TERMS OF SERVICE

Cropped-Background.jpg

 GOOD TRKR TERMS OF SERVICE

 

Good TRKR provides a digital platform (the “Fotition Platform”) that permits our participating charitable organizations (“Charities”), either on their own or in conjunction with other Charities and/or one or more of our participating corporate sponsors (“Brands”), to create Campaigns to encourage support of the Charity(ies) involved or a cause supported by the Charity(ies) involved, and through which Good TRKR may itself create Campaigns to encourage support for certain causes or for other purposes.  The Fotition Platform includes (a) one or more applications for mobile devices (collectively the “Application”), (b) the Good TRKR website at www.Fotition.com, any mobile version of such website and any other affiliated websites and domains owned and operated solely by Good TRKR (collectively, the “Site”) and (c) the services made available by Good TRKR through the Site or the Application.   Users of the Application and the Site can participate in Campaigns by, among other things, posting photos and videos of themselves showing support for a Campaign (which we call “Fotes”). 

Your use of the Fotition Platform is subject to the terms of a legal agreement (the “Agreement”) between you and Good TRKR that includes these Terms of Service, our Privacy Policy, found at https://www.vaquitadefenders.org/privacy-policy (the “Privacy Policy”) and any other posted Good TRKR rules, guidelines or policies applicable to the Fotition Platform (together with the Privacy Policy, collectively the “Policies”).  By using any portion of the Fotition Platform or by clicking “accept” or “agree” to these Terms of Service you acknowledge and agree that you have read, understood, accept and agree to be bound by the terms of the Agreement.  If you do not agree to or cannot comply with any term of this Agreement, then you should not register for a Fotition account and should discontinue your use of the Fotition Platform immediately, as Good TRKR permits you to use the Fotition Platform only upon the condition that you accept all of the terms contained in the Agreement. 

We may from time to time modify this Agreement (including the Policies). Those changes will become effective immediately upon posting on the Site or our other notice of such changes to you.  You are responsible for reviewing and becoming familiar with any modifications.  Your access or use of the Fotition Platform after posting or other notification to you of changes to this Agreement constitutes your acceptance of the Agreement as changed.

1.  Eligibility to Use the Fotition Platform.  You may not use the Fotition Platform if you are under 13 years old.  Minors between the ages of 13 and 17 may not use the Fotition Platform or register for a Good TRKR account without the authorization of their parent(s) or legal guardians(s).  You represent and warrant that you are of legal age to form a binding contract, or an emancipated minor, or possess legal consent of your parent(s) or legal guardian(s), and that you are fully able and competent to enter into and comply with this Agreement with Good TRKR.     We make no representation that the Fotition Platform is appropriate or available for use in any particular location.  Those who use the Fotition Platform do so of their own initiative, and are responsible for compliance with all applicable laws including local rules regarding online conduct and acceptable content. 

2.  Campaigns.  The Fotition Platform consists of website(s), mobile application(s), and related technology, which can be used by our participating Charities, alone or in conjunction with other participating Charities and/or participating Brands, to create Campaigns, to encourage support of the Charity(ies) involved in the Campaign or causes they support, or may be used by us to create Campaigns to encourage support for certain causes or for other purposes.   You will be able to participate in the Campaign by uploading a “Fote” through the Application, consisting of a photo or video responding to a particular call to action requested by the Campaign, and by using other features and functionality that we provide you through the Fotition Platform, such as the ability to share Fotes with others through Facebook, Twitter or other social media networks. A summary of the relevant terms of a Campaign will be posted through the Application and the Site to enable your participation. Good TRKR is not a charitable organization nor is it a sponsor of the Campaigns conducted through the Fotition Platform by our participating Charities and Brands, and our responsibilities with respect to such Campaigns are limited to facilitating your ability to participate in Campaigns through making the Fotition Platform, including the Site and the Application, available on the terms of this Agreement.  In order to use the Fotition Platform, you must: (a) install the Application on a compatible mobile device; (b) create a Fotition account including providing all required information in the registration process as further described below; and (c) maintain your Fotition account in good standing.  Use of the Fotition Platform requires Internet access through your computer or mobile device.  You are responsible for all Internet access and mobile carrier charges resulting from your use of the Fotition Platform, including from any notifications provided by the Fotition Platform. We do not guarantee that the Fotition Platform will be compatible with all devices or will be supported by all mobile carriers.

