MODIFICATION DATE: May 24, 2018.
Peak Profit Global is the creator of a unique open-source application and a web-based application for Event Publishing and Promotion based on one of the world’s oldest social platforms – the calendar. Over 100,000 of our customers are creating, publishing, ticketing, and promoting millions of events from around the world at any given time with our easy-to-use and full-featured software.’
Peak Profit Global ’s open-source application – the All-in-One Event Calendar™ – is a WordPress Plugin designed to install on your own hosted website. It provides you with an easy-to-use and full-featured calendar to publish and present events on your website, and promote or share these events with other calendars. The free (“Core”) version of our All-in-One Event Calendar™ provides a beautiful and feature-rich website calendar with that can be upgraded with Add-ons for even more functionality.
Peak Profit Global -hosted calendars with additional features and more powerful event discovery (curation) and sharing capability are also available and can be embedded on any website (including WordPress websites).
Peak Profit Global ’s web-based application – the Peak Profit Global CalendarTM – is stand-alone software hosted on our servers that can be embedded on any website (including WordPress sites). The Peak Profit Global Calendar has many advantages including but not limited to: the ability to use it as a standalone calendar (without a website or app), more powerful sharing capabilities, full SEO recognition, more powerful sharing features, and great performance metrics even when installed on low-cost hosted websites.
The provision and use of Peak Profit Global ’s open-source application is governed by the following TERMS OF SERVICE, except copyright, which is governed by the GNU General Public License V2 only. More information on the GNU GPL v2 can be found at www.gnu.org. The provision and use of any other services provided by Peak Profit Global are governed by the following TERMS OF SERVICE.
2. Parties to these Terms of Service
2.1 The Contracting Party
You are entering into these Terms of Service with, and services shall be provided by, Peak Profit Global Inc., a company incorporated and governed by the laws of the Florida, United States. Peak Profit Global NETWORK INC. is also referred to as “Peak Profit Global ”, “we”, “us”, or “our” within this Agreement.
Any party or entity, whom, acting alone or jointly or on behalf of another entity, does all or any of access, uses, visits, browses, registers, downloads, installs, purchases, and otherwise interacts with Peak Profit Global Services, shall be referred to within this Agreement as “Users”, “User”, “you” or “your”.
3.1 Peak Profit Global Services
Peak Profit Global offers a variety of products and services to help you create, ticket, register, publish, and promote or advertise events, individually and collectively referred to as our “Service” or “Services”. Peak Profit Global ’s services include:
- Use or interaction with any or all of the web applications, mobile applications, content management system plugins, and downloadable software owned, created, or maintained by Peak Profit Global , collectively referred to as our “Apps” or “Applications”.
- Use or interaction with any or all of content or service belonging to, or otherwise licenced to or provided by, Peak Profit Global , collectively referred to as our “Content” or “Data”.
- Use or interaction with any or all of our domains, subdomains, websites, webpages, and all variants and subparts thereof including https://time.ly, collectively referred to as our “Website” or “Site”, and any services or Content provided through our website or Application Program Interface.
Specific services (or groups thereof) may be referred to by name or function within this Agreement, such as the All-in-One Event Calendar™, EventPromote™, Peak Profit Global Ticketing, and Priority Support. Any subsequent change of name or version of such services shall continue to be governed by the terms and conditions within this Agreement.
3.2 Grant of License
Subject to acceptance and continuing adherence to these Terms, Peak Profit Global grants you a limited, non-transferable, nonexclusive, revocable license to access, use, and interact with Peak Profit Global Services as set forth in this Agreement. Any other rights not expressly granted to you by Peak Profit Global in this Agreement are reserved to Peak Profit Global .
In consideration of the Services provided to you by Peak Profit Global , you shall pay Peak Profit Global the non-refundable Service fees in the amounts and on the terms set forth in Peak Profit Global ’s current Fee Schedule available at https://time.ly/pricing/ or by invoice from Peak Profit Global . Payment in full of any invoice is due the later of your receipt of the invoice or the due date stated on the invoice. If Peak Profit Global does not receive payment in full of any Fees when due, then Peak Profit Global in its sole discretion may terminate your account with Peak Profit Global , pursuant to Section 5.3 below.
