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[Home]Trackle Terms of Use
Trackle, a service of the Soruka Corporation, (“Trackle”, “us”, or “we”) offers the beta version of its online tracking services that allows Users (as defined below) to track information (each such tracked information, a “Tracklet”) on the Internet through a centralized service and to share the tracking information with other Users (the “Tracking Service”) through the Trackle website located at http://www.trackle.com (the “Site”). The Tracking Service and Site are collectively referred to herein as the “Trackle Services”.
This Terms of Use agreement (“Agreement”), including the Trackle privacy policy that can be found at http://www.trackle.com/about/privacy and that is hereby incorporated into this Agreement by reference, sets forth the legally binding terms for your use of the Trackle Services. By accessing and using the Trackle Services, you agree to comply with and be bound by this Agreement, whether you are visiting the Site (”Visitor”) or you are a “Subscriber” (which means that you have registered on the Site and created an Account (as defined below)). The term “User” refers to both Visitors and Subscribers. If you are an individual using the Trackle Services on behalf of a company, you represent and warrant that you have all necessary authority to bind your company to the terms and conditions of this Agreement.
If you sign up for additional features and services that are governed by additional terms and conditions, we will inform you accordingly when you sign up for these additional features and services. Unless otherwise provided by the additional terms and conditions, they are hereby incorporated into this Agreement by reference.
Please read this Agreement carefully before using the Trackle Services or parts thereof. This Agreement is a legally binding agreement between you (the individual using the Trackle Services or the company (if any) for which they are used) and Trackle.
1. Your Trackle Account
The Tracking Services require you to create an account on the Site (“Account”) and thereby become a Subscriber.
1.1 Eligibility. By creating or using an Account, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older upon registration; and (d) your use of the Account and Trackle Services does not violate any applicable law or regulation, or any other obligation (including contractual obligation) you might have towards third parties. Any Account you have created by registering on the Site may be deleted (including any Content you may have provided in connection with such Account) without warning if we believe that any representation and warranty you make hereunder is breached or inaccurate.
1.2 Password. When you sign up to become a Subscriber, you will also be asked to choose a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account or password of another Subscriber at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password and you are solely responsible for any and all use of your Account.
1.3 Fees. The beta version of the Trackle Services are provided to you by Trackle free of charge, but you may incur costs in connection with your access of the Internet or when receiving SMS alerts, if you have decided that you want such SMS alerts. Please contact your Internet Service Provider and/or provider of cell phones services to learn more about such costs.
1.4 Term and Termination. This Agreement shall remain in full force and effect (a) while you are using the Site, if you are a Visitor, and (b) for the duration of your Subscribership, if you are a Subscriber. You may delete your Account and end your Subscribership at any time, for any or no reason by selecting the respective option in the settings of your Account; please note that even if you delete your Account but continue to use the Trackle Services as a Visitor, your use of the Trackle Services is still subject to this Agreement. We may terminate your Subscribership for any or no reason at any time by ceasing to provide the Trackle Services to you. You understand that termination of this Agreement and the Account you have created with us may involve deletion of your Account information from our live databases. We will not have any liability whatsoever to you for any termination of your Account or related deletion of your information. Trackle reserves the right at any time and for any reason and at its sole discretion to modify, discontinue, or suspend the Trackle Services with or without notice in any form.
2. Ownership; Use of Trackle Services; Licenses
2.1 Services Content. The Trackle Services contain Content provided by us and our licensors (“Services Content”). We or our licensors own and retain all proprietary rights in the Services Content. Provided you are a User, and subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to view, copy and print Services Content from the Services solely for your personal use in connection with using the Trackle Services. “Content” means any work of authorship or information, including Tracklets and other tracking information, images, photos, comments, uniform resource locators (URLs), opinions, postings, messages, text, files, e-mail, or other materials.
2.2 Your Grant. We do not claim ownership in any Content that you upload, provide, make available, or otherwise transfer (“post”) to the Trackle Services, but to be able to legally provide our Users with the Trackle Services, we have to have certain rights to use such Content in connection with the Trackle Services, as set forth below. In return, we also grant you certain use rights as set forth in Section 2.1 to the Services Content that we (or our licensors) own and use to provide the Trackle Services to you and other Users. By posting any Content on the Trackle Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to reproduce, distribute, publicly perform and display, create derivative works of, and otherwise use such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you post to the Trackle Services. You should only post Content to the Trackle Services that you are comfortable sharing with others under the terms and conditions set forth herein. You represent and warrant that: (a) you own the Content posted by you on the Trackle Service or otherwise have the right to grant the license set forth in this Agreement and (b) your Content does not violate the rights, including privacy rights, publicity rights, or copyright rights of any person.
