Trekk.it Corporation ("TREKKIT") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any time : Terms of Service.
TREKKIT provides users with access to an adventure sharing platform which may be accessed through various mediums or devices now known or hereafter developed (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for TREKKIT to provide the Service.
You understand and agree that the Service may include certain communications from TREKKIT, such as service announcements and administrative messages that are considered part of the TREKKIT Membership, and that you cannot opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new TREKKIT websites and mobile applications, is subject to this TOS. You understand and agree that the Service is provided "AS-IS" and that TREKKIT assumes no responsibility for the timeliness, feature deletion, mis-delivery or failure to store any user data, or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
By clicking the "I accept the terms..." checkbox on the sign up page or by otherwise using the Service, you agree to be bound by the terms of this Agreement. If you do not agree with any term or condition, do not use the Services.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. TREKKIT is concerned about the safety and privacy of all its users, particularly children.
For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they will be able to access all of the Service. Please remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content is appropriate for your child.
It is expressly understood, acknowledged and agreed that you shall, regardless of whether or not formally requested to do, provide to TREKKIT reasonable suggestions, comments and feedback regarding the Services, including but not limited to usability, bug reports and test results, with respect to the Service (collectively, "Feedback").
If you provide such Feedback to TREKKIT, you shall grant TREKKIT the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights:
(i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any TREKKIT product, technology, service, specification or other documentation (individually and collectively, "TREKKIT Services");
(ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any TREKKIT Service;
(iii) solely with respect to Licensee's copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and
(iv) to sublicense to third parties any claims of any patents owned or licensable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a TREKKIT Service, technology or service.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require TREKKIT to comply with any additional obligations with respect to any TREKKIT Products that incorporate any Feedback.
During registration for TREKKIT, you will select a password. Upon successful registration for the Service, you will receive a TREKKIT account. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password. You agree to
(a) immediately notify TREKKIT of any unauthorized use of your password or account or any other breach of security, and
(b) exit from your account at the end of each session.
TREKKIT will not be liable for any loss or damage arising from your failure to comply.
You understand that all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
This means that you, and not TREKKIT, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. TREKKIT does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TREKKIT be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via the Service.
You agree that you will not use the Service to:
You acknowledge that TREKKIT does not pre-screen Content, but that TREKKIT and its designees have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, TREKKIT and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TREKKIT or submitted to TREKKIT that is available on any part of the Service.
You acknowledge and expressly consent to TREKKIT accessing, preserving, and disclosing your account information and Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of TREKKIT, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
TREKKIT does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant TREKKIT the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to photos, graphics, audio, GPS points, or video you submit or make available for inclusion on publicly accessible areas of the Service , the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or TREKKIT removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You irrevocably waive any moral rights or other rights with respect to attribution of authorship or integrity in the Content you submit.
You agree to indemnify and hold TREKKIT and its subsidiaries, affiliates, officers, employees, agents, co-branders, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
TREKKIT reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TREKKIT will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that TREKKIT, in its sole discretion, may terminate your account and remove and discard any Content within the Service, for any reason, including, without limitation,
(a) lack of use,
(b) if TREKKIT believes that you have violated or acted inconsistently with the letter or spirit of the TOS or other incorporated agreements or guidelines,
(c) requests by law enforcement or other government agencies,
(d) a request by you (self-initiated account deletions),
(e) discontinuance or material modification to the Service (or any part thereof),
(f) unexpected technical or security issues or problems,
(g) in compliance with legal process;
(h) if you have or we believe you have engaged in illegal activities, including without limitation, fraud, and/or
(i) nonpayment of any fees owed by you in connection with the Services.
TREKKIT may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You acknowledge and agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice and that TREKKIT may immediately deactivate or delete your account and all related Content (including without limitation Trekks and photos)) associated with or stored in your account and/or bar any further access to such Content or the Service.
Further, you agree that TREKKIT is not liable to you or any third-party for termination of your account, or termination of your access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, WARRANTIES, REPRESENTATIONS, OR CONDITIONS associated with such dealings, are solely between you and such advertiser.
You agree that TREKKIT is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TREKKIT has no control over such sites and resources, you acknowledge and agree that TREKKIT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that TREKKIT is not responsible or liable, directly or indirectly, 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.
TREKKIT grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by TREKKIT for use in accessing the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by TREKKIT or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TREKKIT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TREKKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
By signing up to Trekkit you will be signing up to our newsletter. You can unsubscribe to the newsletter at anytime by following the directions at the botton of the newletter email.
Notices to you may be made via email. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on the Service.
You agree that all of TREKKIT’s trademarks, trade names, service marks and other TREKKIT logos and brand features, and product and service names are trademarks and the property of TREKKIT Inc. (the “TREKKIT Marks”). Without TREKKIT’s prior permission, you agree not to display or use in any manner the TREKKIT Marks.
Entire Agreement. The TOS constitute the entire agreement between you and TREKKIT and govern your use of the Service, superseding any prior agreements, oral or written, between you and TREKKIT with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain TREKKIT services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and TREKKIT shall be governed by the laws of the province of New Brunswick and Canada without regard to its conflict of law provisions. You and TREKKIT agree to submit to the personal and exclusive jurisdiction of the courts located within the province of New Brunswick, Canada.
Waiver and Severability of Terms. The failure of TREKKIT to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your TREKKIT account is non-transferable and any rights to your TREKKIT Account or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all Content permanently deleted.
Statute of Limitations. 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 Service or related to the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Further Assurances. You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as TREKKIT may reasonably require from time to time for the purpose of giving effect to these TOS, including regularly reviewing the TOS and updating your registration information. Language. The parties hereto have agreed that this Agreement and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our support group at Feedback