3.4 Service Availability
You acknowledge and agree that the Services are subject to transmission limitation or interruption and that access to the Services may not be available on a continuous basis and that the Services will be subject to periodic downtime to permit hardware and/or software maintenance to take place. You acknowledge and agree that Peak Profit Global is not responsible for performance degradation and delays. You acknowledge that Peak Profit Global shall not be liable to you if the Services is interrupted for any reason. If you are dissatisfied with the Services, you agree that your sole remedy shall be to cease using the Services.
3.5 Technical Support
The amount and type and response time of technical support provided by Peak Profit Global depends on the Services chosen by you. For more information on Support Services for the All-in-One-Event-Calendar, see https://time.ly/support.
3.6 Updates and Functionalities
You acknowledge that from time to time Peak Profit Global may apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content).
3.7 Applicable Taxes
All taxes based on Peak Profit Global ’s income, net worth or assets shall be the sole responsibility of Peak Profit Global . For any Service you purchase from Peak Profit Global , you must provide Peak Profit Global with the country and tax region in which Peak Profit Global Services will be used, and may not use Peak Profit Global Services in any country or tax region other than the country and tax region for which it was purchased for use. You agree to pay all applicable sales, use, goods and services, value added, and excise taxes, custom taxes, assessments, charges, fees and levies associated with the rights granted and the Services provided to you pursuant to these Terms, including any interest, fines and penalties imposed by any governmental authority (including federal, state, provincial, municipal, and foreign governmental authorities).
Peak Profit Global Services include the provision of merchant services to sell tickets and advertise events on your calendar. For any Peak Profit Global Service you use as a merchant to sell goods or services to your customers, you bear the sole responsibility to determine, collect, and ensure the proper collection of all applicable sales, use, goods and services, value added, and excise taxes, custom taxes, assessments, charges, fees and levies associated with the rights granted and the Services provided to you pursuant to these Terms, including any interest, fines and penalties imposed by any governmental authority (including federal, state, provincial, municipal, and foreign governmental authorities). Peak Profit Global recommends that you enlist the services of a tax professional to ensure your activities are being conducted in a tax-compliant manner.
3.8 Compliance with Laws
Both parties are responsible for complying with each statute, regulation, law and other requirement applicable in each jurisdiction in which they reside, are registered or do business. For clarity, you may not use any Peak Profit Global ’s Service to offer or sell any product or service that is prohibited by any applicable law, regulation or legal requirement.
4. Terms of Service Agreement
4.1 Terms of Service
Your use of all or any of Peak Profit Global Services are governed by these Terms of Service, referred to individually as “Term” and collectively as “Terms of Service” or “Terms” or “Agreement”, subject to your acceptance without modification. The Terms of Service include any and all of policies, terms, guidelines, conditions, requirements, and agreements provided herein and, in addition, provided by reference herein, and in addition, available at https://time.ly/tos.
Your use of Peak Profit Global Services is governed by the English language version of our Terms of Service. Should Peak Profit Global , or any entity, translate the Terms into other languages, the English language version of the Terms shall control with respect to any conflict between the translated version and the English language version of these Terms.
4.3 Modifications to the Terms of Service
We reserve the right, at our sole discretion, to modify or replace any of the terms or conditions of these Terms at any time. Peak Profit Global will present all modifications, along with the date of modification, at https://time.ly/tos , except as modified by a written Services Agreement or written Addendum Agreement, signed by you and an authorized officer of Peak Profit Global . At our sole discretion, we may contact you from within the product, or via email, to notify you of such modifications.