2.3 Trackle Services - Ownership and Restrictions. You acknowledge that all the intellectual property rights in the Trackle Services are owned by Trackle, or Trackle’s licensors. Except as expressly allowed hereunder, you agree not to (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Trackle Services and (b) rent, lease, loan, or sell access to the Trackle Services.
3. Content and other Users
3.1 Responsibility. You are solely responsible for any and all Content that is posted through your Account on the Trackle Services and for your interactions with other Users. Your interactions with other Users on or through the Trackle Services are solely between you and the other User and not between you and Trackle You agree that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of information about you or Content that you have provided to publicly available sections of the Trackle Services. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.
3.2 Third Party Content. Content from other Subscribers and other third parties is made available to you through the Trackle Services. Because we do not control such Content from third parties, (a) you agree that we are not responsible for any such Content and (b) we make no guarantees about the completeness, correctness, accuracy, currency, suitability, safety, or quality of Content provided by third parties, and we assume no responsibility for unintended, objectionable, incomplete, incorrect, inaccurate, obsolete, inadequate, insecure, misleading, or unlawful Content made available by other Subscribers and third parties. Your use of Content that was provided by third parties is solely at your own risk.
4. Acceptable Use and Conduct
4.1 Lawful Use. You will use the Trackle Services in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. You will not attempt to impersonate another User or person, including any of our employees. You shall not use any information obtained from the Trackle Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
4.2 Prohibited Content. You agree that you will not post any Prohibited Content or use any Prohibited Content in connection with the Trackle Services. “Prohibited Content” is Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated images, music, videos, or movies, or links to such pirated images, music, videos, or movies; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (xi) otherwise violates the terms of this Agreement or creates liability for us or Users. Prohibited Content is also Content that links to the Prohibited Content listed above.
4.3 No Disruption. You will not: (i) interfere with, disrupt, modify, or create an undue burden on the Trackle Services, any data of the Trackle Services, or the networks or services connected to the Trackle Services or (ii) introduce software or automated agents to the Trackle Services, or access the Trackle Services so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Trackle Services.
4.4 Enforcement by Trackle. Any use of the Trackle Services in violation of this Agreement may result in, among other consequences, termination or suspension of your rights to use the Trackle Services. We may disclose information about your use of the Trackle Services in accordance with our privacy policy. We reserve the right (but have no obligation) to (a) investigate, terminate your Subscribership and Account, report you to law enforcement authorities, or take appropriate legal action in our sole discretion against you if we believe that you violate this Agreement and (b) review any Content and delete (or modify) any Content that in our sole discretion violates this Agreement or is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User.
5. Third-Party Websites
The Trackle Services may contain links to third-party websites (“Third-Party Websites”) (a) placed by us as a service to those interested in this information; or (b) posted by other Subscribers in connection with their sharing of tracking information. You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. When you leave the Site, our terms and policies no longer govern.
6. Disclaimers
THE TRACKLE SERVICES AND ANY CONTENT THAT IS AVAILABLE THROUGH THE TRACKLE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE TRACKLE SERVICES AND ANY CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE TRACKLE SERVICES AND ANY CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TRACKLE SERVICES AND ANY CONTENT WILL BE ACCURATE, RELIABLE, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation on Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE TRACKLE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE TRACKLE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS ($50).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8. Miscellaneous
8.1 Amendments. This Agreement may be modified by us from time to time. If we make material changes to the Agreement, we will notify you by sending an e-mail to your e-mail address, as specified in your Account. You agree that such amended Agreement will be effective fifteen (15) days after being sent to you, and your continued use of the Trackle Services after that time shall constitute your acceptance of the amended Agreement.
8.2 Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
8.3 Release. To the maximum extent permitted by applicable law, you hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is directly or indirectly related to or arises from any interactions with other Users. If you are a California resident, you waive your rights, whether known or unknown, under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
8.4 Survival. The provisions under Sections 2.2, 3, 4, 5, 6, 7, and 8 will survive expiration or termination of this Agreement for any reason.
8.5 Indemnity. You agree to defend, indemnify, and hold us, our 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 Trackle Services and arising from your breach of any provision of this Agreement.
8.6 Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts located within Santa Clara County and the federal courts in the Northern California. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
8.7 Other. This Agreement constitutes the entire agreement between you and us regarding the use of the Trackle Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect; as used in the Agreement, the word “including” means “including but not limited to”. Please contact us with any questions regarding this Agreement by e-mailing us at: info@soruka.com
8.8 Disclosures. Under California Civil Code Section 1789.3, Users who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Trackle Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254.
8.9 Copyright/Trademark Information. Copyright © 2008, Soruka Corporation. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Trackle Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.
