License to Use Website
Unless otherwise stated, peakally.com and / or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You must not:
●Republish material from this website (including republication on another website), sell, rent or sub-license material from the website
● Show any material from the website in public
● Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
● Edit or otherwise modify any material on the website
● Redistribute material from this website except for content specifically and expressly made available for redistribution
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Peakally.com's express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Peakally.com's express written consent.
You grant to Peakally.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Peakally.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Peakally.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Peakally.com reserves the right to edit or remove any material submitted to this website, or stored on Peakally.com's servers, or hosted or published upon this website.
This website is provided "as is" without any representations or warranties, express or implied. Peakally.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Peakally.com does not warrant that:
● This website will be constantly available, or available at all; or
● The information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of Liability
Peakally.com will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
● To the extent that the website is provided free-of-charge, for any direct loss
● For any indirect, special or consequential loss
● For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Peakally.com has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Peakally.com's liability in respect of any:
● Death or personal injury caused by Peakally.com's negligence
● Fraud or fraudulent misrepresentation on the part of Peakally.com
● Matter which it would be illegal or unlawful for Peakally.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Peakally.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Peakally.com's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Peakally.com's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Peakally.com
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Law and Jurisdiction
Last Modified: 9/5/2013