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Tracking.TV - | Terms of use |
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Tracking.TV is a web service provided by Tracking Shot, Inc. If you are interested in creating content from your photos, music, and video clips, check out the Tracking Shot site
BY USING ANY SERVICE OR SOFTWARE PROVIDED BY TRACKING SHOT YOU AGREE TO BE BOUND BY THESE TERMS OF USE. THESE TERMS OF USE APPLY TO YOUR USE OF THE SERVICE AND ANY SOFTWARE PROVIDED BY SMILEBOX TO YOU:
Tracking Shot may monitor or review your conduct on any of the services offered by Tracking Shot (referred to collectively as the "Service").
In using the Service you agree not to:
You understand and agree that you may be exposed to content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Tracking Shot be liable in any way for any content posted by any user or third party. Tracking Shot does not control the content posted by users via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content.
If you choose to open an account with Tracking.TV you must provide truthful and accurate information in creating your Tracking.TV account. Tracking.TV reserves the right to limit the number of accounts a user can establish on the sites. This limit may change over time at Tracking.TV's discretion. Tracking.TV requires all users to be over the age of 18. Tracking.TV and you both have the right to terminate or cancel your account or a particular subscription at any time. Tracking.TV has no obligation to provide a refund in the event that your account or a particular subscription is terminated or canceled.
Some of the information we collect from you may be personally identifiable information. We will comply with our Privacy Policy at all times with respect to this information. You are solely responsible for all activity on your account and you may not reveal your password to other users. (If you forget your password, you can tell us your reminder words and we will send you your password.)
We do offer some "premium" content and service features, and subscriptions for a fee. We will inform you if you are required to pay a fee for the service or feature you are interested in and if you proceed you will be obligated to pay the fees presented to you. PLEASE KEEP IN MIND THAT ANY FEES YOU PAY ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. As the account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account.
Tracking.TV reserves the right to change our fees or billing methods at any time and will provide notice of any such change at least thirty (30) days in advance. All changes will be posted on Tracking.TV and you are responsible for reviewing the billing section of Tracking.TV to obtain timely notice of such changes. Your continued use of the Service thirty (30) days after posting of the changes on Tracking.TV means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Tracking Shot will not refund any fees. If your use of our services is subject to use or sales tax, then Tracking.TV may also charge you for any such taxes.
We only accept payment via credit or debit card. When you provide credit or debit card information to Tracking.TV you represent that you are the authorized user of the card. Each month that you have a Tracking.TV account, you agree and reaffirm that Tracking.TV is authorized to charge your credit or debit card for the subscription fee. You agree to promptly notify Tracking.TV of any changes to your credit or debit card account number, its expiration date and/or your billing address, and you agree to promptly notify Tracking.TV if your credit or debit card expires or is canceled for any reason.
We may, from time to time, offer free trials. Please be aware that if you accept a free trial we will begin to bill your account for that feature or subscription when the free trial expires, unless you cancel it before that time; or if you agree to terms of any other promotion associated with it.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Tracking.TV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Tracking.TV MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT Tracking.TV DOES NOT CONTROL CONTENT, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Tracking.TV BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Tracking.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Tracking.TV?s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed amounts paid to it by you over the prior 12 months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree to indemnify and hold Tracking.TV harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of these Terms of Use by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.
The term of this Agreement will commence upon your use of the Service and will survive even after you have stopped using the Service.
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware. You agree to submit to the exclusive jurisdiction of the courts of the State of Delaware, provided, however, that Tracking.TV, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to your use of the Service through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Seattle, D elaware, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the this Terms of Use or the software license agreement you may enter into with Tracking.TV prior to downloading Tracking.TV software (the "EULA") is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Tracking.TV's failure to exercise or enforce any right or provision of this Terms of Use or EULA shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Tracking.TV in writing. You and Tracking.TV agree that any lawsuit arising out of or related to the Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred.
Unless otherwise provided, Tracking.TV may change the Terms of Use or the EULA at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this Terms of Use or the EULA, Tracking.TV may notify you via e-mail, and/or by posting an announcement of the changes on the Service. By using the Service after any change you acknowledge and accept the changes.
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