Terms and Conditions & User Agreement
By signing up for the Pro Planet People service (“Service”) or any of the services of Pro Planet People or World Funk LLC (“Pro Planet People”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Pro Planet People under the Terms of Service include products and services to help you create and manage learning courses, locations, schools, farms, personal profiles or Content (“Services”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service.
Pro Planet People reserves the right to update and change the Terms of Service by posting updates and changes to the Pro Planet People website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
before you become a Pro Planet People user.
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must sign-up for a Pro Planet People account (“Account”) by providing your full legal name, a valid email address, and any other information indicated as required. Pro Planet People may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that Pro Planet People will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Pro Planet People cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Pro Planet People Account (“Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Pro Planet People will result in an immediate termination of your services.
- Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
before you may become a member of Pro Planet People.
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Florida and the laws of USA applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Florida with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that Pro Planet People may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Pro Planet People’s website, available at terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Pro Planet People’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Pro Planet People service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of USA and the State of Florida. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Pro Planet People.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Pro Planet People or Pro Planet People trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- The parties have required that the Terms of Service and all documents relating thereto be drawn up in English.
Pro Planet People Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Pro Planet People customer, Pro Planet People employee, member, or officer will result in immediate Account termination.
- Pro Planet People does not pre-screen Content and it is in our sole discretion to refuse or remove any Content that is available via the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Pro Planet People employees and contractors may also be Pro Planet People customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Pro Planet People retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Pro Planet People reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
Limitation of Liability
- You expressly understand and agree that Pro Planet People shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- You agree to indemnify, defend and hold Pro Planet People, its affiliates, subsidiaries, directors, officers, employees and suppliers (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims and any related liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your breach of the terms and conditions of this Agreement.
- In no event shall Pro Planet People or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold the Indemnified Person(s) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Pro Planet People does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Pro Planet People does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Pro Planet People does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Waiver and Complete Agreement
The failure of Pro Planet People to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Pro Planet People and govern your use of the Service, superseding any prior agreements between you and Pro Planet People (including, but not limited to, any prior versions of the Terms of Service).
Intellectual Property and Customer Content
- You retain any copyright that you may have in Your Content.
- You hereby agree that Your Content:
- is hereby licensed under the Creative Commons Attribution Non-Commercial 4.0 License and may be used under the terms of that license or any later version of a Creative Commons Attribution License, or
- is in the public domain (such as Content that is not copyrightable or Content you make available under CC0), or
- if not owned by you, (i) is available under a Creative Commons Attribution Non-Commercial 4.0 License or (ii) is a media file that is available under any Creative Commons license or that you are authorized by law to post or share through any of the Services, such as under the fair use doctrine, and that is prominently marked as being subject to third party copyright.
Payment of Fees
- Pro Planet People may charge You the mutually agreed fees for the use of the Service. If any fees are chargeable for the Service, they shall be charged from You monthly or at other mutually agreed intervals.
- Unless and to the extent expressly indicated otherwise, listed fees and any amounts payable are net amounts exclusive of possibly applicable sales tax, or any other applicable taxes and charges imposed by any government entity in connection with Your use of the Service. You are liable for any any such taxes and charges.
- If a payment is late from its due date, then Pro Planet People has the right to suspend the provision of the Service temporarily until the payment is made.
- Pro Planet People reserves the right to change pricing when needed. Pro Planet People shall notify You of a change in the fees charged for the Service at least 30 days in advance and You should wish not to accept the change in fees,
- Pro Planet People does not provide refunds.
- Upgrades, such as Profiles above level 1, Featured items and location listings are yearly and will expired on day 366 from date of purchase.
- If user changes a date for a course and the change is a 30 day difference, the user must pay again for the course listing.
Cancellation and Termination
- You may cancel your Account at anytime by emailing email@example.com and then following the specific instructions indicated to you in Pro Planet People’s response.
- Upon termination of the Services by either party for any reason:
- Pro Planet People will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to Pro Planet People for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your Content will be taken offline.
- If at the date of termination of the Service, there are any outstanding Fees owed by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the Pro Planet People Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Pro Planet People may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days notice from Pro Planet People. Such notice may be provided at any time by posting the changes to the Pro Planet People Site (proplanetpeople.com) or the administration dashboard of your Pro Planet People via an announcement.
- Pro Planet People reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- Pro Planet People shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Third Party Services
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Pro Planet People’s partners or other third parties.
- Pro Planet People may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Pro Planet People’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that Pro Planet People has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Pro Planet People’s websites, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Pro Planet People. Pro Planet People strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Pro Planet People is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.
- Under no circumstances shall Pro Planet People be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Pro Planet People has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
DMCA Notice and Takedown Procedure
Pro Planet People supports the protection of intellectual property and asks Pro Planet People merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Pro Planet People’s designated agent using our form or email firstname.lastname@example.org. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form or email@example.com if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile;
- Use the Services in a professional manner.
You agree that you will not:
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
- Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Pro Planet People);
- Use an image that is not your likeness or a head-shot photo for your profile;
- Create a false identity on Pro Planet People;
- Misrepresent your current or previous positions and qualifications;
- Misrepresent your affiliations with a person or entity, past or present;
- Misrepresent your identity, including but not limited to the use of a pseudonym;
- Create a Member profile for anyone other than yourself (a real person);
- Invite people you do not know to join your network;
- Use or attempt to use another’s account;
- Harass, abuse or harm another person;
- Send spam or other unwelcomed communications to others;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Violate the intellectual property or other rights of Pro Planet People, including, without limitation, using the word “Pro Planet People” or our logos in any business name, email, or URL.
- Use Pro Planet People invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact;
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Pro Planet People;
- Send messages to distribution lists, newsgroup aliases, or group aliases;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
- Create profiles or provide content that promotes escort services or prostitution.
- Creating or operate a pyramid scheme, fraud or other similar practice;
- Copy or use the information, content or data of others available on the Services (except as expressly authorized);
- Copy or use the information, content or data on Pro Planet People in connection with a competitive service (as determined by Pro Planet People);
- Copy, modify or create derivative works of Pro Planet People, the Services or any related technology (except as expressly authorized by Pro Planet People);
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
- Imply or state that you are affiliated with or endorsed by Pro Planet People without our express consent (e.g., representing yourself as an accredited Pro Planet People trainer);
- Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
- Sell, sponsor, or otherwise monetize any feature of the Services, without Pro Planet People’s consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on Pro Planet People without Pro Planet People’s consent;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
- Remove, cover or obscure any advertisement included on the Services;
- Collect, use, copy, or transfer any information obtained from Pro Planet People without the consent of Pro Planet People;
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Access the Services except through the interfaces expressly provided by Pro Planet People, such as its mobile applications, proplanetpeople.com;
- Override any security feature of the Services;
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);