These Terms and Conditions (hereinafter referred to as the “Terms”) govern the licensing and use of TerraTrace Corporation software and services (hereinafter referred to as the “Services”). For the purposes of these Terms, the words “you” or “your” refer to you as a User of the Services and the words “we”, “us”, “our”, or “the company” refer to TerraTrace Corporation and any of its affiliates (hereinafter referred to as the “Company”). The Services provide access to Company and User provided content (hereinafter referred to as the “Content”). The Content can refer to images, textual descriptions, maps, directions, and other media types that are provided as part of the Services.
Please read the Terms carefully before you buy or use the Services. When you order, buy, or download any of the Services you are making a binding commitment to these Terms. By using the Services, you indicate that you accept the Terms and agree to abide by the Terms.
The Company reserves the right to update the Terms from time to time and will post the most current version of the Terms on this website page. Your continued use of the Services will indicate your acceptance of any changes to the Terms.
USE OF THE SERVICE
- You must be at least 13 years old to use the Services.
- The Services are provided using computer servers and networks that occasionally experience outages and interruptions for maintenance and other reasons.
- The Company will provide periodic updates to the Services and will cease maintenance on older versions of the software when these updates are provided. You agree to periodic software updates and also agree to make a reasonable effort to stay current with the latest software version.
- Over time, older versions of mobile phone and tablet hardware lose their support from the hardware providers. When this happens, our Services will also cease to support these older hardware devices. You agree to that older devices might lose their support and also agree to stay reasonably current with platform hardware.
BY DOWNLOADING, ACCESSING, OR USING THE SERVICES IN ANY WAY, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO DOWNLOAD, ACCESS, OR USE THE SERVICES.
LICENSE AND RESTRICTIONS ON USE
End User License
TerraTrace gives you a personal, non-exclusive, non-transferable, revocable worldwide license to use the Services subject to the restrictions contained in this section and in the overall Terms.
- You agree that you will not, or you will not assist, or permit any third party to extract or reverse engineer the source code or create a derivative product of the Services or any part thereof.
- You agree not to copy, reproduce, transmit, alter, or store any part of the Services with the intent to create any software product, tool or service which is made available to the public.
- You may not tamper with the Services in any way that might impede or disrupt its performance or circumvent security with the purpose of avoiding fees for the Services.
- You may not circumvent territorial restrictions applied to the Services or use the Services if you are a person barred from doing so in the country where you reside or intend to use the Services.
- You agree that you will not, or you will not assist, or permit any third party to add content to the services that: a) violate the laws where you will be using the Services; b) promotes, advocates, incites or encourages violence, c) contains threatening, bullying, harassing, xenophobic, racist, hateful or other discriminatory language; d) contains pornographic, obscene, vulgar, indecent or otherwise objectionable images or language; e) could be considered dangerous or harmful for minors; f) contains computer viruses, bugs, or other harmful software that could disrupt or alter the Services; g) impersonates someone other than yourself.
- You may not use the Services unless you at least 13 years old.
Content within the Services can be provided in a variety of ways. Content provided by Users of the Services is subject to the following:
- You are solely responsible for any content that you load. You assume all risks associated with this content including anyone’s reliance on its accuracy, reliability, or disclosure of information that makes you or anyone else personally identifiable.
- You are only authorized to load content that you own.
- You understand and acknowledge that once content is loaded, it will be available to the general public immediately. You understand that the company does not review content prior to submittal and you are responsible to ensure compliance with media guidelines. The company reserves the right to remove any content at any time if it is deemed to be in violation of the media guidelines.
- You understand and agree that your content loaded into the Services may be used by the company for advertising or any other purposes. You hereby grant the company irrevocable, non-exclusive, royalty-free, transferable, worldwide rights to use your content for any purpose. You also irrevocably grant users of the Services access to your content in connection with their use of the Services. You explicitly waive any claims with respect to your content while it is accessible within the Services.
- You understand that your content might be removed at any time for any reason. Since the location database is curated, some popular places can accumulate content beyond what is useful for most Users and the company reserves the right to remove content at any time in order to provide the best overall user experience for most Users.
- You retain ownership of your content. You can remove or edit your content through the services directly or you can request content removal by contacting the company. You understand and acknowledge that it may take a reasonable time for removal or changes to your content to take effect.
The Services are provided in accordance with our Media Content Guidelines which can be found at: https://terratrace.com/policies/contentGuide/. Please review these guidelines on a regular basis as they will be updated from time to time. You explicitly agree and acknowledge to comply with these posted media guidelines and you recognize that your use of the Services may be terminated at any time for violation of these guidelines.
YOU EXPLICITLY ACKNOWLEDGE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR USER CONTENT LOADED INTO THE SERVICES.
You understand and acknowledge that the company retains all proprietary rights to the Services and content which is not provided by Users of the Services.
