
The terms and conditions below describe the agreement applicable to your use of this web site. TrackerLicious reserves the right to amend these terms and conditions at any time. Users will be notified by e-mail/newsletter of any substantial changes these terms and conditions.
You further agree that by accessing the TrackerLicious web site or utilizing the TrackerLicious services, you are bound to these terms and conditions.
Our detailed terms & conditions are as follows:
Upon your registration, you may choose your own password. For purposes of these terms and conditions, people who have registered for a TrackerLicious account are referred to as "users".
When a user registers, they agree to have their MySpace identity revealed to other TrackerLicious users, as well as to see whom or when other users and visitors view their profile.
TrackerLicious makes no warranties regarding the accuracy of the tracking and reporting system. TrackerLicious has implemented moderate security measurements to prevent identity spoofing, though it is impossible to ensure, without fail, that every tracked user is who they say they are, or that TrackerLicious will not fail to identify another user specifically.
TrackerLicious makes no warranties regarding the functional effectiveness of the tracking system, as TrackerLicious relies on certain features of 3rd party web sites. Such features are out of TrackerLicious' control.
Upon using the TrackerLicious web site, users will be able to set up an account and will disclose certain information about themselves. This information will be stored on our web site. This information will not be available to other users directly. However, your MySpace ID will link others to your MySpace profile.
We will not give away any data obtained through our services to any other parties beyond our website. All data is saved on a secure server and does not leave that server or get transferred to another party.
We reserve the right to revoke your access at any time. If it is determined or suspected by TrackerLicious in its sole discretion that you are misusing or attempting to misuse or circumvent the TrackerLicious web site or system, or are using or attempting to use it for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, TrackerLicious reserves the right, in its sole discretion, to immediately terminate your access without notice and to instigate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
To knowingly input false data including but not limited to MySpaceID and e-mail address is a very serious and fraudulent matter that could result in significant costs and damages, invasion of privacy rights of others to TrackerLicious and its partners, not to mention the loss of time, effort and expense responding to and pursuing such false information and request. There are also possible regulatory fines and penalties imposed for contacting the wrong people. Accordingly, if you knowingly input false information in a request for project assistance, or response to undertake a project, including but not limited to some one else's name, e-mail address, physical address or phone number or a random or made up name, address, e-mail or phone number, you agree to fully indemnify and be liable to TrackerLicious and each TrackerLicious customer who accepts such project request or response for their actual damages, direct, punitive and consequential, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto, which ever is greater.
The links in the TrackerLicious web site will let you leave TrackerLicious' web site. The linked sites are not under the control of TrackerLicious and TrackerLicious is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. TrackerLicious is not responsible for webcasting or any other form of transmission received from any linked site. TrackerLicious is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TrackerLicious of the site.
TrackerLicious expressly disclaims any and all warranties, express or implied relating to the pre-screening process, criteria, procedures, or information obtained or presented in the pre-screening process or disclosures including but not limited to any warranties of merchantability, fitness for a particular use, or that the screening or verification procedures or standards are sufficient or that the information received in these screening or verification procedures is accurate, timely or error free.
Users may not use TrackerLicious facilities and capabilities to conduct, or solicit the performance of, any illegal activity, or to conduct any other activity which infringes on the rights of TrackerLicious or any third party.
You shall not remove the links or banners included in the tracker code. Doing so will get your account flagged automatically when our system detects a code alteration. Once your account is flagged, you have 3 days to correct the code.
If after these 3 days, the code is still
corrupt/modified, your account will be automatically
removed from our system.
Further sign up with the same data may be prohibited
by the system after removal.
TrackerLicious users may not place TrackerLicious on or use TrackerLicious for a profile that contains nudity, pornography, adult material, obscenity, discriminatory/hate propaganda, "warez", hacking-related material, material which promotes the illegal distribution of software, or any material that results in reasonable complaints from other customers or third parties.
Users may not upload or transmit any message, data, image or program that would violate the property rights of others. This includes the unauthorized transmission of copyrighted text, images, music, programs, or trade secrets or other confidential proprietary information, trademarks, service marks or trade names used in an infringing manner. Users may not upload or transmit any information which is libellous or defamatory, or which violates or infringes on any right of privacy of any person.
There shall be no attempt to gain unauthorized access to TrackerLicious systems or accounts, disrupt service or network connectivity, misuse TrackerLicious facilities, or create fraudulent accounts or do any other unlawful act.
In the event that any virus or destructive element is found or furnished with any content, the customer will use their best efforts upon learning that such situation exists; to immediately eliminate the virus or destructive element. Buyer or developer will notify TrackerLicious as to the existence of any such virus or destructive element immediately upon discovery thereof, and TrackerLicious will have the right to take any steps it deems necessary to eliminate the virus or destructive element and to be reimbursed by the customer for its costs relating to any such commercially reasonable steps.
TrackerLicious servers and TrackerLicious-hosted domains may not be the source, intermediary, or destination address involved in the transmission of junk email, nor will they be listed in any junk email message. The use of TrackerLicious servers or networks to send or relay junk email is prohibited. TrackerLicious defines "junk email" to be a mass unsolicited message in any medium. Violation will result in immediate termination of all services without refund. Fines and legal action may be imposed. Any customer who is repeatedly flamed/mail-bombed or attracts such behavior will be asked to leave. TrackerLicious´ mailing list services are provided for use as discussion forums only, and may not be used to distribute unsolicited email. All users on a list must have personally subscribed to that list.
TrackerLicious services are provided for end users only. No sub hosting or resale of any services, for fee or for free, is permitted without the express consent of TrackerLicious.
There are numerous federal, state and international laws regulating the use of the internet. TrackerLicious will not hesitate to initiate criminal prosecution and/or cooperate with government agencies relating to abuse of TrackerLicious services or systems.
You acknowledge and agree that the TrackerLicious services are provided to you on an "as is" basis without any warranty whatsoever, and your sole and exclusive remedy, and TrackerLicious' sole obligation to you or any third party for any claim arising out of your use of the TrackerLicious services or the TrackerLicious web site, is that you are free to discontinue your use of the TrackerLicious services or the TrackerLicious web site at any time. TrackerLicious expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose, and any and all liability for direct, indirect, special, incidental, consequential (including lost profit), exemplary or punitive damages (even if TrackerLicious has been advised of the possibility of such damages) arising out of this agreement or any consequences which flow from it. Some states do not allow limitations on or exclusion of incidental l or consequential damages. In such states, the above exclusions may not apply to you. You agree to indemnify TrackerLicious, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the TrackerLicious services or connection to the TrackerLicious web site or your violation of the terms and conditions, or arising from your violation of any rights of a third party. The terms and conditions will inure to the benefit of TrackerLicious' successors, assigns and licensees. If any provision of these terms and conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of TrackerLicious to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the TrackerLicious services or the terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the terms and conditions are for convenience only and have no legal or contractual effect.
You agree to hold TrackerLicious harmless and not liable for any actions MySpace or Facebook takes against you for your use of TrackerLicious.