We encourage you to read through these Terms before using Trakt Services, but here is a quick snapshot:
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION AGREEMENT THAT GOVERNS ANY DISPUTES BETWEEN YOU AND TRAKT. If you do not agree with any of these Terms (or do not meet the Eligibility requirements), you do not have permission to use the Services.
To use the Services, you must be: (a) at least 18 years old, unless the laws of your jurisdiction or these Terms require you to be older than 18 for Trakt to lawfully provide the Services to you, then you must be the older age as so required; (b) own the valid email address used to register your Account (defined below); (c) have the necessary authority to enter into a contract with Trakt; (d) be physically located in a jurisdiction where Trakt offers the Services and where use of the Services is unrestricted and unprohibited by applicable law; (e) not previously suspended or removed from our Services; and (f) at all times abide by these Terms. If you do not follow or qualify under these requirements, we reserve the right to suspend your use of the Services without notice to you.
You are personally responsible for your use of the Services. Trakt may temporarily or permanently ban you if you violate the provisions of this section or if you abuse email communications or support communications, as determined by us, in our sole discretion. You represent and warrant that you will use the Services in accordance with the following acceptable use requirements:
This Section 4 applies if you upgrade to a Services level that incurs a fee.
By using the Services, you agree to not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services or any portion thereof (including our Content, defined below) or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Services. You represent and warrant that your use of the Services and your provision of User Submissions (defined below) via the Services will not:
If you violate our system or network security, you may face civil or criminal liability. Tampering with the Services, conducting fraudulent activities on the Services and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Services. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Additionally, you will be subject to Account deletion or blocking for committing the following, including but not limited to: (i) misrepresentation of Eligibility; (ii) attempting in any way to impair the function of the Services or third-party websites; (iii) attempting to commit any form of fraud in connection with the Services; (iv) when requested by us, failure to timely furnish (and in any event within thirty days of request) an affidavit or declaration of eligibility in form and substance satisfactory to us and that is legally binding in the jurisdiction of your residence or participation; (v) use of the Services in any manner under multiple Accounts or profiles; or (vi) any other act which in our sole opinion is inconsistent with the integrity of the Services or features thereof or our goodwill or reputation.
This section provides examples of prohibited conduct. The above lists are not intended to be exhaustive. Any conduct by you that, in our sole discretion, restricts or inhibits any other individual from using or enjoying the Services will not be permitted.
Trakt will use commercially reasonable efforts to maintain availability of the Services. You agree and understand that there will be times when the Services will not be available such as scheduled maintenance times, outages, emergency maintenance, unavailability caused by software, hardware, or other Subscribers, and causes beyond our reasonable control. Trakt will make commercially reasonable efforts to notify you of planned downtime and unavailability of the Services. Trakt is not liable for any delays, interruptions, or other transmission errors resulting from any lack of Service for any reason, or any lack of Service caused by your device or your internet or wireless service provider.
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons ("post") User Submissions on or through the Services. All User Submissions must comply with these Terms. User Submissions will be considered non-confidential and non-proprietary. User Submissions must not (a) misrepresent your identity or affiliation with any person or organization; (b) seek to collect others' Personal Information by any means; (c) seek to transmit chain letters, or bulk or junk email; (d) relate to contests, sweepstakes, or other sales promotions; (e) include information that may be used to track, contact, or impersonate another individual; (f) infringe any intellectual property or other proprietary rights of Trakt or any other person; (g) seek to harm or exploit children; (h) contain any material that is false, defamatory, libelous, obscene, harassing, discriminatory, profane, or otherwise offensive, damaging, unlawful, or harmful; (i) violate Trakt's or any other person's or entity's legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act; or (j) be otherwise objectionable as determined by us at our sole discretion.
By providing any User Submission, you grant Trakt all right and title to such User Submission. and our affiliates and service providers, and each of their and our licensees, successors, and assigns a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, any such material for any purpose, as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby covenant not to assert against us any moral rights you may have in any User Contribution.
We do not review or verify User Submissions for truth or accuracy. We cannot ensure prompt removal of objectionable material after it has been posted. We reserve the right, but have no obligation to, monitor, review, screen, post, remove, reject, modify, or store User Submissions at any time and for any reason without notice. We may refuse, alter, or remove User Submissions without notice for any reason at our sole discretion. We do not endorse any User Submissions, and the User Submissions posted do not reflect our opinions, views or advice. We take no responsibility and assume no liability for any User Submissions that you or a third-party posts or sends on or through the Services, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
You are solely responsible for your User Submissions and the consequences of posting it online. You assume all risks associated with dealing with other users with whom you come in contact through the Services, and, to the extent that the law permits, you release us from any claims or liability related to any User Submissions posted via the Services and from any claims related to the conduct of any other users. You also represent and warrant that you will indemnify, defend (at our option), and hold harmless Trakt against all claims, actions, allegations, fines, damages, or loss resulting from or arising out of the User Contribution you provide to us or upload to the Services. You understand and acknowledge that we take no responsibility and assume no liability for any content posted by you or any third party, and you, not us, have full responsibility for the User Submissions you submit, including their legality, reliability, accuracy, and appropriateness.
