TRACKINO TERM OF SERVICE AGREEMENT
By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
This Agreement will remain in full force and effect while you use the Services. By accessing, using or downloading any materials from the Services, you agree to follow and be bound by the Terms, which may be updated by Trackino at any time without notice to you. Trackino and its third party providers may make improvements and/or changes in the Services, Web Site and Applications described in these Terms at any time without notice. The Services are not intended for and are not designed to attract children under 13 years of age. If you do not agree with the Terms, please do not use these Services. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.
NON COMMERCIAL USE BY MEMBERS
The Services are intended only for personal and noncommercial use. Unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to the Services. You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While Trackino may recommend the equipment or materials of certain third party suppliers, Trackino shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.
You agree that Trackino may, under certain circumstances and without prior notice, discontinue and / or terminate any and all Services at any time and without prior notice. Cause for such termination shall include, but not be limited to, (1) breaches or violations of the Terms or other incorporated agreements or guidelines, (2) requests by law enforcement or other government agencies, (3) a request by you (self-initiated account deletions), (4) discontinuance or material modification to the Services (or any portion thereof), (5) unexpected technical or security issues or problems, (6) extended periods of inactivity, and/or (7) nonpayment of any fees owed by you in connection with the Services. Termination of the Services may include removal of access to all offerings within the Services, deletion of your information, files and Content associated with or inside your account, and barring of further use of the Services. Further, you agree that all terminations shall be made in Trackino's sole discretion and that Trackino shall not be liable to you or any third party for any termination the Services. You understand and agree that some of your User Generated Content, which is displayed outside your profile, in feeds, in other parts of the Services, or on other platforms (e.g., Facebook, Twitter etc.), may continue to appear on the Services or on other platforms even after your User Generated Content is removed or your account is terminated.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Services or its contents. You agree to immediately notify Trackino of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to Trackino.
You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, available in connection with the Services are the sole responsibility of the person from whom such Content originated. This means that you, and not Trackino, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Trackino does not control or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Trackino 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 on the Services.
You agree to not use the Services to: (1) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (2) harm minors in any way; (3) impersonate any person or entity, including, but not limited to, a Trackino official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (4) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (5) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (6) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (7) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (8) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; and/or (9) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the Services or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Services. You acknowledge that Trackino may or may not pre-screen or monitor Content, but that Trackino and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Services. Without limiting the foregoing, Trackino and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Trackino may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the Terms; (3) respond to claims that any Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of Trackino, its users and the public. Subject to the foregoing, Trackino will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
Trackino does not claim ownership of Content you may submit or make available for inclusion on the Services. However, with respect to Content you submit or make available for inclusion on the Services (other than User Data or Payment Method information), you grant Trackino a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the Services for the purposes of providing and promoting the Services.
The Services may provide you with the option of making certain Content that you submit to the Services as private or available only to select users of the Services. If, upon submission of Content to the Services, you initially elect to mark such Content as private or available for a limited group of users, Trackino will maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made generally available, Trackino can not and does not guarantee the privacy of such Content.
NO MEDICAL ADVICE ON PHYSICAL ACTIVITY
Trackino's Services may include features that promote physical activity. However, you understand and agree that Trackino do not provide medical advice through the Services. You need to consider the risks involved and may need to consult with your medical professional before engaging in any physical activity. Trackino is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the Services, delay or negligence in seeking medical advice from your medical professional.
Trackino is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by any of the equipment or programming associated with or utilized in the Service. Trackino assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or communications. Trackino is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Trackino be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site, accessed trough the Web site. The Web site and the Service are provided "AS-IS" and Trackino expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Trackino cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons.
You agree to indemnify and hold Trackino, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Trackino and any User of the Service.
LIMITATION ON LIABILITY
In no event will Trackino be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Trackino has been advised of the possibility of such damages.
Services are rendered to you under and in accordance with French law. If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of France without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in France.
This Agreement, accepted upon use of the Web site, contains the entire agreement between you and Trackino regarding the use of the Web site and/or the Service. The failure of Trackino to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Last revised on November 24, 2012