Terms and Conditions of Use

1. GENERAL

By installing the Application you agree to be bound by these terms of use. Please review them carefully before installation and/or acceptance.

2. DEFINITIONS

The “Application” shall mean the software provided by TREKRECORD LTD. [the Provider] under the name of “Trekrecord” to be used on Apple iOS devices together with the “Service” that is provided through that software. The definition of the term Application also covers any upgrades and any other software or documentation which enables the use of the Application and the Service.

The terms “Application” and “Service” shall be used interchangeably and the use of either expressly indicates the use of both.

3. PRIVACY

We strongly encourage you to read our Privacy Policy and to use it in order to help you make informed decisions. Any personal information you supply to the Provider when using the Application will be used by the Provider in accordance with the Privacy Policy.

When you publish content or information, it means that you are allowing everyone, including people off of Trekrecord, to access and use that information, and to associate it with you.

4. PROPRIETARY RIGHTS AND LICENCE

All trademarks, logos, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned by the Provider who hereby grants you a worldwide, non-exclusive, royalty-free revocable license to use the Application for your personal use in accordance with these terms.

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction and (v) for content that is covered by intellectual property rights, like photos and videos (IP content), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Trekrecord (IP License), until that content is deleted.

5. CONDITIONS OF USE

You will not, nor allow third parties on your behalf to:

  1. make and distribute copies of the Application
  2. attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application
  3. create derivative works of the Application of any kind whatsoever

You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application and as a result you may be charged accordingly.

In order for Trekrecord to provide the intended level of quality information on travelling and destinations, you must always observe the basic principles of Trekrecord, namely:

  1. Don't add countries that you've been to for less than 12 hours.
  2. Don't upload photos from places you haven't been to.
  3. Don't upload photos you don't own.
  4. Don't write Treknotes - tips from places you haven't been to

Trekrecord will ban a user if it's found out that he or she is lying. Add a country if you have actually spent some time in it, not if you have just travelled through it to go to another country, or if you have just spent time in the airport waiting for a connecting flight.

Respect the Trekrecord each trekker has and don't be a cheater!

The use of the application and the acceptance of these Terms, besides the strict adherence of the basic Principles above, include the following commitments by you:

  1. You will not post unauthorized commercial communications
  2. You will not collect users’ content or information, with any means, including automatic ones without our prior explicit written consent
  3. You will not engage in unlawful marketing
  4. You will not upload viruses or other malicious code
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, stalk, intimidate, or harass any user
  7. You will not post content that: is hate speech, threatening, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence
  8. You will not use Trekrecord to do anything unlawful, misleading, malicious, or discriminatory. By accessing or using Trekrecord you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
  9. You will not provide any false personal information in order to create an account for anyone other than yourself without permission.
  10. You will not create more than one personal account.
  11. You will not use the Application if you are under 16.
  12. You will not use the Application if you are a convicted sex offender.
  13. You will keep your contact information accurate and up-to-date.
  14. You will not share your password let anyone else access your account.
  15. You will not transfer your account to anyone without our written permission.
  16. You must provide proof of trekrecords if requested, in order to prove actual travel to destinations when your claims are challenged by other users
  17. You will not post content or take any action on the Application that infringes or violates someone else's rights or otherwise violates the law.
  18. You will not use our copyrights or trademarks, without our prior written permission.
  19. You will not post anyone's identification documents, sensitive financial information or any kind of sensitive personal information of a third party.
  20. You must not interfere or disrupt the Application or services provided with any means, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any the Application.
  21. You agree that Trekrecord is not responsible for, and does not endorse, Content posted within the Service and you acknowledge that the use of the Application and the Service is at your own risk. Trekrecord does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  22. You will not facilitate or encourage any violations of these Terms.

6. AVAILABILITY

The Application is currently made available to you free of charge for your personal, non-commercial use and the Provider reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these terms, at any time and for any reason.

We reserve the right to refuse access to the Service to anyone for any reason at any time.

We reserve the right to force forfeiture of any username (the name under which you use the application) when in breach of these terms.

We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.

This Application is available to handheld mobile devices running the Apple iOS Operating System and the Provider will use reasonable efforts to make the Application available at all times. However you acknowledge that we do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable and will not be responsible for any support or maintenance for the Application.

7. LIMITATION OF LIABILITY

In no event the Provider can be held liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application or any action taken in connection to it.

You are solely responsible for your conduct and any data, text, files, information, images, graphics, photos, or on general content collectively, "Content") that you submit, post or display on or via the Application.

You are solely responsible for your interaction with other users of the Application, whether online or offline. You agree we are not responsible or liable for the conduct or content of any user.

The Application may include third-party content (including links to third-party web sites or features) that the Provider does not control, maintain or endorse. The Application may also permit interactions between the Application and a third-party web site or feature. Trekrecord does not control any of this content or these third-party web services or any of their content. You expressly acknowledge and agree that the Provider is in no way responsible or liable for any such third-party content, services or features and that using them is your own option and risk, and you will hold the Provider blameless for activity related to that use

The Provider is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

8. TERMINATION

We reserve the right to terminate the use of the Application at any time.

We reserve the right to modify or terminate your access to the Application for any reason, without notice, at any time. In this case, your photos, comments, connections, and all other data will no longer be accessible through your account.

Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately terminate and you must cease all use of the Software. If we delete your account, you will not create another one without our permission.

9. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by law the Provider hereby disclaims all express or implied warranties with regard to the Application, including but not limited to the warranties of merchantability, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. The Application, the software, User Content, and the Service are provided "as is" and "as available" without warranty of any kind and the Provider does not warrant that the Application or the Service will be error-free or uninterrupted, that defects will be corrected or that the service is free from harmful components, or that the information on the Service (including instructions) is accurate, complete, or useful.

10. INDEMNIFICATION

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at the Provider's request), indemnify and hold the Provider harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you.

You will cooperate as fully required by the Provider in the defense of any claim. The Provider reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the Provider.

11. TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with the Provider must be filed within one year after the first instance when such claim arose; otherwise, your claim is permanently barred.

12. GOVERNING LAW & VENUE

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law and will not be governed by the UN Convention on Contracts for the International Sale of Goods (CISG).

Any dispute that arises from or in connection with the use of the Application or the Service is under the exclusive jurisdiction of the Courts of Athens, Greece.

13. ENTIRE AGREEMENT

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and the Provider and governs your use of the Application and the Service, superseding any prior agreements between you and the Provider.

Any purported assignment or delegation of rights and responsibilities under these rules, by you without the appropriate prior written consent of the Provider will be null and void. The Provider may assign these Terms of Use or any rights hereunder without your consent.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, unlawful, void or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

14. DATE OT LAST REVISION

The effective date of these Terms of Use is September 1, 2014. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version prevails.