If you do not agree to any of these Terms and Conditions, please discontinue your use of Tictrac.
Tictrac is provided by Tictrac Limited ("we" or "us") on Terms and Conditions set out below (the "Terms"). We may update these terms from time to time by uploading the amended version to the Tictrac website but without notifying you directly. If you continue to use Tictrac following an update to the Terms you will be deemed to have accepted the changes.
You confirm that you are at least 13 years of age and that there is no legal reason why you are prevented or restricted from using Tictrac.
Access to Tictrac may be illegal or restricted in certain jurisdictions outside the United Kingdom. It is your responsibility to make sure that your use of Tictrac is not prohibited by law in your own jurisdiction and to comply with any local restrictions which apply.
By registering to use Tictrac, you agree that you will: (i) provide true, accurate, current and complete information about yourself as part of the Tictrac registration process and (ii) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your use of Tictrac.
You will be required to create a password and you will receive an account designation upon completing the Tictrac registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this section.
You agree that all information, data, text or other materials ("Member Content") which you submit to Tictrac is and shall remain your sole responsibility.
We do not control the Member Content submitted to Tictrac and do not guarantee the accuracy, integrity or quality of any such content. You accept that, by using Tictrac, you may be exposed to content that you may regard as offensive, indecent or objectionable. We are not liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any Member Content posted, emailed or otherwise transmitted via Tictrac.
You undertake not to use Tictrac to:
Any correspondence or business dealings with, or participation in activities found on or through Tictrac, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such vendor. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Tictrac.
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of Tictrac. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of these Terms and may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with any applicable law; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Tictrac, its users and the public.
You understand that the technical processing and transmission of Tictrac, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
All Member Content which you upload or post to Tictrac shall remain your property and you shall not upload or post any Member Content that infringes the intellectual property rights of any party unless you have the permission of the owner.
By uploading any Member Content to Tictrac, you grant to us a non-exclusive, world-wide, royalty-free, perpetual, non-revocable licence to display and reproduce such Member Content, both digitally and in print, without any duty to account to you, provided that such use shall be limited to use for Tictrac's promotional purposes only.
All text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in Tictrac (other than Member Content) or information presented through Tictrac by us or by advertisers is protected by our or their copyright, trademarks, service marks, patents, or other proprietary rights and laws. We may display images and text throughout Tictrac, including the insertion of sponsor messages into messages distributed on Tictrac mailing lists. Content received through Tictrac may be displayed, reformatted, and printed by you for your personal, non-commercial use only.
Except as we or our advertisers may expressly authorise, you agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, license, sub-license, distribute or create in any way content and/or derivative works from Tictrac, other than Member Content, in whole or in part.
You agree not to modify our software in any manner or form, or to use modified versions of our software, whether or not for the purpose of obtaining unauthorised access to Tictrac. You agree not to access Tictrac by any means other than through the interface that is provided by for use in accessing Tictrac. Upon termination of your use of Tictrac, your licence to use Tictrac shall immediately cease.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Tictrac, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall have no liability for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Tictrac.
We may provide, or third parties may provide, links to third party websites or resources. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party web sites. We have no control over the content or security of such sites and resources and, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and have no liability for any content, advertising, products, services or other materials on or available from such sites or resources or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access linked third-party websites, you do so at your own risk.
Tictrac takes the posting of any material which amounts to defamation, infringement of intellectual property or breach of these Terms and Conditions seriously. The following procedure is intended to help us to deal with such material quickly and effectively.
You are entitled to serve a notice ("Take-Down Notice") asking us to remove material posted on Tictrac which you believe is defamatory, breaches the intellectual property rights of any third party and/or is otherwise in breach of our Acceptable Use Policy ("Offending Material").
We will review any Take-Down Notice as soon as reasonably practicable and will act expeditiously to remove any Offending Material. As part of our response, we may remove or disable access to any Offending Material found on Tictrac sites. You authorise us to contact any person, firm, company or organisation that submitted such Offending Material to alert them to the action we are taking.
A Take-Down Notice or Counter-Notice is a legally significant document. You are advised to take legal advice on your legal rights and obligations before serving a Take-Down Notice or Counter Notice.
To be valid, a Take-Down Notice must contain:
Take-Down Notices should be sent by email to firstname.lastname@example.org.
If you use an anonymous email service and/or we have no way to contact you, your complaint will not be valid and will be ignored.
If material that you have submitted to Tictrac has been taken down, you may file a notice in response ("Counter-Notice"). To be valid, a Counter-Notice should contain the following information:
Counter-Notices should be sent by email to email@example.com.
This Take Down Procedure does not to exclude any other legal rights you or we may have. If you believe any material has been published that is defamatory, breaches your intellectual property rights and/or is otherwise in breach of our Terms and Conditions then you are also recommended to seek independent legal advice.
Your use of Tictrac is at your sole risk. Tictrac is provided on an "as is" and "as available" basis and to the fullest extent permitted by law, we make no warranties, express or implied, in relation to your use of Tictrac including, but not limited to, security, warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. We make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
We accept no liability in respect of, the loss of any or all the data which you upload to our site. You are therefore strongly advised to keep copies of any data that you upload onto Tictrac.
We are not responsible for the Member Content and assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through Tictrac.
We make no warranty that (i) Tictrac will meet your requirements, (ii) Tictrac will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use Tictrac will be accurate or reliable, (iv) the quality of any information obtained by you through Tictrac will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through your use of Tictrac is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you through or from Tictrac shall create any warranty not expressly stated in these Terms.
We provide information on the site for informational purposes only. It is not meant as a substitute for the advice of a doctor or other qualified health care professional. You should not use the information available on or through the site, including tracking your own activities, for diagnosing or treating a medical condition. Always seek the advice of your physician or other qualified health care professional regarding any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.
You shall indemnify Tictrac Limited, its officers, directors, employees, partners and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, which we incur resulting from your use of Tictrac including, but not limited to any material which infringes the proprietary or intellectual property rights of any third party.
We shall notify you promptly of any such claim, action or demand as described above and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
Your use of Tictrac is at your own risk. If you are dissatisfied with any of the content or the service or with these Terms or any other rules or policies, your sole remedy is to discontinue use of Tictrac.
We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in an action of contract or tort, including, but not limited to, damages for loss of profits (even if we have been advised of the possibility of such damages), resulting from the use or the inability to use Tictrac; unauthorised access to or alteration of your data; or any other matter relating to Tictrac.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this section may not apply to you.
We may, at our discretion, terminate your password, your account (or any part of your account) or use of Tictrac, and remove and archive or discard any content within Tictrac for any reason or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. We may also in our sole discretion and at any time stop providing Tictrac, or any part of it, with or without notice. You agree that any termination of your access to Tictrac under any provision of these Terms may take place without prior notice, and you agree that we may immediately deactivate, archive or delete your account and all related information and files in your account and/or prevent any further access to such files or Tictrac. We shall not be liable to you or any third-party for any termination of your access to Tictrac.
Tictrac, the Tictrac logo and other Tictrac logos and product and service names are trademarks of Tictrac Limited (the "Tictrac Marks"). Without our permission, you shall not display or use in any manner, any Tictrac Mark.
All legal issues arising from or related to the use of Tictrac shall be construed in accordance with and determined by the laws of England. By using Tictrac, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of Tictrac is the English courts.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
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