademarks, domain names, patents, and other intellectual property. The pplShare Platform does not include Your Content.  

"Platform Code" means the proprietary portion of the pplShare Platform that is used to provide services available on pplShare Platform.

"Premium Services" are services provided by ppl Devices LLC to Community Owners for a fee.

"pplShare Community" consist of Code and other Content and are web applications running on top of the pplShare Platform. pplShare Communities are created by Community Owners and are provided for Users of that pplShare Community to interact and connect with other Users. pplShare Community features may include User profiles, friends, invitations, discussion forums, photo sharing, video sharing, music and podcast sharing, events, latest activity streams, RSS feeds, pages, ratings, reviews, and recommendations, among others. If you are a Community owner, "Your pplShare Community" is a pplShare Community created and operated by you on the pplShare Platform.

"Users" are all end users of a pplShare Community, and include you, any unregistered users, and all Community Owners.

2.  Benefits of Creating Your Own pplShare Community

The pplShare Platform is designed to give Community Owners and Users the freedom to create and control their own secure, private online environment for the School Community. Creating Communities on pplShare is free. A Community initially comes with 50GB of storage and 100GB of bandwidth; although such storage and bandwidth limits may be changed from time to time. Subject to this Agreement, as a Community Owner, you control your pplShare Community and own all of Your Content. ppl Devices LLC does not claim any ownership rights to any of Your Content.

3.  pplShare Fundraiser

The pplShare platform has a number of monetization tools that enable Community Owners to earn money back from the site. These tools, collectively, are known as the pplShare Fundraiser.

 A sampling of these tools:

  • Local Deals - Users receive deep discounts on local businesses.
  • Online Shopping - Users purchase items from their favorite online stores (Amazon, Legos, Build-A-Bear, iTunes .. to name just a few) .
  • Local/Regional Business Sponsorship – Local and regional businesses sponsor the site and in return receive advertising opportunities (profile page, display ads, etc…)

pplShare Fundraising Revenue Distribution and Split:

Fundraising revenue is distributed every quarter (September, December, March and June).

Local Sponsors (the first number in the split is the Community Owner percentage):

  • 30/70 - Less than 5 businesses paying for sponsorships.
  • 50/50 - 6-20 businesses paying for sponsorships.
  • 60/40 - Over 20 businesses paying for sponsorships.

Split is determined on the day before Fundraiser payout. (To maximize your return, have a fundraising drive to get as many businesses on board before the fall payout.)

Online Shopping:      60/40

Auction:                  80/20

Local Deals:             50/50

Site usage awards:   The top three pplShare sites in online shopping revenue per quarter (minimum $500) receive $200, $100, $50.

4.  Party Responsibilities

Community Owner Responsibilities:

  • Promote the site:  Inform Users that this is a fundraising tool and the more it is used, the more money raised. Support for Local Sponsors, Local Deal and Online Shopping benefits all. Promote the site early in the year and continuously throughout the year.
  • Generate business leads: It is highly encouraged, for enhancing annual income to the Community Owner, to enter at least twenty local business e-mails per year into the pplShare system for potential site sponsors.

ppl Devices Inc. Responsibilities:

  • Site setup and hosting: The site will be maintained and hosted in a secure data co-location facility.
  • Promotional help: ppl Devices Inc. will provide marketing material throughout the year to promote the pplShare Fundraiser

5.  Premium Services and Payment

                Premium Services

There are three primary ways that we support pplShare: advertising, donation processing and Premium Services. As a Community Owner, you can purchase one or more Premium Services from us, if available. The categories and prices of our Premium Services are described on our website and are subject to change from time to time ("Premium Services Policies"). ppl Devices LLC may choose to temporarily change the fees for the Premium Services for promotional or new services, and such changes are immediately effective when ppl Devices LLC posts the temporary promotional event or new service on the pplShare Platform. Any changes to fees for Premium Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on pplShare. The changes shall only apply prospectively to the Premium Services you've purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.

                Payment Generally

You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorize ppl Devices LLC to charge your credit card, charge card, debit card, PayPal, Amazon Payments or financial institution account (herein "Payment Method") for all charges to your accounts with ppl Devices LLC. Your Payment Method will be charged the current fee for the Premium Service you choose on the date that you click on the "Purchase" button in the ordering process. Today, we only offer recurring payments. You agree that ppl Devices, LLC may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a Premium Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Premium Services ("Pre-Payment Plan"). If you opt for Pre-Payment plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period.

