Last Updated: September 16, 2024
Thank you for your interest in participating in Project Liberty’s initiative to transform how the Internet works, who owns and controls personal information, and who benefits from the digital economy, including the “People’s Bid For TikTok” (the “Mission”). Please read these Terms of Service (the “Terms”) and our Privacy Notice (available here: https://www.projectliberty.io/privacy-policy/) (“Privacy Notice”) carefully because they govern your use of the website located at https://peoplesbidfortiktok.com/ (the “Site”) offered by Project Liberty LLC and its subsidiaries, affiliates, licensees, designees, successors, agents and assignees, (collectively, “Project Liberty,” “we,” “us” or “our”). To make these Terms easier to read, the Site and any related services are collectively called the “Services.” The Services do not include, and these Terms do not apply to, Frequency Access, or any other products or services made available via Frequency Access.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PROJECT LIBERTY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
2. Privacy Notice. Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your personal information.
3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services? You may use the Services only if you are at least 18 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory) and capable of forming a binding contract with Project Liberty, and not otherwise barred from using the Services under applicable law.
5. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
6. Your Content.
(a) Posting Content. Our Services may allow you to store or share content such as text (in letters, petitions, posts or communications with others), files, documents, graphics, images, music, software, audio, video and Statements (as defined in Section 6(c) below). Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. Project Liberty does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content, subject to the permissions and licenses granted in Section 6(b) and 6(c).
(b) Permissions to Your User Content. By making any User Content available through the Services, you hereby grant to Project Liberty a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with (i) operating and providing the Services and (ii) supporting and promoting the Mission.
(c) Publicity Rights. The Services may enable you to (i) provide images, photographs, video recordings, or footage which contain your voice, name, signature and/or any other likeness or identifiable characteristics of you (“Likeness”) and statements, opinions and/or testimonials, whether “as is”, edited, paraphrased, amplified, shortened and/or put in conversational form (“Statements”) related to or in support of the Mission. You hereby grant us a non-exclusive, transferable, worldwide, perpetual and irrevocable, royalty-free, fully sub-licensable, right, consent and permission to use your Likeness and Statements, in whole or part, in support of the Mission and/or for any other lawful purpose. Such right includes the right to use your Likeness and Statements, in whole or in part, alone or incorporated in any type of materials, including any and all promotional, marketing and/or advertising materials, whether existing prior to or prepared, developed or created after the effective date of this release (collectively, the “Materials”), in support of the Mission and/or any other lawful purpose, in any and all media known or hereafter developed including without limitation, in our owned, operated branded, or affiliated digital and social media applications and platforms. You hereby waive any right that you may have to inspect and/or approve the finished Materials, your Statements and/or your Likeness including the text that may be used in connection with them. You understand and agree that nothing in these Terms obligates Project Liberty to make any use of any of the rights granted in this Section in your Likeness or Statements.
(d) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Project Liberty on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. If your User Content, Likeness or Statements contains the name, identity, likeness, voice, or any other biographical information of any individuals, you hereby represent and warrant that (i) such information is accurate and truthful and (ii) you have obtained any and all appropriate consents and licenses for your use of such User Content, Likeness or Statements and that Project Liberty and its sub-licensees are allowed to use such User Content, Likeness or Statements to the extent indicated in these Terms.
(e) Removal of User Content. You can remove some of your User Content by specifically deleting it from the Site. You should know that in certain instances, your User Content (including your Likeness or Statements, if applicable) may not be completely removed, and that your removal of any User Content from the Services does not terminate the licenses and permissions that you grant to us in Section 6(c) above. Accordingly, you acknowledge and agree that copies of your User Content may continue to exist on the Services or in printed or digital materials which Project Liberty has created, developed, published or publicly distributed in accordance with Section 6(c). To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content, whether from the Services or from any Materials.
(f) Compliance with Law. You represent and warrant that the Statements are true and accurately reflect your honest opinion of and experience with Project Liberty and/or the Mission and will continue you to be true and accurate unless you notify us in writing. You further agree to comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time, as well as any other advertising guidelines required under applicable law, in connection with use of the Services and your submission of Statements.
(g) Project Liberty’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
7. General Prohibitions and Project Liberty’s Enforcement Rights. You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, Project Liberty’s name, any Project Liberty trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Project Liberty’s express written consent;
(c) Access, tamper with, or use non-public areas of the Services, Project Liberty’s computer systems, or the technical delivery systems of Project Liberty’s providers;
(d) Attempt to probe, scan or test the vulnerability of any Project Liberty system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Project Liberty or any of Project Liberty’s providers or any other third party (including another user) to protect the Services;
(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Project Liberty or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other hidden text or metadata utilizing a Project Liberty trademark, logo URL or product name without Project Liberty’s express written consent;
(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(n) Impersonate or misrepresent your affiliation with any person or entity, or provide a Likeness that is not your own;
(o) Violate any applicable law or regulation; or
(p) Encourage or enable any other individual to do any of the foregoing.
Project Liberty is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
8. DMCA/Copyright Policy. Project Liberty respects copyright law and expects its users to do the same. It is Project Liberty’s policy to terminate in appropriate circumstances users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
9. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
10. Termination. We may suspend or terminate your access to and use of the Services at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Services, the following Sections will survive: 5, 6(b), 6(c), 6(d), 6(e), 6(f), 6(g), 7, 10, 11, 12, 13, 14, 15, and 16.
11. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES.
12. Indemnity. You will indemnify and hold Project Liberty and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, Likeness, and Statements or (c) your violation of these Terms.
13. Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PROJECT LIBERTY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROJECT LIBERTY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROJECT LIBERTY’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS ACTUAL PAID BY YOU OR ARE PAYABLE BY YOU TO PROJECT LIBERTY FOR USE OF THE SERVICES, PROVIDED THAT IN NO EVENT WILL PROJECT LIBERTY’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS MADE UNDER OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS $100.00.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PROJECT LIBERTY AND YOU.
14. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Project Liberty are not required to arbitrate will be the state and federal courts located in New York, New York and you and Project Liberty each waive any objection to jurisdiction and venue in such courts.
15. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Project Liberty agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Project Liberty are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions. As limited exceptions to Section 15(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 15(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND PROJECT LIBERTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Severability. With the exception of any of the provisions in Section 15(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
16. General Terms.
(a) Construction and Interpretation. As used in these Terms, “Including” means “including, without limitation.” Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions.
(b) Reservation of Rights. Project Liberty and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
(c) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Project Liberty and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Project Liberty and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Project Liberty’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Project Liberty may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(d) Notices. Any notices or other communications provided by Project Liberty under these Terms will be given: (i) via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(e) Waiver of Rights. Project Liberty’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Project Liberty. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17.Contact Information. If you have any questions about these Terms or the Services, please contact Project Liberty at bid@projectliberty.io.
