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Terms and conditions

TRAKTRAIN Terms of Service

Thanks for choosing TRAKTRAIN (“TRAKTRAIN”, “we”, “us”, “our”). By signing up or otherwise using the TRAKTRAIN service and website (together, the “TRAKTRAIN Service” or “Service”), or accessing any content or material that is made available by TRAKTRAIN through the Service (the “Content”) you are entering into a binding contract with TRAKTRAIN.

In order to use the TRAKTRAIN Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in the United States. You also promise that any registration information that you submit to TRAKTRAIN is true, accurate, and complete, and you agree to keep it that way at all times.

Changes

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.

Your Rights

The TRAKTRAIN Service and the Content are the property of TRAKTRAIN or TRAKTRAIN's licensors. We grant you a limited, non-exclusive, revocable license to make use of the TRAKTRAIN Service (the “License”). This License shall remain in effect until and unless terminated by you or TRAKTRAIN.

All TRAKTRAIN trademarks, service marks, trade names, logos, domain names, and any other features of the TRAKTRAIN brand (“TRAKTRAIN Brand Features”) are the sole property of TRAKTRAIN or its licensors. The Agreements do not grant you any rights to use any TRAKTRAIN Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the TRAKTRAIN Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, TRAKTRAIN grants no right, title, or interest to you in the TRAKTRAIN Service or Content.

Third party software (for example, open source software libraries) included in the TRAKTRAIN Service are licensed to you either under the Agreements or under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.

User Content

TRAKTRAIN users may post, upload, and/or contribute (“post”) content to the Service (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to any part of the TRAKTRAIN Service.

You promise that, with respect to any User Content you post on TRAKTRAIN, (1) you have the right to post such User Content, and (2) such User Content, or its use by TRAKTRAIN as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by TRAKTRAIN or any artist, band, label, entity or individual without express written consent from such individual or entity.

TRAKTRAIN may, but has no obligation to, monitor, review, or edit User Content. In all cases, TRAKTRAIN reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in TRAKTRAIN’s sole discretion, violates the Agreements. TRAKTRAIN may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you post. TRAKTRAIN is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST TRAKTRAIN RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD TRAKTRAIN HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

Guidelines

TRAKTRAIN respects intellectual property rights and expects you to do the same. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason whatsoever:

  • copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the TRAKTRAIN Service or the Content, or otherwise making any use of the TRAKTRAIN Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the TRAKTRAIN Service or the Content or any part of it;
  • using the TRAKTRAIN Service to import or copy any local files you do not have the legal right to import or copy in this way;
  • transferring copies of cached Content from an authorized Device to any other Device via any means;
  • reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the TRAKTRAIN Service, Content or any part thereof unless permitted by applicable law;
  • circumventing any technology used by TRAKTRAIN, its licensors, or any third party to protect the Content or the Service;
  • selling, renting, sublicensing or leasing of any part of the TRAKTRAIN Service or the Content;
  • removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the TRAKTRAIN Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

Please respect TRAKTRAIN, the owners of the Content, and other users of the TRAKTRAIN Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

  • is offensive, abusive, defamatory, pornographic, threatening, or obscene;
  • is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of TRAKTRAIN or a third party;
  • includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
  • includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
  • is intended to or does harass or bully other users;
  • impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
  • uses automated means to artificially promote content;
  • involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by TRAKTRAIN;
  • links to, references, or otherwise promotes commercial products or services, except as expressly authorized by TRAKTRAIN;
  • interferes with or in any way disrupts the TRAKTRAIN Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or TRAKTRAIN’s computer systems, network, usage rules, or any of TRAKTRAIN’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
  • conflicts with the Agreements, as determined by TRAKTRAIN.

You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your TRAKTRAIN account.

Infringement and Reporting

TRAKTRAIN respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights.

A notice of alleged copyright infringement may be sent to TRAKTRAIN's designated copyright agent at the following address:

TRAKTRAIN USA Inc.
Copyright Agent
c/o Hallett & Perrin
1445 Ross Avenue
Dallas, Texas 75202

A notification of alleged copyright infringement must be addressed to TRAKTRAIN's copyright agent as listed above. Please include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:

  1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
  2. Specific identification of each copyrighted work claimed to have been infringed;
  3. A description of where the material believed to be infringing is located on TRAKTRAIN Service or the TRAKTRAIN Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
  4. Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
  5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.

