Terms of service
(LAST UPDATED January 31, 2020)
By accessing or using the Traxplorio website, the Traxplorio service, or any applications (including mobile applications) made available by Traxplorio (together, the “service”), however accessed, you agree to be bound by these terms of service. (“Terms of service”). The service is owned or controlled by Traxplorio UG (haftungsbeschränkt) (“Traxplorio”) These Terms of service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of service, do not access or use the Service.
By accessing the Traxplorio Service and/or by clicking “I agree”, you agree to be bound by these Terms of service. You hereby represent and warrant to Traxplorio that you are at least eighteen (18) years of age or and otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following Terms and Conditions. If you use the Traxplorio Service on behalf of a business, you hereby represent to Traxplorio that you have the authority to bind that business and your acceptance of these Terms of service will be treated as acceptance by that business. In that event, “you” and “your” will refer to that business in these Terms of service.
When using the Traxplorio Service, you will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the “Policies”). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms of Service and any other document that has been incorporated by reference herein, these Terms of Service shall control.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of service. In those cases, the terms specific to the feature control to the extent there is a conflict with these Terms of service.
- You must be at least 18 years old to use the Service.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Traxplorio prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Traxplorio upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other Traxplorio users.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service.
- You must not access Traxplorio’s private API by means other than those permitted by Traxplorio. Use of Traxplorio ‘s API is subject to a separate set of terms available here: (insert link to (“API Terms”).
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Traxplorio users.
- You must not use domain names or web URLs in your username without prior written consent from Traxplorio.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Traxplorio page is rendered or displayed in a user’s browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of service or any other Traxplorio terms.
- Violation of these Terms of service may result in termination of your Traxplorio account. You understand and agree that Traxplorio cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of service, or otherwise create risk or possible legal exposure for Traxplorio, we can stop providing all or part of the Service to you.
17.The time zone used for all processes and services on the website is GMT/UTC +0
- Traxplorio reserves the right, at Traxplorio’ discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Traxplorio Service. Please check these Terms and any Policies periodically for changes. Your continued use of the Traxplorio Service after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or fees will automatically be effective twenty (20) days after they are initially posted on the Traxplorio Service.
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Traxplorio account by logging into the Service and completing the form available. If we terminate your access to the Service or you use the form to deactivate your account, your photos, comments, videos, likes, friendships, itineraries and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been re-shared by others).
- Upon termination, all licenses and other rights granted to you in these Terms of service will immediately cease.
- We reserve the right, in our sole discretion, to change these Terms of service (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of service and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of service will govern any disputes arising before the effective date of the Updated Terms.
- We reserve the right to force forfeiture of any username for any reason.
- We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of service.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Traxplorio is not responsible or liable for the conduct of any user. Traxplorio reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
- There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Traxplorio does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Traxplorio is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Traxplorio has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Traxplorio Parties (defined below) harmless for activity related to the Application.
- You agree that you are responsible for all data charges you incur through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols).
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
- Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Traxplorio may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
- You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of service; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of service in your jurisdiction.
- The Service contains content owned or licensed by Traxplorio (“Traxplorio Content”). Traxplorio Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Traxplorio, Traxplorio owns and retains all rights in the Traxplorio Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Traxplorio Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Traxplorio Content.
- The Traxplorio name and logo are trademarks of Traxplorio, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Traxplorio. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Traxplorio, and may not be copied, imitated or used, in whole or in part, without prior written permission from I Traxplorio.
- Although it is Traxplorio ‘s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Traxplorio reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Traxplorio, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Traxplorio encourages you to maintain your own backup of your Content. In other words, Traxplorio is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Traxplorio will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
- You agree that Traxplorio is not responsible for, and does not endorse, Content posted within the Service. Traxplorio does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of service, you may bear legal responsibility for that Content.
- It is Traxplorio ‘s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Traxplorio does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Traxplorio is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
- Joining the Gadget Lottery is free of charge. However, there are some requirements for participation:
(i) The user must request verification and be approved by Traxplorio.
(ii) The user must have shared at least one post in the last three months
(iii) A user needs a total of 3 posts, with the most recent one not being older than 3 months.