The Company will make best efforts to avoid publishing copyrighted material without permission.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICE
The Company will make best efforts to avoid publishing copyrighted material without permission. If you believe that you are a US copyright owner whose material has been published without permission, you or your agent may submit a notification pursuant to the US Digital Millennium Copyright Act (DMCA) to:
Robert Rice, Copyright Agent, 3003 W. Davis St., Conroe, TX, 77304; or
The following information should be provided in the notice:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- A description of the copyrighted work, works, or other intellectual property that you claim has been infringed.
- A description of where the material you claim is infringing is located in the Services with enough specificity to allow the Services provider to locate the material in their servers.
- Information reasonably sufficient to allow the Services provider to contact you such as your address, telephone number, or e-mail address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
- A statement that the information contained in your notice is accurate and under the penalty of perjury, that you are authorized to act on behalf of the owner
You understand and acknowledge that the notice may not be considered valid if all of the information contained above is not provided.
You understand and acknowledge that you may be liable for damages (including costs and attorneys’ fees) if your notice misrepresents that material or activity infringes on your copyright.
As required by the DMCA, we have a policy to terminate Users that we consider to be repeat infringers.
You understand and acknowledge that a reasonable time period must be provided to the Company to process and respond to a notification.
DISCLAIMER OF WARRANTY
Outdoor activities can be inherently dangerous. You could be seriously injured or killed when involved in outdoor activities. For this reason, the Company recommends that you get expert instruction before engaging in activities that could be hazardous for you or will stretch your current experience level. With this in mind, the Company makes no claims as to the accuracy of the Services Content.
THE SERVICES AND THE SERVICES CONTENT ARE PROVIDED “AS IS” OR “AS PROVIDED” AND WE MAKE NO REPRESENTATIONS OR WARRANTY OF ANY KIND WITH RESPECT TO THEM. YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY FAULTS, DEFECTS, INACCURACIES, ERRORS OR OMISSIONS IN THE SERVICES OR ITS CONTENT. ACCORDINGLY, THE COMPANY IS NOT LIABLE FOR ANY LOSS, INJURY, OR DAMAGE THAT MIGHT OCCUR DUE TO YOUR RELIANCE ON THE SERVICES OR ITS CONTENT.
Users of the Services might exchange information with each other. The Company advises that you keep your personal information private and be careful not to accidentally divulge your personal information such as phone number, home address, e-mail address, or any other such information. The Company makes no representations or warranties regarding data posted by Users which might divulge personal information leading to a real-world meeting or interaction of any kind between Users of the Services. Accordingly, the Company assumes no liability for interaction between Users or any negative consequences that might result. You expressly agree that you are responsible for your own personal safety and data protection.
THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE PROVIDED UNINTERRRUPTED OR BE FREE OF DEFECTS OR THAT DEFECTS WILL BE CORRECTED ONCE DISCOVERED.
LIABILITY EXCLUSIONS AND INDEMNIFICATION
YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INJURY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES. YOU EXPRESSLY AGREE THAT THIS LIMITATION ON LIABILITY SHALL APPLY WHETHER OR NOT THE COMPANY HAS BEEN INFORMED, ADVISED, OR SHOULD HAVE BEEN AWARE OF SOME DEFECT, ISSUE OR THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
YOU EXPRESSLY AGREE TO HOLD HARMLESS AND INDEMNIFY THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS OR PARTNERS FROM ANY CLAIM ARISING FROM: A) YOUR USE OF THE SERVICES; B) YOUR USER CONTENT OR ANY LITIGATION ARISING FROM THAT CONTENT; C) YOUR VIOLATION OF THE TERMS OR ANY APPLICABLE LAWS, RULES, OR REGULATIONS RELATED TO THE SERVICES.
In the event that this liability disclaimer is deemed unenforceable by a court of law, you agree that the maximum aggregate damages and losses that you suffer as a result of your use of the Services or these Terms is the greater of a) the amount you have spent for these Services in the past 12 months, or b) $100.
CHOICE OF LAW AND VENUE
The laws of the state of Texas will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and the Company (a “Claim“), without regard to conflict of law provisions. For any claim brought by either party, including tort claims, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located in Houston, Texas.
MODIFICATION AND TERMINATION OF THE AGREEMENT
These Terms will be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please delete the software from your devices and stop using the Services. Please visit this page regularly to review these Terms for any changes.
You may terminate the Terms at any time by deleting the software from all your devices and discontinuing your use of the Service. Your contributions to the Service will remain in place unless you explicitly delete them prior to termination. The Company has no reasonable means of validating your rights to content once you have terminated. Therefore, if you want your content removed from the Service, you explicitly acknowledge that you must perform the content delete action yourself prior to your termination. You can delete your content at any time prior to termination.
The Company reserves the right to terminate your access to the Services at any time for any reason, and without notice or liability. If such action is taken due to content or IP violations, all of your content will also be removed from the Services at that time. If you believe this action was taken improperly or is unjustified, you can contact the Company and request clarification or explanation. You explicitly acknowledge that once content has been deleted, the Company has no obligation or means to restore that content even if your account is later restored and you resume your use of the Services.
© TerraTrace Corp. 2021