We should also let you know that TRAKTRAIN has a policy to terminate in appropriate circumstances the accounts of subscribers who are repeat infringers.

If TRAKTRAIN is notified by a copyright holder that any Content infringes a copyright, TRAKTRAIN may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to TRAKTRAIN with a request to restore the removed content.

If you believe that any Content does not comply with the User guidelines, please fill out our notice form.

Service limitations and modifications

TRAKTRAIN will make reasonable efforts to keep the TRAKTRAIN Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, TRAKTRAIN reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the TRAKTRAIN Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the TRAKTRAIN Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that TRAKTRAIN permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments and cancellations section), TRAKTRAIN will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that TRAKTRAIN has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. TRAKTRAIN and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

Export control

TRAKTRAIN’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.

You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from TRAKTRAIN under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.

Payments and cancellations

Paid Subscriptions can be purchased directly from TRAKTRAIN by paying a monthly subscription fee.

Your payment to TRAKTRAIN will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.

If you believe you are entitled to receive a refund of any monies paid to TRAKTRAIN, please contact TRAKTRAIN.

TRAKTRAIN may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the TRAKTRAIN Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the TRAKTRAIN Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

Term and termination

The Agreements will continue to apply to you until terminated by either you or TRAKTRAIN. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. TRAKTRAIN may terminate the Agreements or suspend your access to the TRAKTRAIN Service at any time, including in the event of your actual or suspected unauthorized use of the TRAKTRAIN Service and/or Content, or non-compliance with the Agreements. If you or TRAKTRAIN terminate the Agreements, or if TRAKTRAIN suspends your access to the TRAKTRAIN Service, you agree that TRAKTRAIN shall have no liability or responsibility to you, and TRAKTRAIN will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your TRAKTRAIN account, please contact Customer Service. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.

Warranty and disclaimer

WE ENDEAVOR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE TRAKTRAIN SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE TRAKTRAIN SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRAKTRAIN AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER TRAKTRAIN NOR ANY OWNER OF CONTENT WARRANTS THAT THE TRAKTRAIN SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, TRAKTRAIN MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE TRAKTRAIN SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT TRAKTRAIN IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE TRAKTRAIN SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM TRAKTRAIN SHALL CREATE ANY WARRANTY ON BEHALF OF TRAKTRAIN IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Limitation and time for filing

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE TRAKTRAIN SERVICE IS TO UNINSTALL ANY TRAKTRAIN SOFTWARE AND TO STOP USING THE TRAKTRAIN SERVICE. WHILE TRAKTRAIN ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO TRAKTRAIN, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRAKTRAIN, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE TRAKTRAIN SERVICE REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TRAKTRAIN HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE TRAKTRAIN SERVICE MORE THAN THE AMOUNTS PAID BY YOU TO TRAKTRAIN DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Nothing in the Agreements removes or limits TRAKTRAIN’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST TRAKTRAIN MUST BE COMMENCED (WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and TRAKTRAIN, the Agreements constitute all the terms and conditions agreed upon between you and TRAKTRAIN and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Please note, however, that other aspects of your use of the TRAKTRAIN Service may be governed by additional agreements. That could include, for example, access to the TRAKTRAIN Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on TRAKTRAIN’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

Severability and waiver

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by TRAKTRAIN or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive TRAKTRAIN’s or the applicable third party beneficiary’s right to do so.

Assignment

TRAKTRAIN may assign the Agreements or any part of them, and TRAKTRAIN may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold TRAKTRAIN harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the TRAKTRAIN Service; and (4) your violation of any law or the rights of a third party.

Governing Law / Jurisdiction

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Texas, United States of America, without regard to choice or conflicts of law principles.

Further, you and TRAKTRAIN agree to the jurisdiction of the Northern District of Texas, Dallas Division to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration.

TRAKTRAIN does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.