Terms & Conditions
- Subject Matter
- Registration, and Warrants and Representations at Registration
- Right of Cancellation
- Obligations of the User
- Changes to the Services on Tracemyworld Web sites
- Termination of the agreement, Reimbursement of Advance Payments
- Responsibility for the User’s Content
- Customer Service/Support
- Liability of Tracemyworld
- Data Protection
- Rights to Contents
- Final Clauses
General Terms and Conditions for using Tracemyworld
"Tracemyworld” refers to the service provided subject to these General Terms and Conditions and/or Tracemyworld Ltd, via Giuseppe Lanz 1, 6850 Mendrisio, Switzerland.
By logging on to Tracemyworld, users accept the following General Terms and Conditions (hereinafter the “GTC”) for using Tracemyworld.
Tracemyworld operates Tracemyworld services under various top-level domains (Tracemyworld.com, Tracemyworld.ch, etc.), as well as various sub-domains and aliases of these domains. All Web sites on which Tracemyworld provides Tracemyworld services are hereinafter referred to as “Tracemyworld Web sites.”
These GTC shall govern the contract relationship between the User and Tracemyworld, irrespective of which Tracemyworld web site the User is registered with or logged on to.
The User enters into this agreement on the use of Tracemyworld services with Tracemyworld Ltd, via Giuseppe Lanz 1, 6850 Mendrisio. Additional contact information, commercial registry data, as well as the name of the authorized representative of Tracemyworld Ltd can be found under “About This Site”.
Tracemyworld and the services are available for individual aged 14 years or older. If a user is 14 or older but under the age of 18, then such user agrees to review the agreement with his or her parent(s) or guardian(s), to ensure that both the user and parent(s) or guardian(s) understand and consent to the agreement and that the user and his or her parent(s) or guardian(s) review and accept the agreement on the user’s behalf through the Tracemyworld registration process. If the reader of the agreement is a parent or guardian entering this agreement for the benefit of a child over 14, then he or she agrees and accepts full responsibility for his or her child’s use of Tracemyworld and the services, including all financial charges and legal liability that such child may incur.
The User can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all Tracemyworld Web sites.
1. Subject Matter
Tracemyworld offers an informative Web site and an advanced Web Portal for the post-analysis and editing of GPS data collected during outdoor activities. It allows users to quickly upload and replay routes recorded by any GPS data logger, build their own routes on a digital map, analyze and compare performances, create communities to share information, comments and to compete with others on a virtual race basis, and much more.
Tracemyworld Web sites offer registered users two options: a) a free, limited use of the Portal (membership in the free program is hereinafter referred to as “Free Membership”), and b) different levels of paying use of The Portal (membership in the paying programs is hereinafter referred to as “Paying Membership”).
Details about the applicable fees for the different levels of Paying Membership are set forth on the Tracemyworld Web sites under "Benefits." The fees listed under "Benefits" are binding. Payments for the Paying Membership shall be due immediately upon invoicing. Payment can be made using the various debiting procedures available, especially with the accepted credit cards, or the available online payment systems. If Tracemyworld is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. Tracemyworld may deliver invoices to the User for Paying Membership by email or by mail.
Any use of the services and contents offered on the Tracemyworld Web sites beyond the scope of options provided by Tracemyworld requires the prior written consent of Tracemyworld.
Tracemyworld shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws or these GTC. Tracemyworld is entitled to remove any illegal or prohibited data and/or information from Tracemyworld Web sites without prior notice to the User.
The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the Tracemyworld Web sites. Tracemyworld shall nonetheless endeavour to keep Tracemyworld Web sites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond Tracemyworld's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on Tracemyworld Web portal.
Tracemyworld may merely provide the User with a platform on which to establish contact with other users, and only provides those technical applications that allow users to contact one another. As regards content, Tracemyworld does not take part in any communication between users. If users enter into agreements with one another over Tracemyworld Web portal, Tracemyworld shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfilment of agreements in which they enter with one another. Tracemyworld shall not be held liable if users are unable to contact one another over Tracemyworld Web portal regarding such agreements. Furthermore, Tracemyworld shall not be liable for breaches of duty in relation to agreements entered into between users.
Group moderators are entitled to choose their members. They may freely choose whether or not a user may join their group.
2. Registration, and Representations and Warranties upon Registration
Users must register prior to using any of the services on the Tracemyworld Web sites.
The User warrants and represents that all of the data provided by the User for registration is accurate and complete.
The User shall report any changes in the registration data to Tracemyworld without undue delay.
The User shall choose a password upon registration. The User is obliged to keep this password secret. Tracemyworld shall not disclose the password to any third party and Tracemyworld shall not ask for the User's password at any time.
By completing the registration process, the User consents to enter the agreement to use the services of the Tracemyworld Web sites. Tracemyworld accepts this offer by activating the membership for the use of services on Tracemyworld Web sites. The agreement takes effect with the aforementioned acceptance by Tracemyworld.
Each User is entitled to register with Tracemyworld only once, and the User may only establish one (1) user profile.