4.4 Effective Date of Modifications
4.5 Full and Complete Acceptance
Through the act of accessing, using, visiting, browsing, registering, downloading, installing, purchasing or otherwise interacting with any or all of Peak Profit Global Services, presented herein in Section 3.1, you are agreeing to the full and complete acceptance of our Terms of Service. If you do not agree with any of these Terms, or you do not have the authority to act or agree to the Terms, you should refrain from accessing, using, visiting, browsing, registering, downloading, installing, purchasing, or otherwise interacting with all or any of the Services. Acceptance of the Terms constitutes a binding agreement between you and Peak Profit Global .
5. Term and Termination of this Agreement
The term of the binding contract between you and Peak Profit Global commences immediately after your Acceptance of the Terms, as set forth in Section 4 herein, and shall remain in effect until termination by you as set forth in Section 5.2, or by Peak Profit Global as set forth in Section 5.3.
5.2 Termination by You
You may terminate this Agreement by ending your User status at any time, except to the extent to which you have entered into a separate written Services Agreement, as referred to in section 4.3, with us that replaces the relevant terms herein. Should any or all separate written Agreements with us expire or terminate, the Terms specified herein apply until your User status is ended. Your Service will be cancelled within 48 hours upon receipt of your request. For support in deleting your account, please contact us by email at [email protected]
5.3 Termination by Us
Peak Profit Global may, at its sole discretion, to suspend terminate your account and/or deny you access or use of all or part of Peak Profit Global Services, without prior notice and for any reason, including if you engage in any conduct that Peak Profit Global believes (a) violates the letter or spirit of any term or provision of these Terms of Service; (b) violates the rights of Peak Profit Global or third parties or expose Peak Profit Global to any legal liability; (c) violates any laws and regulations in force for at least one of any relevant jurisdiction; or (d) is otherwise inappropriate for continued access and use of the Services. Peak Profit Global shall not be liable to you, acting individually or jointly, any entity you represent, or any other third party for any such termination of access to Peak Profit Global Services.
5.4 Refund Policy
Due to the non-refundable nature of downloadable software, you agree that Peak Profit Global has no obligation to issue refunds for downloaded software once a transaction has been completed. In the event of termination, either by you or by Peak Profit Global , no refunds will be issued.
5.5 Survival of Terms
Any and all provisions of these Terms of Service that by their nature should survive termination or expiration of this Agreement shall survive. Surviving Terms shall include, without limitation, those relating to all of: a) disclaimers of warranty; b) limitations of liability c) obligations to indemnify; d) choice of law and forum; e) agreements to arbitrate; f) obligations relating to applicable taxes; and g) intellectual property licenses and protections.
6. Representations and Warranties
You represent and warrant by acceptance of these Terms of Service that you are NOT:
- Under the age of 18 years.
- Located in, or are a national resident of, any country for which Canada has imposed Sanctions under the United Nations Act (UNA) or the Special Economic Measures Act (SEMA). Information on Sanctions, including those addressed by UNA and SEMA, is published by Global Affairs Canada and, at the time of creation of these Terms, could be found online at www.international.gc.ca.
- Located in any country other than the country for which the Services were purchased for use.
- Engaged on intend to engage in any purpose or activity, that is unlawful, illegal, fraudulent or harmful.
YOUR INTERACTION WITH AND USE OF Peak Profit Global SERVICES ARE CONDUCTED AT YOUR OWN VOLITION AND MUST BE IN AGREEMENT WITH LOCAL LAW. Peak Profit Global MAKES NO REPRESENTATIONS THAT Peak Profit Global SERVICES ARE APPROPRIATE FOR ANY OR ALL OF YOUR USE CONDITIONS, LOCATION, AND LEGAL STATUS.
