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Terms of use

The Basics, Including the Nature of the Agreement

Our company is QUACK TRACK . In these terms of service we will refer to our company as “QUACKTRACK ,” “we,” or “us.”

Please read these Terms of Service (the “Terms”) and our Privacy Policy  carefully because they govern your use of our website located at WWW.QUACKTRACK.ORG (our “Site”) and our services accessible via our Site.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, USING AND/OR DOWNLOADING THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY AND HEREBY CONSENT TO THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE, ACCESS OR DOWNLOAD THE SERVICE.

We have posted our Privacy Policy elsewhere in the website.

 You may use our subscription services if available  by agreeing to the  conditions available. As a QUACKTRACK  subscriber you will not be entitled to any exclusive member benefits on QUACKTRACK.ORG. QUACKTRACK reserves the right to decide the expiry of these offers if any  or limit these by number on a first-come-first-serve basis. The subscription plan is for personal use only. You agree to protect your login details if any and not share or put the subscription to any commercial use.

The information captured during subscription if any,  may include your name, email address, place of residence and phone number. You agree that you’re responsible for all activities that occur through your account, whether or not you know about them.  We reserve the right to introduce new subscription plans from time to time. You may choose to opt out of the service at any point of time.  Your subscription will be deemed cancelled after the existing subscription term expires.

Who May Use Our Services You may use our website, and services only if you are 13 or older and have a parent’s or guardian’s permission to access or use the Service. You may use our website,  and service only for your personal, non-commercial use. You agree that you shall not use our website,  or services for any purpose to compete with, or to contemplate or take actions adverse to, us. You may not use the website, or services, and you agree not to use them, if we have given you notice (by email to the last email address you furnished us) that we have terminated your privilege of using them.

Your Responsibility for Your Account:  You agree to provide us your real name and valid email address in connection with your registration for our services if any. You agree that you won’t disclose your account password if any to anyone and you’ll notify us immediately of any unauthorized use of your account. You agree that you’re responsible for all activities that occur through your account, whether or not you know about them.

By submitting your email address to the Website, you consent to being placed on QUACKTRACK’S mailing lists and thereby receiving e-mail correspondence from QUACKTRACK, including newsletters, event advertisements, and Website updates. You may remove your e-mail address from the applicable mailing list at any time by clicking the “unsubscribe” link in any e-mail.  Although QUACKTRACK will promptly remove your e-mail address from its mailing list, you may still receive any e-mails that are initiated before your e-mail address is removed from the list.

You agree to behave lawfully in all respects in connection with your possession of the website and use of our services. You also agree to take no action that alters or impairs our technology or service or that harms or detracts from the community of users of our website,  or services. You agree that we have the right to take any action (including termination of the license to our website, or the privilege of access to our service) against persons whose actions, in our sole opinion, detract from the service or the community of persons using the service.

Registration data and any other information we obtain about you will be used in accordance with our privacy policy. By submitting information to us as part of any Registration, you consent to the transfer of such information outside of your country. We reserve the right to access and disclose any information about you (including personal data given in your Registration) in order to comply with applicable laws, regulations, court orders or lawful governmental requests; to operate our systems properly; and to protect our rights and the safety or interests of others, at our sole discretion.

The Service may have features which allow you to comment on, engage in discussions or otherwise upload, submit or post content, information, graphics, videos, images or links to the Service (collectively, “User Material”). User Material is subject to these Terms of Use and any additional terms that are referred to in the area of the Service where you upload, submit or post it. You hereby agree not to upload, submit or post any User Material that (a) is abusive, illegal, defamatory, indecent, obscene, offensive or threatening in any way; (b) encourages anyone to break the law; (c) violates anyone’s copyright, trademark or other proprietary right; (d) interferes with the privacy of another user; (d) contains a virus or any other harmful components; (e) contains false or misleading statements; or (f) gives rise to any liability or violates any applicable local, state, federal or international law or regulation. You represent that you have all the necessary legal rights to upload, submit or post your User Material and you hereby grant QUACKTRACK and and successors, a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, modify, translate, sublicense and create derivative works from your User Material in any and all media in any manner, in whole or in part, without any duty to notify or to compensate you. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of User Material that you may have under any applicable law or legal theory.

You also agree that we have no obligation to accept, maintain, or preserve any of your contributions to our service. We do not provide a storage or archive service for user-contributed content.

No Controlling Spam Policy or Unsolicited E-mails
You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). QUACKTRACK will not sell, lease or rent its e-mail subscriber lists to third parties. You may not harvest information about users of QUACKTRACK for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the QUACKTRACK Web Site.

Links to Third Party Websites or Resources Our website,  and services contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such sites. You agree to accept sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

Warranty Disclaimers -The WEBSITE,  AND SERVICES (AND THE related CONTENT OR INFORMATION) are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content or information.

Limitation of Liability NEITHER WE NOR ANY OTHER party involved in creating, producing, or delivering the WEBSITE,  services, or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE GOODS OR SERVICES arising out of or in connection with these TERMS or from the use of or inability to use the  Services or Content, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not WE HAVE been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HERE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In no event will our total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the Website,  Services or content EXCEED THE AMOUNTS YOU MAY HAVE PAID TO US FOR USE OF THE  SERVICES OR CONTENT OR A TOTAL OF HUNDRED RUPEES   WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

CHANGES TO THE TERMS, SERVICES  OR SITE

QUACKTRACK may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. QUACKTRACK  reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that QUACKTRACK  shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).

TRADEMARKS AND SERVICE MARKS

Trademarks (including but not limited to QUACKTRACK LOGO ) that are used or displayed on the WebSite are owned by QUACK TRACK or by third parties other than QUACK TRACK. The trademarks of QUACKTRACK may not be copied or used, in whole, partial or modified form, without the prior written permission of QUACK TRACK. In addition, QUACKTRACK custom graphics, logos, button icons, scripts, and page headers may be covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of QUACKTRACK. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by QUACK TRACK. You may not use any meta tags or any other “hidden text” utilizing a QUACK TRACK name, trademark, or product name without QUACK TRACKS’S  express written consent. Other trademarks and trade names are those of their respective owners.

INFORMATION ON WEBSITE: The information provided in the website is designed to provide useful information on the subjects discussed. It is possible the information provided is incomplete or not updated. The website is not meant to be used, nor should it be used to draw conclusions based on any data, or information provided by the website. You may write to the concerned regulatory authority or the governing council or bureau in your respective country to confirm the data.

Governing Law and Exclusive Jurisdiction

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