It is technically impossible for Tracemyworld to determine with certainty whether any user registered with Tracemyworld is in fact the person he or she represents to be. Therefore, Tracemyworld assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.
3. Right of Cancellation
For freshly registered account, the User may cancel registration for the Free or Paying Membership programs in writing (e.g. by letter, fax or email) within two (2) weeks without stating a reason. The two-week period begins when membership is activated by Tracemyworld, but not before the receipt of these instructions. Furthermore, the User may cancel registration for the Paying Membership programs in writing (e.g. by post, fax or email) within two (2) weeks without stating a reason, after changing from Free Membership to Premium Membership programs . The two-week period begins when the Paying Membership program is activated by Tracemyworld, but not before the receipt of these instructions.
The User’s right of termination under section 6 shall not be affected by the User’s cancellation right under this section 3.
We do not accept restitutions of products due to ordering mistakes. Tracemyworld accepts goods restitution only upon previous agreement (contact us), within 5 days after receiving the goods, with original packing and not used material. Should the restitution be accepted the net price will be refund, deduced the postal fees sustained for sending and receiving back the goods. In case of goods replacement the shipping costs will be charged to the Buyer.
4. Obligations of the User
The User must not:
- use Tracemyworld or any personal information or location information displayed on or within Tracemyworld to "stalk," harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location information or personal information about other Users;
- use Tracemyworld if You are under the age of 14 years old;
- include offensive or pornographic materials in your Tracemyworld personal profile page;
- use Tracemyworld for any commercial or non-private use, it being understood that Tracemyworld and the Services are to be employed for personal, non-commercial use only;
- fail to deliver payment for any Paid Services
- use Tracemyworld for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
- make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of Tracemyworld. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Tracemyworld accounts of other Users;
- share Tracemyworld-issued passwords or access to your mobile device while any Service is running and accessible with any third party or encourage any other User to do so;
- misrepresent the source, identity or content of information transmitted via Tracemyworld;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of Tracemyworld, features that prevent or restrict use or copying of any content accessible through the Tracemyworld, or features that enforce limitations on use of the Services;
- intentionally interfere with, or damage operation of Tracemyworld, or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libellous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
- post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
- attempt to gain unauthorized access to Tracemyworld, other accounts, computer systems or networks connected to Tracemyworld, or any part of it, through hacking, password mining, or any other means to interfere with, or attempt to interfere with the proper working of Tracemyworld or any activities conducted on Tracemyworld;
- use any robot, spider, scraper or other automated means to access Tracemyworld for any purpose without Our express written permission or bypass Our robot exclusion headers or other measures we may use to prevent or restrict access to Tracemyworld or modify Tracemyworld in any manner or form, nor to use modified versions of Tracemyworld, including (without limitation) for the purpose of obtaining unauthorized access to Tracemyworld; or
- sell or transfer or allow another person to access their account passwords, profiles, or Tracemyworld accounts.
5. Changes to the Services on Tracemyworld Web sites
Tracemyworld reserves the right to modify the services offered on the Tracemyworld Web sites and/or to offer services different from those offered at the time of the User's registration at any time, unless this is unreasonable for the User.
6. Termination of Membership, Reimbursement of Advance Payments
The User may terminate the Free Membership program at any time without cause. The User may deliver notice of termination using the contact form available on Tracemyworld Web site at any time. The termination notice shall include the User’s registered name and an email address of the User registered on one of the Tracemyworld Web site.
The User may terminate without cause any Paying Membership programs to the end of any renewal period after said minimum runtime expires, by giving notice of fourteen (14) business days. The user may deliver notice of termination using the contact form available on all Tracemyworld Web sites, or by sending a fax or letter to Tracemyworld. The termination notice shall include the registered name of the User and an email address of the User registered on the Tracemyworld Web sites. If the User has terminated any Paying Membership program, the User is entitled to retain a Free Membership program for 6 months. The provisions of this section 6.2 shall not affect the right of both parties to terminate the agreement for good cause.
Tracemyworld may terminate accounts in the Free Membership program, which have not been opened within a reasonable period (6 months). Tracemyworld may declass an account in any Paying Membership program to the Free Membership program in case of non-payment of the renewal fees.
A good cause is defined as an event which makes it unacceptable for Tracemyworld to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of Tracemyworld against the User's. A good cause includes any the following events:
- If the User fails to comply with any applicable legal provisions
- If the User breaches a contractual obligation, in particular an obligation set forth in sections 2 and 4 of these GTC
- If the reputation of the services offered on the Tracemyworld Web sites is substantially impaired by the online-presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users);
- If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;
- If the User causes harm to any other user(s)
In the event of a good cause in accordance with section 6.4 and notwithstanding Tracemyworld's right to terminate the contract in accordance with section 6.4, Tracemyworld is entitled to:
- Delete the contents posted by the User
- Issue a warning, or
- Block the User's access to the services on the Tracemyworld Web sites.
In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:
- If Tracemyworld has terminated the contract for good cause pursuant to section 6.4,
- If Tracemyworld has blocked the User’s access in accordance with section 6.5, or
- If the User has terminated the agreement.