7. Disclaimer of Warranties and Limitation of Liability
7.1 Services Provided on an “As Is” Basis.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK, AND THAT ALL SERVICES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, Peak Profit Global NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
Peak Profit Global MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Peak Profit Global SERVERS AND/OR ANY AND ALL INFORMATION STORED OR PRESENTED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND/OR (IV) ANY FRAUDULENT ACTIVITIES IN ANY WAY CONNECTED TO THE USE OF Peak Profit Global NETWORK SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. Peak Profit Global DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. Peak Profit Global WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7.2 Limitation of Liability
IN NO EVENT SHALL Peak Profit Global BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE PAYMENTS MADE BY YOU TO Peak Profit Global , OR CAD$100, WHICHEVER IS LARGER. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold Peak Profit Global , and any related and affiliated party, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, consequential, incidental, or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of: (a) your improper use of the Services; (b) your breach of any part of these Terms of Service; (c) your breach of any applicable law, rule or regulation or the rights of any third party; or (d) your use of Services provided by Peak Profit Global for the purpose of creating, ticketing, or promoting an event. This indemnification shall not apply to the extent that the Claim arises exclusively out of Peak Profit Global ’s gross negligence or willful misconduct.
Peak Profit Global provides Services that create a market place where Users transact in connection with the creation, ticketing, registration, hosting, publishing, promotion, advertisement, curation, and attendance of events. Peak Profit Global could not uphold the risk inherent to provision of Services if it were held responsible for the actions or inactions of Users and/or third parties both on and off the Services. Therefore, in relation to the provision of Services by Peak Profit Global , you hereby agree to release Peak Profit Global , and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees from any and all damages (whether direct, indirect, consequential, incidental or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with claims and disputes between you and third parties (including other Users) in connection with the Services.
8. Trademark and Patent Protections
8.1 Peak Profit Global ’s Trademarks
Trademarks, service marks and logos of Peak Profit Global , referred to singly or collectively as “Peak Profit Global Trademarks”, used and displayed in connection with Services are registered and unregistered trademarks or service marks of Peak Profit Global . Third party trademarks used in connection with the Services, collectively with Peak Profit Global Trademarks, are herein referred to as “Trademarks”. The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any or all of Trademarks displayed in connection with the Services without the prior written consent of Peak Profit Global specific for each such use. Use of any or all of Trademarks as part of a link to or from any site is prohibited unless Peak Profit Global approves the establishment of such a link by prior written consent specific for each such link, and shall inure the benefit all goodwill generated from the use of any Peak Profit Global Trademarks. The Trademarks shall not be used to disparage Peak Profit Global , any third party, or Peak Profit Global ’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks.
8.2 Peak Profit Global ’s Patents and Copyright
Peak Profit Global Services are based on patented and patent pending intellectual property. Content that forms the basis of the Services is also protected by copyright owned by Peak Profit Global and/or third parties. Please note that if you copy portions of the Services covered by Peak Profit Global ’s patent or patents pending you are violating these patent rights and copyrights.
8.3 Peak Profit Global ’s Open Source Content
Services and content covered by any or all of Peak Profit Global ’s patent, patent pending, copyrights, and Trademarks that are delivered through a web portal are subject only to these Terms of Service. Open source software licenses for components of our Services offered under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with us for the use of the components of the Services released under an open source license.
Peak Profit Global is committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of GDPR, Peak Profit Global is the data controller.
10.2 Entire Agreement
If any provision of these Terms is deemed invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, the invalidity of such provision shall not affect the validity, legality and enforceability of the remaining provisions, which shall remain in full force and effect.
All waivers of any right or remedy must be given in writing. No failure to exercise, and no delay in exercising, any right or remedy under this Agreement, will be deemed to be a waiver of that right or remedy. Further, no express waiver by either party of a particular breach of these Terms of Service shall be construed or deemed a further or continuing waiver of such provision or term or any other provision or term.
10.5 Binding Agreement, Successors and Assignment
10.6 Choice of Law.
These Terms of Service and your relationship with Peak Profit Global are governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with, the laws applicable in the Province of British Columbia, Canada, and shall be considered to have been made and accepted in British Columbia, Canada, without reference to principles of conflict of laws. For clarity, the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
10.7 Choice of Forum.
All disputes under this Agreement will be resolved by a court located in Vancouver, British Columbia, Canada. Both you and Peak Profit Global agree to submit to the personal jurisdiction and venue of such courts and agree that such forum is convenient.
This policy was last modified on 1-7-2011
Peak Profit Global
1845 Charlesmonte Dr Suite E
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