By accessing and using the traackr.com web site, you agree that you have read, understand and accept the terms and conditions below for all use of all and any Traackr services (hereinafter referred to as the Services). If you do not agree to these terms and conditions, do not use any of the Traackr Services.

Traackr reserves the right to update or amend these Terms and Conditions at any time. The amended Terms and Conditions shall automatically be effective five (5) days after they are initially posted on the web site. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms and Conditions as modified by the posted changes. For this reason, we encourage you to review these Terms and Conditions whenever you use the Services. The last date these Terms and Conditions were revised is set forth below.

Traackr may, at its sole discretion, terminate access to the Services by any user for any reason. Traackr may also terminate or remove form its site any project and its attached data for any reason.

You must be at least 13 years old to be eligible to use the Services. However, if you are younger than 13 years old, you may use the Services if --- and only if --- you have your parents' or legal guardians' prior permission. By using the Services, you are declaring that you are at least 13 years old or are under 13 years old and have your parents' or legal guardians' permission to register for the Services.

Upon registration for the Services, you will choose a username and a password. You understand that you are solely responsible for maintaining the confidentiality of your password, and that you shall be solely and fully responsible for all activities that occur under your username and password. Traackr shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password. If a password is lost or stolen it is the user's responsibility to notify Traackr, so that the missing password can be deactivated and a new one assigned.

You are fully responsibility for your activity and behavior while using the Services. We encourage you to be courteous and respectful towards other users of the Services. The following is a list of activities that you agree not to engage in while using the Services:

• Copying or reverse-engineering the Services.
• Engaging in hateful, abusive or slanderous communication.
• Assuming someone else's identity.
• Using the Services to infringe on third party copyright or trademark rights: no sharing or storing of material that you have not obtained the rights for (by purchasing it or in some other legitimate manner) Using the Services to advertise unsolicited services - via spam, chain letters or any such method.
• Uploading malicious code to the Services that might harm other users or the Services.
• Monitoring the Services using spyware.
• Placing an unreasonable traffic load on the Services in order to disrupt them.

Any of these activities may result in account termination and possible civil or criminal liability.
Please see our privacy policy for more data on how we protect user confidentiality and privacy.

We always welcome your suggestions and comments. However, once you submit them, they will be ours to use, reproduce, implement or distribute in any form - in other words, by making a comment or suggestion to Traackr, you are agreeing to completely and irrevocably renounce ownership of the ideas contained therein.

Any data you store on the Services is and will remain yours, and will remain fully private unless you specify otherwise, or in accordance with our privacy policy. As such, you are solely responsible for your data, its quality and impact.
Moreover, Traackr shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.

Because we link to a site does not mean we endorse it.

Traackr provides the Services "as is", with no warranties of any kind. We will always do our best to provide you with impeccable service and uptime – but we make no guarantee as to the safety of your data on our servers, or our uptime. We are not responsible for any person or project that posts to our site. Some states or countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

UNDER NO CIRCUMSTANCES WILL TRAACKR OR ITS EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES WHETHER OR NOT TRAACKR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with the Services or any content on the Services, or with these Terms and Conditions, your one and only remedy is to stop using the Services. You acknowledge, by your use of the Services, that your use of the Services is at your risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TRAACKR AND ITS AFFILIATES IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00).

You agree to indemnify, defend and hold harmless Traackr, its employees, officers and directors, or Clients from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) arising from (i) any content that you or anyone using your account may submit, post or transmit to the web site; (ii) your use of the Services; (iii) your violation of the terms of these Terms and Conditions; and (iv) any violation or failure by you to comply with all laws and regulations in connection with the Services.

You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Traackr. Any such purported assignment or delegation by you without the appropriate prior written consent of Traackr will be null and void and of no force or effect.

Traackr has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Traackr's Copyright Agent the following information required under 17 U.S.C. § 512:

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 copyright work claimed to have been infringed, a representative list of such works; 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 Traackr to locate the material;

Information reasonably sufficient to permit Traackr to contact the complaining party, such as an e-mail address at which the complaining party may be contacted;

A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Traackr's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

Copyright Agent, Traackr, Inc., 4929 Wagon Wheel Way Richmond CA 94803

If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Traackr's failure to act with respect to a breach by any user or others does not waive Traackr's right to act with respect to subsequent or similar breaches. The failure of Traackr to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This agreement shall be interpreted in accordance with the laws of the State of California without regard to conflict of laws principles. All claims arising from this agreement must be filed in the province or federal courts located in Ontario. This agreement constitutes the entire agreement between Traackr and User with respect to the subject matter hereof.