3.  Your Account.  In order to access or continue to access some or all of the Fotition Platform, you will have to register for a Fotition account with Good TRKR.  As part of the registration process, you will be required to provide information to Good TRKR.  The information you provide in the registration process or in updating such information is referred to as “Profile Data”.  You agree that all Profile Data you provide to us will be and will remain accurate, current and complete and you agree to update this information to keep it accurate, current and complete.  You acknowledge, consent and agree that we may use and disclose your Profile Data as described in our privacy policy.   Access to your account requires an email and password, or alternatively connection via social media networks such as Facebook or Twitter.  You are solely responsible for maintaining the confidentiality of your account log in information and password.  You agree not to use the email, username, password or account of another user, or to permit anyone else to use your username, password or account.  If you become aware of any unauthorized use of your username, password or account, you agree to notify Good TRKR immediately at admin@wearetrkr.com.  You are solely responsible to Good TRKR for all activities that occur under your Fotition account.  You acknowledge that you do not own the Fotition account you use to access the Fotition Platform, nor do you possess any rights of access or rights to data stored by or on behalf of Good TRKR on the Fotition Platform.  You acknowledge and agree that Good TRKR owns any information or data resulting from use of the Fotition Platform, including without limitation data or information regarding your participation in Campaigns. 

4.  Reward Programs, Sweepstakes and Promotions.  From time to time, Good TRKR may provide you and other users with the opportunity to participate in reward programs or in sweepstakes or other promotions for a chance to win experiences or other prizes provided by our participating Charities or Brands (each a “Promotion”).  The eligibility requirements for Promotions are different than the eligibility requirements for use of the Fotition Platform, and you will need to review the specific eligibility requirements for a Promotion to determine if you are eligible to participate. The eligibility requirements for Promotions and the other terms and conditions applicable to such Promotions will be posted through the Fotition Platform.  Your ability to participate in any such Promotion will be subject to your meeting the eligibility requirements and compliance with the applicable terms and conditions for such Promotion.

5.  Content.  You understand that all text, graphics, photos, videos, sounds, music, audiovisual combinations, and other information, data and materials (“Content”) which you have access to as part of, or through your use of the Fotition Platform, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated.   You should be aware that Content presented to you as part of the Fotition Platform may be protected by intellectual property rights.   Unless you have been specifically told that you may do so by us or by the owners of that Content in a separate agreement, you may use such Content only as contemplated and permitted by the functionality of the Fotition Platform and the terms and conditions of this Agreement. 

Some of the Content displayed on or through the Fotition Platform is Content that is provided by or collected from third party sources, including without limitation participating Charities and Brands, or is Content submitted, posted or displayed by Users (collectively, “Third Party Content”).  Good TRKR does not control Third Party Content and therefore does not guarantee the accuracy, integrity, or quality of such Third Party Content.  You understand that by using the Fotition Platform, you may be exposed to Content that is offensive, indecent or objectionable.  Good TRKR does not plan to pre-screen Third Party Content for appropriateness, but Good TRKR reserves the right to pre-screen, filter, modify, refuse, or remove any or all Content from any Service.  Good TRKR reserves the right (but has not obligation) to monitor, screen, refuse, remove or edit any or all Content in Good TRKR’ sole discretion for any reason, but you acknowledge that Good TRKR undertakes no obligation to do so.   Good TRKR expressly disclaims any and all liability in connection with Third Party Content.

You agree that you must evaluate, and bear all risks associated with, your use of any Content.  Content is provided to you “as is” for your personal use only, and may not be used, downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any commercial purposes or any other purposes whatsoever except as expressly permitted under this Agreement or with the prior written consent of Good TRKR or the respective Content owner.