You acknowledge and agree that any credit card and related billing and payment information that you provide to ppl Devices LLC may be shared by ppl Devices LLC with companies who work on ppl Devices LLC behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to ppl Devices LLC and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay ppl Devices LLC all charges incurred under your account for any Premium Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Premium Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) ppl Devices LLC may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) ppl Devices LLC reserves the right to either suspend or terminate your Premium Services or your account with ppl Devices LLC, including deletion of your Community from pplShare.

Except as may be set forth in applicable Premium Service Policies or Section 26 (Termination), any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to ppl Devices LLC within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of ppl Devices LLC.

                Taxes

You are responsible for paying any governmental taxes imposed on your use of a pplShare Community, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to ppl Devices LLC the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that ppl Devices LLC is obligated to collect such taxes, the applicable tax will be added to your billing account.

6.  Your Content and Licenses to Your Content

ppl Devices LLC does not claim any ownership rights in Your Content. After posting Your Content, you continue to retain ownership of Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to any Community needs to comply with the terms of this Agreement. At any point, you can take Your Content from Your Community and cancel your account and ppl Devices LLC does not retain any license rights except as provided below.

You hereby grant ppl Devices LLC, during the course of your usage of pplShare, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content (a) for the sole purpose of operating and making Your Content available on pplShare and in all current and future media in which pplShare may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. Without limiting the foregoing, ppl Devices LLC reserves the right to retain copies of Content for archival purposes after termination of the Agreement.

You hereby agree that if Your Content is removed from any pplShare Community due to a violation of these Terms, including in response to any valid DMCA (as defined below) take down notice or because such Content contains illegal images, ppl Devices LLC shall have the right to use, reproduce and exploit Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of ppl Devices LLC, any individual, or the general public.

You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. You understand that whether or not Your Content is published or marked private by you, ppl Devices LLC does not guarantee any confidentiality or privacy with respect to any of Your Content.

Additionally, you understand and agree that Your Content that is displayed on a pplShare Community may continue to appear on the pplShare Community, even after you have terminated your account or User account or terminated these Terms of Service, as portions of Your Content may have been incorporated into User profiles, RSS feeds or other features.

In addition to the rights, licenses and privileges referred to above, you agree that ppl Devices LLC, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of pplShare, and any products, goods, features, capabilities and/or services associated with pplShare.

As a Community Owner or User you acknowledge that ppl Devices LLC and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through pplShare in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.

If a Community is removed from pplShare, the Content associated with that Community may also be deleted at the discretion of the Community Owner or ppl Devices LLC. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to a Community. You should be aware that ppl Devices LLC is not required and may not keep back-up copies of Content (including Your Content) on pplShare once the Community or Content is deleted. Additionally, ppl Devices LLC makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on pplShare and you should independently back-up Your Content.

7.  Licenses From ppl Devices LLC

                License to pplShare

During and subject to the terms and conditions of this Agreement, ppl Devices LLC hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to access and use pplShare. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the pplShare Platform.

You agree that, as between you and ppl Devices LLC, all the intellectual property rights in pplShare, which does not include Your Content , are owned by ppl Devices LLC or its licensors.

                License Restrictions

Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:

  • Run, rent, lease, loan, or sell access to the pplShare Platform or the pplShare Technology.
  • Decompile or reverse engineer or attempt to access the source code of the software underlying the pplShare Platform or pplShare Technology.
  • Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any pplShare Technology.
  • Access the pplShare Platform to build a product using similar ideas, features, functions, interface or graphics of the pplShare Platform.
  • Access (or attempt to access) any service on the pplShare Platform by any means other than as permitted in these Terms of Service.
  • Circumvent, disable or otherwise interfere with security related featuresthat prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the Content and Third Party Content therein.
  • Access the pplShare Platform to upload Your Content to cause a breach of security to the pplShare Platform or any pplShare Community or interfere with the proper working of the pplShare Platform or prevent others from using the pplShare Platform.
  • Delete the copyright and other proprietary rights notices on the pplShare Platform.

8.  Feedback

You may from time to time elect, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to Your Community or the pplShare Platform. If you elect to provide us any such Feedback, you hereby assign all ownership in and to such Feedback to us, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant ppl Devices LLC a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use and otherwise exploit Feedback.

