Welcome to Trakzor.com!

The terms and conditions below describe the agreement applicable to your use of this site. We reserve the right to amend these terms and conditions at any time. Changes or amendments will be posted at the bottom of this page for public view and be considered effective 15 days from the date such changes are posted. You further agree that by accessing the Trakzor web site or utilizing the Trakzor services you agree to be bound by the terms and conditions as are in effect from time to time.

Terms & Conditions:

INTRODUCTION TO TRAKZOR.
Upon your registration, you may choose your own password or Trakzor will assign you a password to access the Trakzor network through the Trakzor web site. For purposes of these terms and conditions, people who have registered for a Trakzor account are referred to as Users.

TRAKZOR TRACKING SERVICES.
When a User registers, he or she agrees to have his or her MySpace identity revealed to other Trakzor users, as well as to see whom or when other Users and visitors view his or her profile. The User will have the option to hide his or her MySpace identity from other Users by adjusting privacy settings, though Trakzor makes no warranties regarding this service or the effectiveness of the privacy settings.

Trakzor also makes no warranties regarding the accuracy of the tracking system. Trakzor takes reasonable measures to prevent identity spoofing, though it is impossible to ensure, without fail, that every tracked User is who he or she says he is or that Trakzor will not fail to identify another User specifically. Be mindful of this fact throughout your use of the Trakzor system.

Trakzor also makes no warranties regarding the functional effectiveness of the tracking system, as Trakzor relies on certain features of 3rd party web sites. Such features are out of Trakzor's control.

INFORMATION YOU PROVIDE TO US.
Upon using the Trakzor web site, Users will be able to set up an account and will disclose certain information about themselves. This information will be stored on our web site. This information will not be available to other users directly. However, your MySpace ID will link others to your MySpace profile. All information may also be available to other persons or entities in connection with our business. By providing this information to us, you expressly consent to being contacted by us and by our Users and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other reasonable purposes related to our business. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Trakzor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Trakzor has the right to refuse any current or future use of the Trakzor services (or any portion thereof) by you. You are responsible for any use of the Trakzor web site and any related services we provide by persons to whom you intentionally or negligently allow access to your password.

YOUR USE OF THE TRAKZOR WEB SITE.
We reserve the right to revoke your access at any time. If it is determined or suspected by Trakzor in its sole discretion that you are misusing or attempting to misuse or circumvent the Trakzor web site or system, or are using or attempting to use it for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Trakzor reserves the right, in its sole discretion, to immediately terminate your access without notice and to instigate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

TO KNOWINGLY INPUT FALSE DATA INCLUDING BUT NOT LIMITED TO MYSPACEID, NAME, PHONE NUMBER, ADDRESS, E-MAIL ADDRESS, SKILLS OR CERTIFICATIONS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES, INVASION OF PRIVACY RIGHTS OF OTHERS TO TRAKZOR AND ITS PARTNERS, NOT TO MENTION THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST. THERE ARE ALSO POSSIBLE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING THE WRONG PEOPLE. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A REQUEST FOR PROJECT ASSISTANCE, OR RESPONSE TO UNDERTAKE A PROJECT, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAI L OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO TRAKZOR AND EACH TRAKZOR CUSTOMER WHO ACCEPTS SUCH PROJECT REQUEST OR RESPONSE FOR THEIR ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

LINKS TO THIRD PARTY SITES.
The links in the Trakzor web site will let you leave Trakzor's web site. The linked sites are not under the control of Trakzor and Trakzor is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Trakzor is not responsible for webcasting or any other form of transmission received from any linked site. Trakzor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Trakzor of the site.

DISCLAIMER: TRAKZOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

LAWFUL USE.
Users may not use Trakzor facilities and capabilities to conduct, or solicit the performance of, any illegal activity, or to conduct any other activity which infringes on the rights of Trakzor or any third party.