6.  Your Fotes and Other User Contributions.  By submitting, posting or displaying Fotes on or through the Fotition Platform, you grant Good TRKR and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, fully sub-licensable and transferable right and license to use, reproduce, modify, create derivative works of,  distribute, display, perform and otherwise exploit such Fotes in any media (including without limitation through the Application, on the Site and on any social media sites associated with the Fotition Platform) to promote and provide the Fotition Platform, to promote and provide the Campaign to which it relates and any associated Promotion(s), and  to promote the Charity(ies) and the causes supported by such Campaign and the sponsorship by Brands of such Charity(ies) and causes.  Without limiting the foregoing, but for purposes of clarification, we acknowledge and agree that we and our affiliates will not use your Fotes or sublicense your Fotes for use, in any product advertising.  You may also be able to submit, post or display other Content to the Fotition Platform, such as reviews, comments, ratings, suggestions, ideas, questions or messages, on your own initiative or in response to queries, or by engaging in other forms of communication through the Fotition Platform (such other Content, (“Other User Contributions”, and together with Fotes, “User Contributions”).  By submitting, posting or displaying Other User Contributions on or through the Fotition Platform, you grant Good TRKR and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, fully sub-licensable and transferable right and license to use, reproduce, modify, create derivative works of, distribute, display, perform and otherwise exploit such User Contributions in any media (including without limitation through the Application, on the Site and on any social media sites associated with the Fotition Platform) to promote and provide the Fotition Platform, Campaigns, Promotions and otherwise in connection with the Fotition Platform and our and our affiliates’ business.  You also hereby grant each user of the Fotition Platform a non-exclusive license to access your User Contributions through the Fotition Platform and to use, reproduce, distribute, display and perform such User Contributions as contemplated and permitted by the functionality of the Fotition Platform and this Agreement. The foregoing rights and licenses are granted and may be exercised without any compensation, notification, approval, or other obligation to you or anyone else.  If you do not wish to grant the foregoing rights and licenses, do not submit, post or display User Contributions on or through the Fotition Platform.

You understand that your User Contributions will be published through the Fotition Platform, may be shared by other Users outside of the Fotition Platform, and may be used as permitted under the foregoing licenses, and that Good TRKR does not guarantee the confidentiality of your User Contributions.  You agree that you are solely responsible for your own User Contributions and the consequences of submitting, posting or displaying them.  We will have the right, but not the obligation, to review your User Contributions, and may reject or remove any User Contribution at any time in our discretion.   You affirm, represent and warrant that:  (a) your User Contributions will be in compliance with the terms of this Agreement, including without limitation Section 8 hereof; (b) your User Contributions will not infringe or violate the rights of any other party or any laws and are not subject to any confidentiality or other contractual restriction on their use or disclosure; and (c) your User Contributions are original to you and you own all right, title and interest in all elements of your User Contributions, or you otherwise have all the necessary licenses, rights, consents, waivers, releases, authorizations and permissions to enable inclusion of the User Contributions in the manner contemplated by the Fotition Platform and to grant the rights and licenses granted by you under this Agreement.  You agree to pay for any and all royalties, fees, or other amounts owed by reason of User Contributions you submit, post or display on or through the Fotition Platform.

7.  Your Conduct. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to your use of the Fotition Platform and Content.  As a condition of use, you promise not to use the Fotition Platform for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by Good TRKR.

By way of example, and not as a limitation, you agree that you will not do any of the following:

  • violate or facilitate or encourage any violation of this Agreement or any applicable local, state, national or international law or regulation;

  • impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity;

  • access or use any account belonging to someone else, register for more than one Fotition account or register for a Fotition account on behalf of an individual other than yourself;

  • engage in any activity that could interfere with, damage or disrupt the Fotition Platform (or the servers or networks which are connected to the Fotition Platform);

  • upload viruses or other malicious code;

  • attempt to probe, scan, or test the vulnerability of, or override or circumvent any of the usage rules or security features of, the Fotition Platform;

  • submit, post or display any Content or otherwise use the Fotition Platform in a manner that infringes or violates the rights of any person or entity, including without limitation (1) any patent, trademark, trade secret, copyright or other proprietary rights; (2) rights of privacy (specifically you must not distribute another person’s personal information of any kind without their express permission); or (3) any confidentiality obligations or other rights arising from contractual or fiduciary relationships;

  • submit, post or display Content or otherwise use the Fotition Platform in a manner that is fraudulent, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, of a “spamming” nature, hateful, or racially, ethnically or otherwise objectionable or that promotes or depicts drugs or alcohol, violence, dangerous behavior or illegal or inappropriate activities;