9.  ppl Devices LLC Trademarks and Legal Notices

ppl Devices LLC trademarks, logos, images, service marks, trade names and other distinctive branding features used on the pplShare Platform. Other trademarks, logos, and trade names that may appear on the pplShare Platform are the property of their respective owners.

If you are a Community Owner, ppl Devices LLC reserves the right to include within Your Community applicable ppl Devices LLC copyright and trademark notices for the pplShare Platform and links to the pplShare Terms of Service, Privacy Policy and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by ppl Devices LLC.

10.      ppl Devices LLC Ownership Rights

You agree that, as between you and ppl Devices LLC, ppl Devices LLC owns all right, title and interest, including, all intellectual property rights, in and to the pplShare Technology. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to ppl Devices LLC. You agree to abide by all copyright notices, information, or restrictions contained in any part of a pplShare Community. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on a pplShare Community, including notices on any ppl Devices LLC Technology you download, transmit, display, print or reproduce from or using a pplShare Community.

11.      Support and Interaction for Community Owners

If you are a Community Owner, ppl Devices provides documentation to assist you in creating and enhancing your pplShare Community. You are responsible for implementing and maintaining all support for Your Community including answering questions from Your Community Users.

12.      Advertising and Promotion for Community Owners

There are two ways advertising is generated for a pplShare site:

  • pplShare fundraiser. For the terms and conditions related to the pplShare fundraiser, see the ‘pplShare Fundraiser’ section of this document..
  • ppl Devices LLC sold advertising. With the exception of the terms outlined in the pplShare Fundraising Policy, ppl Devices LLC has the exclusive right to sell, run and/or serve third-party advertising on your pplShare Community. All money generated by ppl Devices LLC sold advertising will be retained by ppl Devices LLC and is not considered part of a pplShare fundraiser.

YOU AGREE THAT ppl Devices LLC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR COMMUNITY.

In addition, ppl Devices LLC reserves the right to include promotional links on Your Community at no cost to ppl Devices LLC.

13.      Third Party Content and Hyperlinks to Third Party Sites

Content from other Users or advertisers, including, information about third party products and services, is made available to you through pplShare Communities ("Third Party Content") on the pplShare Platform. The inclusion of Third Party Content on the pplShare Platform does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and ppl Devices LLC has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, ppl Devices LLC or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on any Community) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using pplShare Communities you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use pplShare Platforms at your own risk.

Additionally, ppl Devices LLC or third parties may provide hyperlinks on Communities, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the pplShare Platform and the inclusion of any link on a pplShare Community does not imply ppl Devices LLC affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. ppl Devices LLC expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the pplShare Platform. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

14.      Representations and Warranties.

You hereby represent and warrant to ppl Devices LLC that: (a) you will comply with all applicable local, state, national and international laws (including the FERPA Act), rules, and regulations in connection with your use of the pplShare Platform including your promotional or other activities off the pplShare Platform that relate to Your Community; (b) you have the right to grant to ppl Devices LLC the rights granted herein and you own or have all necessary rights, title and interest in and to Your Content; (c) Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Content or Your Community contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the pplShare Platform, or intercept or expropriate any system data or personal information from the pplShare Platform.

15.      Acceptable Use and Conduct

You are solely responsible for your conduct, Your Communities, and Your Content on the pplShare Platform. We want to keep the Communities on pplShare safe and fun for everyone and the use of a pplShare Platform for unlawful or harmful activities is not allowed. In defining "safe and fun," you specifically agree that:

You will not post, email or make available any Content to Users or use the pplShare Platform:

  • In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
  • In a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • To engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the pplShare Platform in connection with Your pplShare Community;
  • In a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • In a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
  • In a manner that is harmful to minors in any way;
  • In a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by ppl Devices LLC;
  • To impersonate a ppl Devices LLC employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Community or the pplShare Platform without authorization;
  • To interfere or attempt to interfere with the proper working of the pplShare Platform or prevent others from using the pplShare Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the pplShare Platform, or that otherwise negatively affects other persons' ability to use the pplShare Platform;
  • To use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any Community Owners's account or to monitor or copy the pplShare Platform (including the Network Code or Platform Code) or the content contained therein;
  • To facilitate the unlawful distribution of copyrighted content;
  • In a manner that includes personal or identifying information about another person without that person's explicit consent;
  • In a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the pplShare Platform or to Users; and
  • In a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

