Traekam.com Terms and Conditions:
Set forth below are the terms and conditions (these “Terms and Conditions”) governing the .com Web site located at, or linked to through, the root URL www.traekam.com which may expand or change from time to time (the “Web site”). As used herein, the term “Traekam” refers to a wholly owned subsidiary of Traekam, LLC., an Article of Organization filed in the office of the Arizona Corporation Commission as a Limited Liability Corporation, the owner and operator of the Traekam Web site; the term “you” or “your” refers to any individual, representing themselves or, if applicable, acting as legal representative for a group, business entity, or corporation.
CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEB SITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.
Use of Materials on Website:
The information, artwork, text, video, audio, pictures, software and all other intellectual property (collectively, “Materials”) contained on the Web site are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable Traekam program terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Web site, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on an Traekam server, and you should not attempt to claim any Materials as your own work. Any computer software downloadable or otherwise available on the Web site is provided subject to the terms of the applicable license agreement.
Sites Linked from the Website:
Links to third-party Web sites from the Traekam Web site are not necessarily under Traekam’s control, and Traekam does not assume any responsibility or liability for any content, opinions or materials available at such third-party Web sites. Traekam does not investigate, monitor or check for accuracy such third-party Web sites and Traekam does not intend any such links to third-party Web sites to imply Traekam’s sponsorship or endorsement thereof. Your use of such Web sites is at your own risk.
“Framing” the Website:
Framing of the Web site is permitted only by express agreement with Traekam, and Traekam may require if specific measures are to be taken to avoid user or consumer confusion. Such measures may include, but are not limited to: clearly attributing the displayed Material to the Traekam Web site or providing each user or consumer with the opportunity to visit the Traekam Web site directly by, for example, including a tab labeled “Remove Frames.” Traekam reserves the right to withhold consent for any reason and any failure to monitor or control each instance of the framing of the Web site shall not be considered a waiver of any of Traekam’s rights. Any framing of the Web site shall not imply the endorsement or sponsorship of Traekam, or Traekam Affiliates, as hereafter defined.
Copyright and Trademark Infringement Policy and Notifcation Procedure:
Traekam typically does not own the musical compositions, sound recordings, art or other written copy or visual images (collectively, the “Content”) of third parties that are available through the Web site. Most of the Content is made available through an individual, group or company (collectively, the “Content Providers”) who has represented and warranted to Traekam that, among other things, they have the rights, licenses, clearances and/or permissions necessary to make the Content available to Traekam for use on the Web site and that the names, trademarks and service marks under which the Content is presented or promoted (collectively, the “Name”) do not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights.
Since Traekam is not in a position to determine who has the prevailing claim to use any particular Content or Name posted to the Web site, Traekam’s policy on such matters is that they be resolved directly by the parties alleging misuse of their Content and/or Name (the “Complainants”) and the Content Providers. We recommend that Complainants immediately notify Content Providers about allegations of infringement by contacting them directly. If you are a Content Provider and wish to remove or change content on Traekam, please email firstname.lastname@example.org with the details of the request and the content will be removed within three business days.
Traekam, LLC. contains user-published content (including those designated as “Editors”) and is a designated Digital Millennium Copyright Act Safe Harbor (DMCA) compliant website. If you are the legal representative of infringing content, please send a proper DMCA takedown notice to the designated agent whose information is below, and Traekam, LLC. will remove the alleged infringing content.
DMCA Copyright Agent to Receive Notifications of Infringement Claims:
Attn: Traekam.com Copyright Agent
5525 East Grandview, Scottsdale AZ, 85254
Please Make Sure to Follow all Requirements in a DMCA Takedown Notice Including:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Modification of Terms and Conditions:
Traekam may modify these Terms and Conditions from time to time in its sole discretion. When such modification is made, Traekam will post a revised version of these Terms and Conditions on the Web site. Modifications will be effective when they are posted. Traekam is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Web site, you will be deemed to have accepted any such modifications.
You shall use the Web site for lawful purposes only. You shall not post or transmit via the Web site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Traekam’s express prior approval, contains advertising or any solicitation with respect to products or services.
Traekam makes no representation that Materials on this Web site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Web site from locations outside the United States do so at their own risk and are responsible for compliance with local laws.
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEB SITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRAEKAM MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEB SITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, TRAEKAM MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. TRAEKAM WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEB SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL TRAEKAM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEB SITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability:
By availing yourself of the Traekam Web site, Materials or related services, you agree to release and hold Traekam and the employees, officers, directors, shareholders, agents, representatives of Traekam, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Traekam, any third- party providers or sources of information or data and legal advisers (collectively, “Traekam Affiliates”) harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Web site, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Traekam that may cause the Web site or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Web site, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Web site, Materials or related services. In addition, you agree to defend, indemnify and hold Traekam Affiliates harmless from any claim, suit or demand, including reasonable attorney’s fees, made by a third party due to or arising out of your utilizing the Web site, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL TRAEKAM BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF TRAEKAM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Views Expressed Provision:
Traekam takes reasonable measures to ensure the quality of the information made available on this Web site. Traekam may periodically update the information but makes no commitment to do so. Any conclusions that users draw from the information presented here are his or hers and are not to be attributed to Traekam. The views expressed on this Web site do not necessarily reflect the views of Traekam.
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. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of Arizona as such laws are applied to agreements entered into and to be performed entirely within Arizona between Arizona residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of Scottsdale, Arizona, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Traekam’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.