- There are three different types of lottery
2.1. Free for All: Every eligible user ( see section “Gadget Lottery” 1.), can participate with one entry. Eligibility requirements for this type lottery are outlined in sections 1. (i) and (ii).
2.2. One Third: Every eligible user (see Section “Gadget Lottery” 1.), has up to three tickets to join this Lottery. One ticket for being a user of the Traxplorio Service with an Account less than one year old, one ticket for meeting the requirements outlined in sections1. (i) and (ii), and one ticket for meeting the requirements outlined in section (iii).
2.3. Premium: Every user eligible to join, (see section “Gadget Lottery” 1.), has one ticket to join the Lottery. Requirements for eligibility are outlined in sections 1. (i), (ii) and (iii).
- Winner Selection: The raffle will end at 12am (GMT+1) of the first day of a month and the winner will be announced soon after the raffle end date. The winner will be chosen in a random draw and will be notified by email.
- Verification of Winner: All potential winners are subject to verification by Traxplorio, whose decisions are final and binding in all matters related to the Lottery. An entrant is not a winner, unless and until the entrant’s eligibility has been verified and the entrant has been notified that verification has been completed. Traxplorio will not accept photographs or other evidence of winning in lieu of its validation process. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent on fulfilling all requirements. The potential winner will be notified by email. Each potential winner will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (“Affidavit”) (except where prohibited), which must be received by Traxplorio within thirty days of notice or attempted notice, in order to claim the prize. If a potential winner of the prize cannot be contacted, fails to sign and return the Affidavit within the required time period (if applicable), or the prize is returned as undeliverable, the price is forfeited. In the event the prize winner is disqualified for any reason, Traxplorio will award the prize to an alternate winner by random draw among all remaining eligible entries.
- Shipping Costs for Gadget delivery: If a winner is located in one of the countries listed beneath the lottery product picture, the delivery will be free of charge. Every winner outside of those countries has to either full pay for all shipping costs or forfeit the prize. If a prize is forfeit, Traxplorio will award the prize to an alternate winner by random draw among all remaining eligible entries.
- Gadget Review: When joining a Lottery with a specific “Review until” time limit, the user agrees that he will write about his experiences with that product on the Traxplorio Service before that time limit expires. The format of the review is mostly set by Traxplorio Service. If a winner doesn’t post a review in the appropriate time, Traxplorio has the right to determine appropriate measure such as account suspension, account deletion, suspension from future gadget lotteries, and legal actions for breach of contract, among others
- Traxplorio reserves the right to make changes to the Gadget Lottery. Furthermore, Traxplorio reserves the right to withhold winnings.
- Definition Post Date: The date and time the post is sent via the “Post Creator” page. Editing a post does not change the post date.
- Distribution: The jackpot distribution consists of 4 different levels. For level 1 (10% of the jackpot) you need 100 points, for level 2 (20% of the jackpot) you need 500 points, for level 3 (30% of the jackpot) you need 750 points, for level 4 (40% of the jackpot) you need over 1000 points.
- Getting Points for the Jackpot Distribution: Only posts written within the last three months will be considered. (i) each post gives the author 500 points, (ii) For your first post you will receive 100 bonus points, your 3rd post gets 200 bonus points, your 5th post gets 300 bonus points, (iii) Growth of monthly views and followers gives additional points:. There are 4 different levels.
- Level 1 – the 10% of bloggers with the highest growth in followers and views,
- Level 2 – the next 20%
- Level 3 – the next 30%
- Level 4 – all remaining bloggers who received at least 1 view or had positive follower growth.
The following points are distributed per level: Level 1 = 500 points, Level 2 = 250 points, Level 3 = 100 points, Level 4 = 50 points.
- With a balance of at least 10$ a user can withdrawal his earnings. Payment is currently only possible via PayPal.
- Traxplorio reserves the right to make changes to the Jackpot. Furthermore, Traxplorio reserves the right to withhold payment
Donations for Jackpot
- By completing the transaction, you agree and understand that you are donating to Traxplorio UG (haftungsbeschränkt).
- Fees: There are credit card transaction fees as well as partner platform fees (if applicable). Our average grant to the Jackpot is approximately 80% of the original donation.
Governing Law & Venue
These terms and conditions will be governed by and construed in accordance with the laws of Germany, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Germany.
