Last Updated April 7, 2017
1.2 Trackwiki reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on our Site or mobile application. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Trackwiki as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. IF AT ANY TIME THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SERVICE.
1.3 The Service is directed to adults and is not directed to children under the age of 13. You must be 13 years of age or older to use the Service. Trackwiki complies with the Children’s Online Privacy Protection Act and does not knowingly collect personally identifiable information from anyone under age 13. By registering for the Service, you represent and warrant that you are 13 years of age or older.
2. Use of Content
2.1 You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material of Trackwiki (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of Trackwiki or third parties. All Content on the Service is copyrighted as a collective work of Trackwiki pursuant to applicable copyright law.
2.2 You may post on the Service only content owned by you (such as your original statements or video clips), content for which you have received express permission from the owner, and content in the public domain (collectively, the “Material”). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to Trackwiki and its successors, assigns and licensees (collectively, “Licensee”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Service) to do any of the foregoing with further right of sublicense (the “License”), without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee’s rights under the License shall not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right).
2.3 Except as expressly permitted in Section 2.4 of this Agreement, you may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material, in whole or in part. Content or Material consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Service, the Content, or the Material, including features that prevent or restrict use or copying or that enforce limitations on use.
2.4 You may download, copy and make personal, non-commercial use of the Content and use that is permitted by Sections 107 through 122 of the United States Copyright Act of 1976, as amended (“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
2.5 It is your responsibility to check the accuracy or relevant facts and opinions given on the Site or mobile application before entering into any commitment based upon them.
3. Rules of Conduct
Trackwiki may investigate any illegal and/or unauthorized use of the Service and appropriate legal action may be taken, including without limitation, termination of your right to access the Service, and civil, criminal, and injunctive redress. The following is an incomplete list of illegal and prohibited uses of the Service. While utilizing the Service, you may not:
- use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
- post on the Service any links to any external Internet Site or mobile applications that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
- use any robot, spider, Site or mobile application search and/or retrieval application, or other device to retrieve or index any portion of the Service;
- reformat or frame any portion of any web page that is part of the Service;
- post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- submit any Material that falsely implies sponsorship of that Material by the Service and/or Trackwiki, falsify or delete any author attributions in any Content or Materials, or promote any information that you know is false or misleading;
- transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Service;
- submit Material that violates the rights of others, such as Material that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user, by linking or any other method, to the content of a third party without the third party’s written consent;
- promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
- submit Material that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful or promotes or encourages illegal activity.
4. Managing Content and Material
Trackwiki reserves the right to delete, move or edit any Content or Material that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable for any reason. However, Trackwiki does not and cannot review all of the Material posted by users on the Service and is not responsible for such Material. Trackwiki shall have the right, but not the obligation, to correct any errors or omissions in any Content or Material, as it may determine in its sole discretion. You shall remain solely responsible for all Material. Although Trackwiki reserves the right to remove any offending Content or Material on the Service, you understand and agree that you nonetheless may be exposed to such Material and that you waive your right to any damages (from any party) related to such exposure.
5. No Endorsement
5.1 Trackwiki does not represent or endorse the accuracy or reliability of any Content or Material posted on the Service and you acknowledge that any reliance upon such Content or Material shall be at your sole risk. Any Content or Material placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of Trackwiki.
5.2 The Service may contain links to Sites or mobile applications on the Internet which are owned and operated by third parties (the “External Site or mobile application”). These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. You acknowledge that Trackwiki is not responsible for the availability of, or the content located on or through, any External Site or mobile application. Trackwiki’s inclusion of links to such External Site or mobile application does not imply any endorsement of the content or material on such External Site or mobile application or any association with the owner or operator thereof. You should contact the External Site or mobile application administrator or webmaster for the External Site or mobile application if you have any concerns regarding such links or the content located on such External Site or mobile application.
You agree to indemnify, defend and hold Trackwiki and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Trackwiki Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any Trackwiki Party in connection with any Material or with use or alleged use of any Content or the Service, including any use under your password by any person, whether or not authorized by you. Trackwiki reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Trackwiki’s defense of such claim.
7. Termination of Service
7.1 Trackwiki may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content or Material (including the discussion areas), without prior notice or liability.
7.2 Trackwiki reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the discussion areas, at any time for any reason without prior notice or liability.
8. Copyright Policy
You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please contact the editor of the product located in the “Contact Us” section of the Site or mobile application with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site or mobile application; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
9. Disclaimer of Warranties; Limitation of Liability.
9.1 NEITHER TRACKWIKI NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE CONTENT OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES TRACKWIKI, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NONE OF TRACKWIKI, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER TRACKWIKI NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
9.2 You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the Content is assumed solely by you. You specifically acknowledge that Trackwiki is not responsible or liable for any unauthorized access to or alteration of your Materials, data or other transmissions entered into through the Service or for any threatening, defamatory, obscene, offensive or illegal Content or Material or for conduct of any other party or for any infringement of another’s rights.
9.3 Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using the Service. Consult your physician prior to using the Service if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the Service immediately if you experience any such symptoms.
9.4 NEITHER TRACKWIKI, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.5 Your sole remedy for dissatisfaction with the Service or hyperlinked websites is to stop using the Service, External Site or mobile application.
9.6 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Trackwiki, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
10. User Disputes
You are solely responsible for your interactions with other Users of the Service. Trackwiki reserves the right, but has no obligation, to monitor interactions or disputes between you and other Users.
11. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
12.1 While efforts have been taken to ensure that the pages on the Site or mobile application are free from viruses, Trackwiki gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.
12.2 Trackwiki excludes, in so far as it is legally responsible, all liability and responsibility for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of (a) the pages on the Site or mobile application or any other Internet Site or mobile applications; (b) any material downloaded from the Site or mobile application or any other Internet Site or mobile application; or (c) any publication, product or service.
13. Miscellaneous; Jurisdiction of Disputes
This Agreement shall be construed in accordance with the laws of the State of California, without reference to principles of choice of law. You and Trackwiki each irrevocably consent to the personal jurisdiction of the federal or state courts located in Orange County, California (the “Courts”) with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Service (including without limitation any Content or Material) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non conveniens or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (a) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (b) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (c) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
Trackwiki.com, Inc is a California corporation whose office is at Irvine, CA 92617 USA.
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