  • "Stalk" or otherwise harass anyone;
  • Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
  • Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any User of a pplShare Community, including passwords from a Community Owner, or to proxy authentication credentials for any User of a pplShare Community for the purposes of automating logins to the pplShare Platform;
  • Use any profanity or the description or name of any illegal activity in the name of Your Community.;
  • Use the name "ppl Devices LLC" or pplShare as any part of the name of Your Community;
  • Post any Content containing child pornography to any pplShare Community. ppl Devices LLC absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any User Data, to law enforcement, including the National Center for Missing and Exploited Children;
  • Post any Content that ppl Devices LLC determines constitutes pornography or is adult in nature.
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from pplShare Communities and the pplShare Platform - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
  • Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on the pplShare's infrastructure;
  • Attempt to gain unauthorized access to pplShare's computer system or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the pplShare Platform;
  • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the pplShare Platform or for using it for purposes unrelated to a pplShare Community); and
  • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the pplShare Platform.

You agree not to authorize or encourage any third party to use the pplShare Platform or any of the pplShare Communities (and Your Communities will not be designed) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify pplShare in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

16.      pplShare Platform Policies

ppl Devices LLC may establish general polices and limits concerning use of the pplShare Platform ("pplShare Platform Policies"), including (and without limitation) the maximum number of days that pplShare Communities and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you or your pplShare Community, the maximum number of times and duration for which you may access the pplShare Platform or pplShare Communities in a given period of time, the maximum bandwidth used by Your pplShare Community(s) or Content, and the maximum CPU power used by pplShare Community or Content.

17.      pplDevices's Relationship with Users

You acknowledge that ppl Devices LLC may terminate your account (which is separate from a Community Owners right to terminate your account), and remove your user login and Content, as well as disable your access to any and all pplShare Communities and the pplShare Platform, in accordance with the terms of this Agreement. If you are a User, you acknowledge that nothing in any agreement (or related policies) you may be subject to with any Community Owner or other party will alter, impair, supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or ppl Share’s Privacy Policy.

18.      Copyright Infringement/Digital Millennium Copyright Act Compliance

It is ppl Device's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). ppl Devices LLC may remove any allegedly infringing Content without any liability to you.

ppl Devices LLC will promptly terminate without notice any User's (including, for clarity, Community Owners) access to the pplShare Platform, including access to any pplShare Community, in appropriate circumstances where the User is a "repeat infringer" of copyrights. Generally, ppl Devices LLC will consider a User a repeat infringer if it has received more than two third-party notices of alleged infringement concerning Content posted by that User anywhere on the pplShare Platform. pplShare, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User. Additionally, if a Community Owner continues to allow its Users to post Content that is subject to notices of alleged copyright infringement, the Community may (at ppl Device's sole discretion) be disabled.

Additionally, if you are a Community Owner, you agree to: promptly (and in any event in no more than 24 hours) address (including removing or disabling access to the allegedly infringing content for valid DMCA take down notices) any copyright owner's written notice (including any notices forwarded to you by ppl Devices LLC) that specified Content posted on Your pplShare Community infringes that third-party's rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable User that substantially complies with the requirements of the DMCA instructing you to replace the allegedly infringing Content, you agree to replace or cease disabling access to the Content not less than ten (10) and no more than fourteen (14) days after receiving the counter notice, provided that the complaining party has not notified you that it has filed an action against the User regarding the alleged infringement. You also agree to forward a copy of the counter notice to ppl Devices LLC. ppl Devices LLC strongly recommends that you consult with a legal professional to confirm your obligations under the DMCA. ppl Devices LLCis not providing legal advice to you and nothing in this Agreement is legal advice nor guarantees your compliance with applicable law or regulation. You are solely responsible and liable for complying with all applicable laws, including copyright and privacy laws in connection with Your pplShare Community.

19.      User Data

pplShare Communities collect general information about a User's use of Your pplShare Community(s). If you are a Community Owner or Administrator, you agree that your access to this data (including the email addresses provided by Users during the registration process) as part of the management controls of Your pplShare Community(s) is subject to the pplShare Privacy Policy. In addition, subject to this Agreement, you may collect User Data from Your pplShare Community Users; if you do so, you hereby agree that such User Data shall not be used in a manner inconsistent with, or that causes ppl Devices LLC to violate the pplShare Privacy Policy.

User privacy is important to us. Therefore, if you are a Community Owner or an Administrator, you hereby agree that your use and disclosure of User Data shall: (a) comply with all Guidelines; and (b) be reasonably protective of each User's rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of User Data or that are less stringent than the standards set forth in the pplShare Privacy Policy.