If any provision of these Terms of service is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of service and will not affect the validity and enforceability of any remaining provisions. Traxplorio’s ‘s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Traxplorio’s reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment.
- If your issue isn’t related to Intellectual Property, please see one of the related issues below:
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
Ownership of Materials; Limited License
- The data and materials on the Traxplorio Service, except the Produced Content (as defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Traxplorio Service (collectively, the “Materials”) are the intellectual property of Traxplorio, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with Traxplorio, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to Traxplorio or its affiliates and/or third party licensors. Except as expressly authorized by Traxplorio, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. Traxplorio reserves all rights not expressly granted in and to the Traxplorio Service and the Materials.
- Subject to your compliance with the terms and conditions set out in these Terms, Traxplorio hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Traxplorio Service for the non-commercial viewing of content (as defined below).
- The Traxplorio Service permits its Users to create, upload and/or display content of their own creations, including audiovisual Content, written works, video, posted on message boards, chat and blogs, and any other content, including without limitation, videos, music, images, and text (collectively, “Produced Content”).
- You understand that when using the Traxplorio Service, you will be exposed to Produced Content from a variety of sources, and that Traxplorio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Produced Content or other content. You further understand and acknowledge that you may be exposed to Produced Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Traxplorio with respect thereto. Traxplorio does not endorse any Produced Content or any opinion, recommendation, or advice expressed therein, and Traxplorio expressly disclaims any and all liability in connection with the Produced Content. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST TRAXPLORIO UG (HAFTUNGSBESCHRÄNKT) WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD TRAXPLORIO UG (HAFTUNGSBESCHRÄNKT), ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR CONTENT AND END USER CONTENT AND USE OF THE TRAXPLORIO UG (HAFTUNGSBESCHRÄNKT) SERVICE.
- Traxplorio permits you to link to the Traxplorio Service for personal, non-commercial purposes only.
YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT (AND THE FOLLOWING SHALL SOMETIMES BE REFERRED TO AS “PROHIBITED USES”):
(I) UPLOAD TO OR CREATE ON THE SITE ANY PRODUCED CONTENT THAT VIOLATES ANY LAW, REGULATION, TREATY OR THIRD PARTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADE SECRET, INTELLECTUAL PROPERTY, PRIVACY, OR PUBLICITY RIGHTS);
(II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE TRAXPLORIO OR ANY THIRD PARTY;
(III) POST, UPLOAD TO, OR CREATE ANY PRODUCED CONTENT THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, VULGAR, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, OR, IN TRAXPLORIO SOLE DISCRETION, IS OTHERWISE APPROPRIATE;
(IV) IMPERSONATE ANOTHER PERSON OR ENTITY, WHETHER ACTUAL OR FICTITIOUS, FALSELY CLAIM AN AFFILIATION WITH ANY PERSON OR ENTITY, OR ACCESS THE TRAXPLORIO SERVICE ACCOUNTS OF OTHERS WITHOUT PERMISSION, MISREPRESENT THE SOURCE, IDENTITY, OR CONTENT OF INFORMATION TRANSMITTED VIA THE TRAXPLORIO SERVICE, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY;
(V) USE THE TRAXPLORIO WEBSITE FOR ANY PURPOSE OTHER THAN TO ACCESS THE TRAXPLORIO SERVICE;
(VI) CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE TRAXPLORIO SERVICE OR FEATURES THAT PREVENT, LIMIT OR RESTRICT USE OR COPYING OF ANY MATERIALS OR ANOTHER USER’S PRODUCED CONTENT;
(VII) RENT, LEASE, LOAN, SELL, RESELL, SUBLICENSE, DISTRBUTE OR OTHEWISE TRANSFER THE LICENSES GRANTED HEREIN OR ANY MATERIALS. FOR CLARITY, YOU MAY NOT ASSIGN, SELL, OR TRANSFER ANY PRODUCED CONTENT ON THE WEBSITE.