Links to third-party websites from the Services are provided solely for your convenience. Trakt is not responsible for the content of any other websites, nor do we make any representations about the content or accuracy of material on any other websites. Inclusion of any linked website on our Services does not imply our approval or endorsement of the website. Please be aware that when you click on links that take you to external websites, you do so at your own risk, and you will be subject to their privacy policies and practices and not ours. Any concerns regarding any such website, service, or resource should be directed to the website's owner or operator.
Trakt is owned and operated in the United States. Not all Trakt Services are available to all persons or at all locations. Access to our Services may not be legal by certain persons or in certain countries. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THAT THE LAWS OF THE COUNTRY OR STATE (OR OTHER APPLICABLE JURISDICTION) FROM WHICH YOU ACCESS THE SERVICES PERMIT YOU TO USE THE SERVICES. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We reserve the right to limit, at our sole discretion, the provision of any such Services to any person or in any location. Any offer of a Service in these Terms shall be deemed void where prohibited.
Trakt respects the intellectual property of others and asks our users to do the same. If you believe in good faith that your work or any material on our Services infringes the copyright in your work, a notification of the alleged copyright infringement should be emailed to our Copyright Agent at: [email protected] (subject Line: "DMCA Takedown Request"). To be effective, the notification must be in writing and contain (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (e) a statement 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please be advised that we will not respond to complaints that do not meet the requirements above. Notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act (DMCA). If we determine that the material(s) alleged to infringe your rights do not require removal, we will remove those materials only pursuant to a court order that declares the content or use of the materials unlawful. Please be aware that there can be penalties for false claims under the DMCA. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the Account and access to the Services of users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Services and/or terminate the participation of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
YOUR USE OF THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE DO NOT GUARANTEE THAT THE SERVICES, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF ONLINE PRODUCT OR SERVICE FEATURES. WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE ANY SERVICES OR ANY FEATURE THEREOF IN OUR SOLE DISCRETION WITHOUT NOTICE.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
IN NO EVENT WILL TRAKT, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENTS OR FEATURES THEREOF, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU TO US DURING THE LAST THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend (at our option), and hold harmless Trakt (along with its subsidiaries, parents, and affiliates) and their respective suppliers, licensors and partners from and against any and all claims, losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out of your: (a) violation of these Terms; (b) negligent, willful misconduct, fraud, or strict liability; (c) use, misuse and/or access of the Services; (d) violation of any applicable law; (e) content you post, store, or otherwise transmit in or through the Services; and/or (f) violation of the rights of any third party, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Trakt, and you agree to cooperate with Trakt's defense of these claims, at your sole cost and expense, and such amounts shall be paid to us on demand immediately in payable funds.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES, AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute, controversy or claim between you and Trakt arising out of or relating to these Terms, or the breach thereof, our provision of the Services, your access to or use of the Services, or any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a "Dispute") will be governed by the procedure outlined below. In the event of any Dispute between the Parties concerning the terms and provisions of these Terms, the prevailing Party shall be entitled to collect from the other Party all costs incurred in such dispute, including reasonable attorneys' fees.
Trakt reserves the right (but is not required) to remove or disable your access to our Services, disable any username, password, or other identifier, whether chosen by you or provided by us, or remove any Content, User Submissions at any time and without notice, and at our sole discretion, if we determine that your use of our Services is in any way objectionable or in violation of these Terms. Certain violations of these Terms, as determined by Trakt, may result in immediate termination of your access to the Services without prior notice to you. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response may take any action we may deem appropriate. Our rights and remedies provided in these Terms are cumulative and not exclusive, and the exercise by us of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between you and us or otherwise.
By using the Services, creating an Account, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (a) Trakt communicating with you electronically; (b) receiving all applications, notices, disclosures, and authorizations (collectively, "Records") from us electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at [email protected]. Agreements and transactions executed prior to this request will remain valid and enforceable.
We may amend these Terms from time to time by updating this page as evidenced by revising the "Last Updated" date noted at the top of this posting. Once you accept these Terms, the then-current version shall apply each time you access or use the Services. Nothing in these Terms will be deemed to confer any third-party rights or benefits.
These Terms are the entire agreement between you and Trakt and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Trakt about the Services. The parties' relationship is solely that of independent contractors. The Federal Arbitration Act, California state law, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be freely assigned by Trakt without restriction. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. If any provision of these Terms is held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect. Trakt's failure to enforce any of these Terms is not a waiver of such term.