INAPPROPRIATE MATERIAL.
Trakzor Users may not place Trakzor on or use Trakzor for a profile that contains nudity, pornography, adult material, obscenity, discriminatory/hate propaganda, "warez", hacking-related material, material which promotes the illegal distribution of software, or any material that results in reasonable complaints from other customers or third parties.

INTELLECTUAL PROPERTY RIGHTS.
Users may not upload or transmit any message, data, image or program that would violate the property rights of others. This includes the unauthorized transmission of copyrighted text, images, music, programs, or trade secrets or other confidential proprietary information, trademarks, service marks or trade names used in an infringing manner.

Users may not upload or transmit any information which is libelous or defamatory, or which violates or infringes on any right of privacy of any person.

INTERFERENCE WITH SERVICE.
There shall be no attempt to gain unauthorized access to Trakzor systems or accounts, disrupt service or network connectivity, misuse Trakzor facilities, or create fraudulent accounts or do any other unlawful act.

VIRUSES.
In the event that any virus or destructive element is found or furnished with any content, the customer will use their best efforts upon learning that such situation exists; to immediately eliminate the virus or destructive element. Buyer or developer will notify Trakzor as to the existence of any such virus or destructive element immediately upon discovery thereof, and Trakzor will have the right to take any steps it deems necessary to eliminate the virus or destructive element and to be reimbursed by the customer for its costs relating to any such commercially reasonable steps.

"JUNK EMAIL" (SPAM, FLAMES, AND MAIL-BOMBS).
Trakzor servers and Trakzor-hosted domains may not be the source, intermediary, or destination address involved in the transmission of junk email, nor will they be listed in any junk email message. The use of Trakzor servers or networks to send or relay junk email is prohibited.

Trakzor defines "junk email" to be a mass unsolicited message in any medium. Violation will result in immediate termination of all services without refund. Fines and legal action may be imposed. Any customer who is repeatedly flamed/mail-bombed or attracts such behavior will be asked to leave.

Trakzor’ mailing list services are provided for use as discussion forums only, and may not be used to distribute unsolicited email. All users on a list must have personally subscribed to that list.

SUBHOSTING.
Trakzor services are provided for end users only. No subhosting or resale of any services, for fee or for free, is permitted without the express consent of Trakzor.

NEWSLETTER.
By becoming a User, you agree to receive the Trakzor newsletter on an opt-out basis. We will not sell your information to other parties or bomb you with any type of spam.

CRIMINAL PROSECUTION.
There are numerous federal, state and international laws regulating the use of the Internet. Trakzor will not hesitate to initiate criminal prosecution and/or cooperate with government agencies relating to abuse of Trakzor services or systems.

GENERAL PROVISIONS.
You acknowledge and agree that the Trakzor services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Trakzor's sole obligation to you or any third party for any claim arising out of your use of the Trakzor services or the Trakzor Web site, is that you are free to discontinue your use of the Trakzor services or the Trakzor Web site at any time. TRAKZOR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF TRAKZOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTA L OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. You agree to indemnify Trakzor, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the Trakzor services or connection to the Trakzor web site or your violation of the terms and conditions, or arising from your violation of any rights of a third party. The terms and conditions will inure to the benefit of Trakzor's successors, assigns and licensees. If any provision of these terms and conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Trakzor to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. 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 Trakzor services or the terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the terms and conditions are for convenience only and have no legal or contractual effect. These terms and conditions is governed by the laws of the Commonwealth of Virginia as such laws are applied to agreements entered into and to be performed entirely in the Commonwealth of Virginia and between Virginia residents. You agree to submit to jurisdiction in Virginia and that any claim arising under these terms and conditions will be brought solely in a state or federal court located in the City of Roanoke, Virginia.

MYSPACE.
You agree to hold Trakzor harmless for any actions MySpace takes against you for your use of Trakzor.

© 2006 Innercore Productions, L.L.C. All rights reserved.

Terms of Use - Privacy - Contact Us || Trakzor.com and the tracking application are not affiliated with MySpace in any way. || Copyright Innercore Productions, L.L.C. 2006