(VIII) DELETE INDICATIONS OR NOTICES REGARDING THE COPYRIGHT OR OTHER PROPRIETARY RIGHTS ON THE TRAXPLORIO SERVICE OR ANY THIRD PARTY CONTENT;
(X) MAKE UNSOLICITED OFFERS, ADVERTISEMENTS, PROPOSALS, OR SEND JUNK MAIL OR SPAM TO OTHER USERS OF THE TRAXPLORIO SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, UNSOLICITED ADVERTISING, PROMOTIONAL MATERIALS, OR OTHER SOLICITATION MATERIAL, BULK MAILING OF COMMERCIAL ADVERTISING, CHAIN MAIL, INFORMATIONAL ANNOUNCEMENTS, CHARITY REQUESTS, AND PETITIONS FOR SIGNATURES;
(XI) USE THE TRAXPLORIO SERVICE FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY;
(XII) DEFAME, HARASS, ABUSE, THREATEN OR DEFRAUD USERS OF THE TRAXPLORIO SERVICE, OR COLLECT, OR ATTEMPT TO COLLECT, PERSONAL INFORMATION ABOUT USERS OR THIRD PARTIES WITHOUT THEIR CONSENT, OR, EXCEPT AS EXPRESSLY AUTHORIZED HEREIN, USE MATERIALS, THIRD PARTY PRODUCED CONTENT, OR OTHER CONTENT ON THE TRAXPLORIO SERVICE FOR ANY COMMERCIAL USE, IT BEING UNDERSTOOD THAT, OTHER THAN AS EXPRESSLY STATED HEREIN, THE MATERIALS, THIRD PARTY PRODUCED CONTENT AND OTHER CONTENT AVAILABLE ON THE TRAXPLORIO SERVICE IS FOR PERSONAL, NON-COMMERCIAL USE ONLY;
(XIII) REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE TRAXPLORIO SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(XIV) MODIFY, ADAPT, TRANSLATE OR CREATE DERIVATIVE WORKS BASED UPON THE TRAXPLORIO SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(XV) INTENTIONALLY INTERFERE WITH OR DAMAGE OPERATION OF THE TRAXPLORIO SERVICE OR ANY USER’S ENJOYMENT OF THEM, BY ANY MEANS, INCLUDING UPLOADING OR OTHERWISE DISSEMINATING VIRUSES, ADWARE, SPYWARE, WORMS, OR OTHER MALICIOUS CODE;
(XVI) TAKE ANY ACTION THAT MAY UNDERMINE TRAXPLORIO RATING AND/OR COMMENT SYSTEMS (SUCH AS DISPLAYING, IMPORTING OR EXPORTING INFORMATION OFF THE TRAXPLORIO SERVICE, USING INFORMATION ON THE TRAXPLORIO SERVICE FOR PURPOSES UNRELATED TO THE TRAXPLORIO SERVICE, OR IMPROPERLY MANIPULATING OR USING THE RATINGS AND COMMENT SYSTEM);
(XVII) TAKE ANY ACTION THAT IMPOSES OR MAY IMPOSE (IN TRAXPLORIO’S SOLE DISCRETION) AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON TRAXPLORIO COMPUTER SERVER INFRASTRUCTURE;
(XVIII) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKINGS OF TRAXPLORIO
Registration, Accounts and Passwords
- If you become a registered member and create an account on the Traxplorio Service, you agree to be responsible and/or liable for: maintaining the confidentiality of passwords or other account identifiers which you choose; and all activities that occur under such password or account identifiers.
- You agree to notify Traxplorio of: any loss of your password or account identifiers; and any unauthorized use of your password or account identifiers.
- Without limiting anything in this Agreement, Traxplorio will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section “Registration, Accounts and Passwords”.
- You may not browse the Site and view Content without registering, you are required to register and select a password and screen name (“User ID”). You shall provide Traxplorio with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of service, which may result in immediate termination of your account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Traxplorio reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Traxplorio in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of service constitute the entire agreement between you and Traxplorio’s and governs your use of the Service, superseding any prior agreements between you and Traxplorio’s. You will not assign the Terms of service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Traxplorio. Any purported assignment or delegation by you without the appropriate prior written consent of Traxplorio’s will be null and void. Traxplorio’s may assign these Terms of service or any rights hereunder without your consent. If any provision of these Terms of service is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of service and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of service remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of service. These Terms of service do not confer any third-party beneficiary rights.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: firstname.lastname@example.org