  • submit, post or display Content or otherwise use the Fotition Platform in a manner that is contrary to the Policies;

  • submit, post or display Content to a Campaign that does not meet the requirements or relevant terms of that Campaign;

  • use, reproduce, modify, distribute, resell or otherwise exploit the Fotition Platform or any portion thereof, including any Content, for any commercial purpose or any other purpose not expressly permitted by this Agreement;

  • systematically retrieve data or other content from the Fotition Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

  • use, display, mirror or frame the Fotition Platform or Content, or any individual element within the Fotition Platform or Content, the name, trademark, service mark, logo or other designation of Good TRKR or any Charity, Brand or other Good TRKR business partner, or the layout and design of any page or form contained on a page in the Fotition Platform, without Good TRKR’s express written consent; or

  • advocate, encourage, or assist any third party in doing any of the above.

8.  License to Use Fotition Platform and Use Restrictions.  Subject to your rights in your User Contributions, all right, title, and interest in and to the Fotition Platform and the Content remains the property of Good TRKR or its licensors.  The Fotition Platform is licensed, not sold, to you for use solely as permitted under this Agreement.  Subject to the terms and conditions of this Agreement, We grant you (a) a personal, non-transferable, non-exclusive and revocable right to access and use the Site and such Content solely for your own personal and non-commercial purposes as contemplated and permitted by the Fotition Platform and this Agreement, and (b) a personal, non-exclusive, non-transferable, revocable license to use the Application in object code form only, on your compatible mobile device or computer, solely to support your permitted use of the Fotition Platform. 

You will not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make the Fotition Platform or such Content available to any third party; (ii) modify or make derivative works based upon the Fotition Platform or such Content; or (iii) attempt to copy, decompile, disassemble, attempt to derive the source code of, or otherwise reverse engineer the Application or any other software or technology used in providing the Fotition Platform.  You agree that you will not remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Fotition Platform or the Content.  You cannot use any of the names, service marks, trademarks, logos, designations, works of authorship or other materials found on and within the Fotition Platform or the Content except in accordance with applicable law and as expressly permitted herein or with prior written permission of the owner.  Nothing contained herein or in the Fotition Platform or the Content should be construed as granting by implication, estoppel or otherwise, any license or right of use to such materials.  Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil or criminal statutes. 

9.  Privacy.  Your privacy is very important to us.  Accordingly, we have adopted a privacy policy, found at https://www.vaquitadefenders.org/privacy-policy which is designed to make important disclosures to you as to how we collect, store and use personally identifiable information you may provide to us in connection with your use of the Fotition Platform.  We encourage you to read our privacy policy.  You understand that through your use of the Fotition Platform, you consent to our collection, storage and use of your information as described in our privacy policy. 

10.  Changes to the Fotition Platform.  We are constantly innovating and changing the Fotition Platform.  You agree that we may change some or all of the Fotition Platform, add additional features, functionality or services, stop (permanently or temporarily) providing the Fotition Platform or any portion of the Fotition Platform to you or to Users generally, or restrict access to or impose limits on the Fotition Platform or any portion of the Fotition Platform (such as restricting access to the Fotition Platform or a portion of the Fotition Platform to paying users), in each case at any time, for any reason, and without notice to you. 

11.  Donations and Interactions with Charities, Brands and other Third Parties.  The Fotition Platform permits you to support Campaigns that benefit our participating Charities and that are sponsored by our participating Brands.  We may further provide links to the websites of participating Charities or otherwise provide functionality through the that permits Users to make donations to participating Charities in connection with a Campaign or otherwise.  We do not receive or process such donations in any manner.  Any and all such donations, are made directly by you to the applicable Charity, and we are not responsible for, and disclaims any and all liability relating to, such donations, including without limitation the compliance with laws and legal obligations relating to and donation and the tax-deductible nature of any donation, all of which are the sole responsibility of you and the applicable Charity.  During your use of the Fotition Platform, you may further correspond or otherwise interact with, or link to or otherwise access websites, applications or resources of our participating Charities and Brands and other third parties, and you may conduct transactions with such third parties.  Any such activity, and any terms and conditions applicable to such activity, are solely between you and the applicable Charity, Brand or other third party.  While we may take certain steps to confirm the legal status of a Charity or the truthfulness of representations or statements relating to a Campaign or the solicitation of funds by a Charity, we undertake no obligation to do so.  You acknowledge that we do not endorse, and assume no liability, responsibility or obligation whatsoever for, any participating Charity or Brand or other third party, any activity between you and such Charity, Brand or other third party, and Fotition or any advertising, goods, services or other materials available from such third parties, including without limitation in the event that donations are not made or used as represented in a Campaign or in accordance with your understandings and expectations.  You recognize that Charities, Brands and other third parties may require your agreement to additional or different terms and conditions in connection with your activity with them, and we disclaim any and all liability, responsibility or obligation arising from such agreements between you and such third parties.

