1. ACCEPTANCE OF TERMS
TRACKIN'YOU Ltd. ("TrekinU") welcomes you. TrekinU provides its service to you subject to the following Terms of Service.
2. DESCRIPTION OF SERVICE
TrekinU provides users with access to a rich collection of travel treks, including geotagging tools, search services, personalized content and several applications (the "TrekinU service"). You understand and agree that TrekinU service may include advertisements and that these advertisements are necessary for TrekinU to provide TrekinU service. You also understand and agree that TrekinU service may include certain communications from TrekinU, such as service announcements, administrative messages and TrekinU Newsletter, and that these communications are considered part of TrekinU membership. You will therefore not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that enhances or augments the current TrekinU service, including the release of new TrekinU services, shall be subject to the Terms of Service. You understand and agree that the service is provided "AS-IS" and that TrekinU assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. It is your responsibility to obtain access to TrekinU service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees that are associated with the display or delivery of advertisements. In addition, you are responsible and must provide for all equipment necessary to access the TrekinU service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the service, you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if TrekinU has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TrekinU has the right to suspend or terminate your account.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
Upon completion of the registration process, you will receive an account designation. You are responsible for maintaining the confidentiality of the password and account and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify TrekinU of any unauthorized use of your password or account or of any other breach of security.
5. MEMBER CONDUCT
You understand and agree that information of any kind, be it data, text, music, sound, photographs, graphics, video, messages, tags, or any other materials ("Content"), whether publicly posted or privately transmitted, are solely the responsibility of the person from whom such Content originated. This means that you, and not TrekinU, are solely responsible for all Content that you upload, post, email, transmit or otherwise make available via TrekinU service. TrekinU does not control the Content posted via TrekinU service and, as such, does not guarantee the integrity, quality or accuracy of such Content. You understand that by using the TrekinU service, you may be exposed to Content that is objectionable, offensive or indecent TrekinU will under no circumstances be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via TrekinU service.
You agree not to use TrekinU service to:
(a) harm minors in any way;
(b) upload, transmit or otherwise make available any Content that is abusive, defamatory, harassing, harmful, hateful or racially, ethnically or otherwise objectionable, invasive of another's privacy, libelous, obscene, unlawful, , threatening, vulgar and tortuous;
(c) upload, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contract;
(d) upload, transmit or otherwise make available any Content that infringes any trade secret, patent, trademark, copyright or other proprietary rights ("Rights") of any party;
(e) Transmit, upload or otherwise make available any material that contains software viruses or any other computer code, files or programs that may or are designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the TrekinU service;
(g) violate intentionally or unintentionally any applicable local, state, national or international law;
(h) interfere with or disrupt TrekinU service or servers or networks connected to TrekinU service, or disobey any requirements, policies, procedures or regulations of networks connected to TrekinU service;
You acknowledge that TrekinU may or may not pre-screen Content, but that TrekinU shall have the right (but not the obligation) at its sole discretion to refuse, pre-screen or remove any Content that is available via TrekinU service. Without limiting the foregoing, TrekinU shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the usefulness, accuracy or completeness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to TrekinU.
You acknowledge, consent and agree that TrekinU may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure are reasonably necessary to:
(a) comply with legal process;
(b) enforce the Terms of Service;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of TrekinU, its users and the public.
You understand that the TrekinU service and software embodied within TrekinU service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by TrekinU and/or content providers who provide content to TrekinU service. You may not attempt to override or circumvent any of the usage rules embedded into TrekinU service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on TrekinU service, in whole or in part, is strictly prohibited.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Being familiar with the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
TrekinU does not claim ownership of Content you submit or make available for inclusion on TrekinU service. However, with regard to Content you submit or make available for inclusion on publicly accessible areas of TrekinU service, you grant TrekinU the following worldwide, royalty-free and non-exclusive license(s), as applicable:
(a) With respect to any Content you submit such as (but not limited to), graphics, audio or video, or make available for inclusion on publicly accessible areas of TrekinU, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on TrekinU service solely for the purposes of providing and promoting the specific TrekinU to which such Content was submitted or made available. This license exists only for as long as you choose to continue including such Content on TrekinU service. This license will terminate at the time you remove or TrekinU removes such Content from TrekinU service.