You acknowledge that ppl Devices LLC may receive requests from Users or persons authorized to act on behalf of such Users to modify or delete personally identifiable information relating to such Users on Your pplShare Community. Accordingly, you agree that, within 24 hours of any email request by ppl Devices LLC, you will: (a) delete all User Data and other personally identifiable information in your possession or control relating to a particular User as specified by ppl Devices; and (b) confirm such deletion in email notice to ppl Devices.

ppl Devices LLC is not required to keep back-up copies of User Data on the pplShare Platform once the pplShare Community is deleted. ppl Devices makes no guarantee that User Data will be safely stored on the pplShare Platform.

20.      Your pplShare Community

We want to give you as a Community Owner as much freedom to control your pplShare Community on the pplShare Platform as possible. You may have your own agreement(s) or policies between you and each of Your Users, provided that each such agreement or policies do not supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or our Privacy Policy and provided that you allow ppl Devices LLC to display the pplShare Terms of Service, Privacy Policy and any Guidelines on your pplShare Community.

To enable a great experience for all Users on the pplShare Platform, if you are a Community Owner, you agree to ensure each pplShare Community you manage does not degrade the performance of the pplShare Platform. If your pplShare Community(s) exceed the quotas and limitations set by ppl Devices (e.g., storage or bandwidth) or otherwise degrades performance of the pplShare Platform or other services in any way, we may suspend your pplShare Community(s) at our sole discretion and without notice.

You agree not to harvest any email addresses from a pplShare Community or the pplShare Platform for the purpose of sending email in violation of applicable law or otherwise violate the "Acceptable Use and Conduct" provisions of this Agreement.

You acknowledge that ppl Devices LLC may terminate the account of any User (including Your pplShare Community) in accordance with these Terms of Service.

Your pplShare Community shall not be designed or implemented in a way that, as determined by ppl Devices LLC in its sole discretion, might mislead a User into believing that: (i) he or she is interacting directly with pplShare when interacting with Your pplShare Community, or (ii) any of Your pplShare Community is endorsed by ppl Devices LLC. Because we want you to have as much freedom over your pplShare Community as possible, ppl Devices LLC takes no responsibility for any Content located in Your pplShare Community and ppl Devices LLC has no obligation to monitor such Content or Your pplShare Community.

You acknowledge that ppl Devices LLC also reserves the right to remove, preserve, and disclose any information or Content on any pplShare Community (including User ID and User Data) or account it deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of ppl Devices LLC, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.

21.      Your Account

You need to register and create a User ID in order to become a User of a pplShare Community or Community Owner on the pplShare Platform. You are responsible for keeping your pplShare ID password secure. pplShare IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your pplShare ID. ppl Devices LLC reserves the right to log off or deactivate User accounts that are inactive for an extended period of time.

When you create Your pplShare Community, ppl Devices LLC gives you the flexibility to choose your own subdomain for Your pplShare Community (e.g.," Washington" in the example: http://washington.pplshare.com) ("Network Subdomain"). You will be solely responsible and liable for any activity that occurs under your pplShare Community Subdomain. ppl Devices LLC maintains ownership of your Network Subdomain and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the Network Subdomain on the pplShare Platform.

You may not use anyone else's account, User ID or Network Subdomain at any time, without the permission of the account holder. You should never give out your password to another individual or entity. ppl Devices will not be liable for any loss that you may incur as a result of someone else using your User ID, Network Subdomain, or password, either with or without your knowledge. However, you may be held liable for losses incurred by ppl Devices LLC or another party due to someone else using your User ID, Network Subdomain, or password. In other words, please be careful with your identity and passwords.

22.     

YOUR USE OF THE PPLSHARE PLATFORM, , THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE PPLSHARE PLATFORM, THIRD PARTY SOFTWARE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PPL DEVICES AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. PPL DEVICES AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE PPLSHARE PLATFORM, THIRD PARTY SOFTWAREOR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PPLSHARE PLATFORM OR THE SERVER THAT MAKES THE PPLSHARE PLATFORM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PPLSHARE MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE PPLSHARE PLATFORM OR YOUR PPLSHARE COMMUNITY (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR PPLSHARE COMMUNITY OR (C) THE COMPATIBILITY OF ANY NON-PPL DEVICES CODE WITH ANY PPLSHARE TECHNOLOGY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PPLSHARE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PPL DEVICES OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE PPLSHARE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