12.  Indemnity.   You agree to indemnify and hold harmless and (at our request) defend Good TRKR and its affiliates and its and their officers, directors, agents, employees, business partners (including without limitation Charities and Brands), independent contractors, and licensors  from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Fotes and Other User Contributions, your use of the Fotition Platform, your violation of this Agreement, or your violation of any rights of another person or entity.

13.  No Warranties.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE FOTITION PLATFORM IS AT YOUR SOLE RISK AND THAT THE FOTITION PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.  GOOD TRKR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. GOOD TRKR DOES NOT WARRANT THAT THE FOTITION PLATFORM OR CONTENT, INCLUDING WITHOUT LIMITATION THE VENUES OR ANY GOODS OR SERVICES OFFERED BY VENUES, WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE FOTITION PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT GOOD TRKR WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE FOTITION PLATFORM FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS.  

GOOD TRKR SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE NETWORKS AND OTHER FORMS OF ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF GOOD TRKR.  

GOOD TRKR MAKES NO WARRANTY REGARDING CAMPAIGNS, THE CHARITIES OR BRANDS SPONSORING CAMPAIGNS OR THE PRODUCTS OR SERVICES THEY OFFER, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE FOTITION PLATFORM.   NOTWITHSTANDING THAT THE FOTITION PLATFORM ENABLES YOU TO PARTICIPATE IN CAMPAIGNS AND MAY CONNECT YOU WITH CHARITIES, BRANDS AND OTHER THIRD PARTIES, GOOD TRKR EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CHARITY, BRAND OR OTHER THIRD PARTY.  YOU SPECIFICALLY ACKNOWLEDGE THAT GOODTRKR WILL NOT BE LIABLE FOR ANY CONTENT AND THAT RISK OF HARM OR DAMAGE FROM CONTENT RESTS ENTIRELY WITH YOU. 

Some jurisdictions do not allow the disclaimer or limitation of certain implied warranties, so the foregoing disclaimers or limitations may not apply to you.  To the extent that in a particular circumstance any disclaimer or limitation set forth in this Section is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Good TRKR shall be entitled to the maximum disclaimers and/or limitations available at law and equity in that particular circumstance.

14.  Limitations of Liability.  GOOD TRKR SHALL NOT BE LIABLE TO YOU FOR ANY 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 GOOD TRKR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, GOOD TRKR’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $50.00 OR THE AMOUNT YOU HAVE PAID US, IF ANY, FOR ACCESSING OR USING THE FOTITION PLATFORM DURING THE MOST RECENT TWELVE MONTH PERIOD UNDER THIS AGREEMENT.

Some jurisdictions do not allow the limitation of liability for incidental or consequential damages or other damages or liability, so the foregoing limitations may not apply to you.  To the extent that in a particular circumstance any limitation on damages or liability set forth in this Section is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Good TRKR shall be entitled to the maximum limitations on damages and liability available at law and equity in that particular circumstance.

You and Good TRKR understand and agree that the disclaimers, exclusions, and limitations in this Section and in the preceding Section (No Warranties) are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Good TRKR would be unable to make the Fotition Platform available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

15.  Notice and Procedure for Making Claims of Copyright Infringement.  We will investigate notices of copyright infringement and take actions we determine are appropriate under applicable local law including, in the United States, the Digital Millennium Copyright Act.  If you are a copyright owner or an agent thereof and believe that any User Contribution or other Content infringes upon your copyrights, written notification of claimed copyright infringement must be submitted as follows to our designated agent: Good TRKR, LLC, 55 E. 3rd Avenue, San Mateo, CA 94401, Attn: Copyright Agent,  Email: contact@fotition.com.