However, the User's right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to Tracemyworld.
7. Responsibility for the User’s Content, Data or other Information
Tracemyworld does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the Tracemyworld Web sites or on any external websites linked to them. In particular, Tracemyworld does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
The User may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of these GTC (including the use of pseudonyms or false identities) using the contact form available at all Tracemyworld Web sites.
8. Customer Service/Support
Queries regarding agreement with Tracemyworld or regarding Tracemyworld services can be sent by the customer to Tracemyworld using the contact form available at all times on all Tracemyworld Web sites, or by sending a fax or letter.
9. Liability of Tracemyworld
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against Tracemyworld (including its vicarious agents) shall exist only if Tracemyworld breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims are limited to typical and foreseeable damages. Limits shall not apply to the extent damages are covered by Tracemyworld's business liability insurance, provided the insurance company has effected payment to Tracemyworld. Tracemyworld undertakes to maintain the insurance coverage existing at the time this agreement is concluded.
This shall not affect personal injury and property damage claims based on the Swiss Product Liability Act.
The User shall indemnify and exempt Tracemyworld from all actions, including damage claims, asserted by other users or third parties against Tracemyworld resulting from an infringement of their rights by the contents posted by the User on Tracemyworld Web sites. Furthermore, the User shall indemnify and exempt Tracemyworld from all actions, including damage claims, asserted by other users or third parties against Tracemyworld resulting from an infringement of their rights regarding the use of the services on Tracemyworld Web sites by the User. The User assumes all reasonable costs Tracemyworld incurs due to an infringement of third party rights, including all reasonable legal-defence costs. All other rights, including damage claims by Tracemyworld, are hereby unaffected. The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.
In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at Tracemyworld's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of Tracemyworld Web sites, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by Tracemyworld.
Certain individuals or vendors (collectively "third party vendors") with whom Tracemyworld maintains a commercial relationship may market their own promotions and services on (or through) Tracemyworld.com. To participate in some of those promotions or access some of those services, a User may be required to make payment for the specific service or promotion to the third party vendor that markets that specific service or promotion. Tracemyworld is not responsible for the administration or application of any User payments required by any third party vendor for any such select services or promotions. Tracemyworld is also not liable for the products that a third-party vendor sells directly to an User (without a direct involvement of Tracemyworld in the transaction).
11. Data Protection
12. Right to Contents
When a User transmits or otherwise supplies User Content to Tracemyworld, or otherwise makes User Content available on or through Tracemyworld.com, he or she expressly grants Tracemyworld a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate, or distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with Tracemyworld or the promotion thereof.
In addition, Tracemyworld obtains a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to create derivative works from User Content, display User Content, in whole or in part, and/or to incorporate User Content in other works in any form, media or technology, and a User agrees that any "moral rights" in that User Content have been waived. Moreover, when a User posts User Content to Tracemyworld.com, he or she authorizes and directs Tracemyworld to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Content.
The rights held by Tracemyworld relative to User content, as delineated above, are, however, subject to the limitation that should Tracemyworld seek to make use of certain User Content - namely a User's image -for explicit commercial or advertising purposes, Tracemyworld will make a reasonable effort to secure consent from that User for that specific purpose.
Further, Tracemyworld does not assert any real ownership over User Content. Rather, subject to the rights granted to Tracemyworld in these Terms and Conditions of Use, a User retains full ownership of any and all of his or her User Content and any intellectual property rights or other proprietary rights associated with said User Content.
When the User posts his or her contribution to a forum, the User grants Tracemyworld an unlimited, irrevocable and assignable right of use for the respective contribution, which Tracemyworld is entitled to utilize for any purpose. In particular, Tracemyworld is entitled to keep said contribution on the forum, and on its Web sites and the Web sites of its partners, or use it for marketing the forum in any other way. Consequently, Tracemyworld has a right of use over all contributions to discussion forums it operates. Duplication or the use of these contributions or their contents in other electronic or printed publications is prohibited without the express written consent of Tracemyworld. Copying, downloading, dissemination, distribution and storing of the contents of Tracemyworld and/or third parties, with the exception of the cache memory when searching for forum pages, is prohibited without its express consent.
13. Final Clauses
These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.
Tracemyworld reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. Tracemyworld shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. Tracemyworld shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.
Unless otherwise stated in these GTC, the User may submit all notices to Tracemyworld using the contact form provided on each of the Tracemyworld Web sites, or by letter or fax. Tracemyworld may send notices to the User by email, fax or post to the addresses given in the User’s current contact data in his or her user account.
If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.
The place of performance under these GTC shall be Tracemyworld's main place of business. (July 2009: Mendrisio, Switzerland) Notwithstanding the above, Tracemyworld may, at its own election, choose to bring any action against User in the courts of the domicile of the User.
In the event of inconsistency or discrepancy between the Italian language version of these GTU and the other language versions, the Italian version shall prevail.
These GTC and the contractual relationship shall be governed and construed in accordance with the substantive laws of Switzerland, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by Swiss Law.
Mendrisio, July 2009