23.      Indemnity

You agree to indemnify, defend, and hold harmless ppl Devices LLC, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:

  • Your Content or Your pplShare Community;
  • Your use of any Third Party Applications;
  • Your use or misuse of, or connection to, the pplShare Platform;
  • Your breach or alleged breach of this Agreement;
  • Your violation of any rights (including intellectual property rights) of a third party;
  • Your use or misuse of any User data (including User Dataa), including, in violation of the pplShare Privacy Policy and
  • Your breach or alleged breach of any agreement or policy between you and other Users.

ppl Devices LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of ppl Devices LLC. ppl Devices LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

24.      Your Interactions with Other Users

Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any User or Community Owner), ppl Devices LLC is under no obligation to become involved.

You release ppl Devices LLC, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

25.      Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL PPL DEVICES OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PPL DEVICES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE PPLSHARE PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO PPL DEVICES LLC BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN PPL DEVICES LLC (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE PPLSHARE PLATFORM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

26.      Changes to the pplShare Platform

ppl Devices LLC reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the pplShare Platform or any part thereof with or without notice. ppl Devices LLC will not be liable to you or to any third party for any modification, suspension or discontinuance of the pplShare Platform.

27.      Amendments

We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.pplShare.com or elsewhere on the pplShare Platform. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the pplShare Platform after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User (including User or Community Owner) on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.pplShare.com or elsewhere on the pplShare Platform. The revised version will apply to you immediately if you are a User who registers or first uses the pplShare Platform on or after the posting of the revised version.

28.      Term and Termination

                Term

This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your membership within any pplShare Community on the pplShare Platform at any time and for any or no reason by following the instructions within the pplShare Community. Additionally, you may terminate your account and end your use of the pplShare Platform at any time and for no reason by contacting us at support@ppldevices.com or at the address set forth below in the "Contacting pplShare" Section.

                Termination

ppl Devices LLC has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the pplShare Platform or any pplShare Community, (ii) remove and discard any Content within any pplShare Community or anywhere on the pplShare Platform or (iii) shut down a pplShare Community, with or without notice, and with no liability of any kind to you.

If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

                Effects of Terminating

Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Content, Your User Data or Your pplShare Communities. ppl Devices LLC will not have any obligation to assist you in migrating your data, Your Content, or Your pplShare Community(s) off of the pplShare Platform and ppl Devices LLC does not keep any back-up of any of Your Content or Your User Data. ppl Devices LLC is not responsible for deleting Your Content on your behalf. Note that, even if Your Content is deleted from pplShare's active servers, it may remain in our archives (but we have no obligation to archive or back-up Your Content), and subject to the licenses set forth in this Agreement.

                Survival

The following Sections will survive termination of these Terms of Service for any reason: Sections 1, 3, 4-8, 12-23, 26-32.

29.      Governing Law; Venue

This Agreement shall be governed by the laws of the State of Missouri without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.

You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within St. Louis, Missouri for the purpose of litigating all such claims or disputes.

30.      Relationship of the Parties

The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that ppl Devices LLC has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

31.      United States Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from ppl Devices LLC under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, ppl Devices LLC from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

32.      No Third Party Beneficiaries

The parties specifically disavow any desire or intention to create a "third party" beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.

33.      General

The failure of ppl Devices LLC to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

You may not delegate your duties under this Agreement or assign this Agreement or your ppl Share accounts, in whole or in part, provided, however, that you may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. ppl Devices LLC may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.

This Agreement, which incorporates the pplShare Privacy Policy and the Guidelines, constitutes the entire agreement between you and ppl Devices LLC and governs your use of the pplShare Communities, superseding any prior agreements (whether written or oral) between you and ppl Devices LLC regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.

The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.

ppl Devices LLC may provide you with notices, including those regarding changes to this Agreement or any of ppl Device's terms and conditions, by email, regular mail, or postings on the pplShare Platform. Notice will be deemed given twenty-four (24) hours after email is sent, unless ppl Devices has previously been notified that the email address is invalid. Notices not pertaining to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the pplShare Platform) are deemed given two (2) days following the initial posting.

34.      Contacting ppl Devices LLC

You may contact ppl Devices LLC in the following ways:

                E-Mail:

info@ppldevices.com

                Postal:

ppl Devices LLC
4041 Forest Park Ave.
St. Louis, MO 63108

We welcome your feedback on this document and thank you for using pplShare!