To be effective, the notification must include the following:

  • An electronic or physical signature of the copyright owner or the person authorized to act on the copyright owner’s behalf;

  • A description of the copyrighted work claimed to have been infringed;

  • A description of the location of the infringing material and information reasonably sufficient to permit us to locate the material;

  • Your contact information, including your address, telephone number, and email address;

  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.

16.  Termination.  You may discontinue your use of the Fotition Platform at any time. You agree that Good TRKR may, without notice, at any time and for any reason terminate or suspend your access to the Fotition Platform or your Fotition account.   Without limiting the foregoing, we may suspend your access to the Fotition Platform if we believe you to be in violation of any part of this Agreement (including any Policies), that you have engaged in behavior that infringes any of our or a third party's intellectual property or other rights or that your use of the Fotition Platform (a) poses a threat to the security or operation of the Fotition Platform and/or Good TRKR’s systems, (b) exposes Good TRKR to potential damages, or (c) would violate any law or court order or would cause compliance with any such law or court order to be unduly restrictive or burdensome to Good TRKR. Termination of your account with respect to the Fotition Platform may include: (i) removal of access to all offerings within the Fotition Platform accessed through your account and (ii) barring of further use of the Fotition Platform.  Termination of your account may further include deletion of any password and all related information, files, User Contributions, Profile Data and other Content associated with or inside your account (or any part thereof).   Any suspension or termination shall be made in Good TRKR's sole discretion and Good TRKR shall not be liable to you or any third party for any suspension or termination of your Fotition account or your access to the Fotition Platform.  All provisions of this Agreement that expressly or by their nature survive termination of this Agreement will survive any termination of this Agreement.

17.  Export Control. The Application or other software made available for or related to the Fotition Platform may be subject to U.S. or foreign export laws.  You may not use, export, or re-export any such software in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.

18.  Governing Law; Disputes.  This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to its conflicts of laws principles and the parties hereby consent to exclusive jurisdiction and venue in the state and federal courts in San Francisco County, California for resolution of any and all controversies, disputes, demands, counts, claims, or causes of action arising out of or relating to this Agreement..                                                                                       

19.  Notices.   All notices to Good TRKR required by or relating to this Agreement will be in writing and will be personally delivered or sent by means of overnight or express courier or certified mail, postage prepaid, to Good TRKR at: Good TRKR, LLC, 55 E. 3rd Avenue, San Mateo, CA 94401, Attn: Chief Operating Officer.  All notices to you required by or relating to this Agreement will be in writing and may be (i) personally delivered or sent by means of overnight or express courier or certified mail, postage prepaid, to you at the address provided by you to Good TRKR in registering for a Fotition account, or (ii) emailed to the primary email for you associated with your Fotition account.                                                                                                

20.  Questions and Feedback.   Should you have any questions concerning this Agreement, or if you desire to contact us for any reason, please write to: Good TRKR, LLC, 708 Woodrow Ave., Santa Cruz, CA 95060 or contact@fotition.com.  We appreciate your feedback or other suggestions about Good TRKR and the Fotition Platform, but you understand that we may use your feedback or other suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

21.  Miscellaneous Provisions.  The parties are and at all times shall be and remain independent contractors as to each other, and at no time shall either be deemed to be the agent of the other, and no joint venture, partnership, agency or other relationship shall be created or implied by or from this Agreement.  Neither party shall be liable for any delay in performance under this Agreement due to any contingency beyond the nonperforming party’s reasonable control.  This Agreement, including these Terms of Service and the Policies, contains the entire understanding and agreement of the parties with respect to the matters contained herein and therein and supersedes any prior or contemporaneous understandings or agreements, whether written or oral, between the parties with respect to such matters.  This Agreement may not be modified or amended except by writing signed by an authorized representative of each of the parties. If any provision of this Agreement is found by a court having jurisdiction to decide on the matter to be invalid, then that provision will be removed from the Agreement and the remaining provisions of the Agreement will continue in full force and effect, No term or provision of this Agreement will be considered waived and no breach excused except pursuant to a written waiver or consent signed by the party granting the waiver or consent.