"Publicly accessible" areas of the TrekinU service are those areas of the TrekinU web sites of properties that are intended by TrekinU to be available to the general public.
8. CONTRIBUTIONS TO TREKINU
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to TrekinU through e-mail, forms or any other communication, you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information;
(b) TrekinU is under no obligation of confidentiality, express or implied, with regard to the Contributions;
(c) TrekinU shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) TrekinU may have something similar to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of TrekinU without any obligation of TrekinU to you; and
(f) you are entitled to no reimbursement compensation or of any kind from TrekinU under any circumstances.
You agree to indemnify and hold TrekinU, affiliates, agents, employees, officers, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, transmit, post, or otherwise make available through TrekinU service, your use of TrekinU service, your connection to TrekinU service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, copy, duplicate, sell, resell, trade, or exploit any portion of TrekinU service, use of TrekinU service, or access to TrekinU service for any commercial purposes.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TrekinU may establish general practices and limits regarding the use of TrekinU service, including, without limitation, the maximum number of days that Content will be retained by TrekinU service, the maximum number of files that will be stored on TrekinU service, the maximum size of any data that may be stored by an account on TrekinU service, the maximum disk space that will be allotted on TrekinU's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. You agree that TrekinU is not responsible or liable for failure to store, or the deletion of any data or other Content maintained. You acknowledge that TrekinU reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TrekinU reserves the right to modify from time to time these general practices and limits.
12. MODIFICATIONS TO SERVICE
TrekinU reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, TrekinU service (or any part thereof) with or without notice. You agree that TrekinU shall not be liable to you or to any third party for any modification, discontinuance or suspension of TrekinU service.
You agree that TrekinU may, under certain circumstances and without prior notice, immediately terminate your TrekinU account. Cause for such termination shall include, but are not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) a request by you, (c) requests by law enforcement or other government agencies, d) discontinuance or material modification to the TrekinU service (or any part thereof), (e) extended periods of inactivity, (f) unexpected technical or security issues or problems, (g) engagement by you in fraudulent or illegal activities. Termination of your TrekinU account includes (a) removal of access to all offerings within the TrekinU service. (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof). Further, you agree that all terminations for cause shall be made at TrekinU's sole discretion and that TrekinU shall not be liable to you or to any third party for any termination of your account, or access to TrekinU service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TrekinU shall not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
TrekinU service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TrekinU has no control over such resources and sites, you acknowledge and agree that TrekinU is not responsible for the availability of such external resources or sites does not endorse and is not liable or responsible for any Content, products, advertising or other materials on or available from such resources or sites. You further acknowledge and agree that TrekinU shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, services or goods available on or through any such site or resource.
16. TREKINU'S PROPRIETARY RIGHTS
You acknowledge and agree that TrekinU service and any necessary software used in connection with TrekinU service ("Software") contain confidential and proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through TrekinU service or by advertisers is protected by copyrights, patents, service marks, trademarks, or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by TrekinU or advertisers, you agree not to create, distribute, lease, loan, modify, rent, or sell derivative works based on TrekinU service or the Software, in whole or in part.
TrekinU grants you a personal, non-exclusive and non-transferable right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) create a derivative work from, copy, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the service. You agree not to access TrekinU service by any means other than through the interface that is provided by TrekinU for use in accessing the service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF TREKINU SERVICE IS AT YOUR SOLE RISK. TREKINU SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TREKINU, AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) TREKINU, AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) TREKINU SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TREKINU SERVICE WILL BE ACCURATE OR RELIABLE; (iii) TREKINU SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iv) THE QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH TREKINU SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TREKINU SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TREKINU OR THROUGH OR FROM TREKINU SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
(e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING TREKINU SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING TREKINU SERVICE. IMMEDIATELY DISCONTINUE USE OF TREKINU SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING TREKINU SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TREKINU, AGENTS, AFFILIATES, EMPLOYEES, OFFICERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TREKINU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE TREKINU SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM TREKINU SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON TREKINU SERVICE; OR (v) ANY OTHER MATTER RELATING TO TREKINU SERVICE.
19. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this agreement.
20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
TrekinU respects the intellectual property of others, and we ask our users to do the same. Please refer to TrekinU Copyright and Intellectual Property Policy