Terms and Conditions of Use

Please read these Terms of Use (collectively with the TREKRECORD Privacy Policy the "Terms of Use") fully and carefully before using the TREKRECORD application (the "App") and the services, features, content or applications offered by "TREKRECORD LTD" in connection with the App ("Company," "we", "us" or "our") (together with the App, the "Services"). These Terms of Use set forth the legally binding terms and conditions for your use of the App and the Services.

  1. Acceptance of Terms of Use.
  1. By signing up for, installing and/or using the App in any manner, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time through the App by us, each of which may be updated from time to time without notice to you.
  2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
  3. These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
  1. Eligibility. You represent and warrant that you are an individual person at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. Further, the Services are offered only for your use, and not for the use or benefit of any third party. You are not eligible for participation in the App if you violate any provision of these Terms of Use, as determined in our sole discretion.
  2. Registration. To sign up for the Services, we may require you to register for an account on the Services (an "Account"). You must provide accurate and complete information and keep your Account information updated. If you provide any information that is inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Company may deny you access the App, areas requiring registration, and/or terminate your Account, at its sole discretion.

You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password and login credentials secure. You may never use another person's user Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

You may establish, maintain, use and control only one Account. Each Account may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users shall not "co-own" accounts. In the event Company determines that you have opened, maintained, used or controlled more than one Account, in addition to any other rights that Company may have, Company reserves the right to suspend or terminate any or all of your accounts.

  1. Content.
  1. Definition. For purposes of these Terms of Use, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of the present, "Content" also includes all User Content (as defined below).
  2. User Content. In order for Trekrecord to provide the intended level of quality information on travelling and destinations, you must always observe the basic principles of Trekrecord, namely:
  3. Don't add countries that you've been to for less than 12 hours. Add a country if you have actually spent some time in it, not if you have just travelled through it to go to another country, or if you have just spent time in the airport waiting for a connecting flight;
  4. Don't upload photos from places you haven't been to;
  1. Don't write Treknotes - tips from places you haven't been to.

All Content added, created, uploaded, submitted, distributed, or posted to the Αpp by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You retain ownership of any and all User Content created and/or uploaded by you. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

Trekrecord is not responsible for, and does not endorse, Content posted within the Service. Trekrecord does not have any obligation to prescreen, monitor, edit, or remove any Content. Trekrecord reserves the right to request proof of trekrecords or to ban a user if it's found out that the user violates the above-mentioned principles.

  1. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
  2. Use License. Subject to these Terms of Use, we grant each user of the Services a non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content (other than your User Content) for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content (other than your User Content) for commercial use or in any way that violates any third party right.
  3. Availability of Content. We do not guarantee that any Content will be made available on the App or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, block, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all.
  1. Rules of Conduct.
  1. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services. Violation of our rules may result in the termination and cancellation of your Account. You acknowledge and agree that we may terminate any TREKRECORD Account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
  2. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
  3. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty, including but not limited to, facilitating the rebroadcast of the TREKRECORD Services;
  4. uses the Services for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;

iii. you know is false, misleading, untruthful or inaccurate, including, but not limited to, providing inaccurate contact or Account information;

  1. is unauthorized commercial communications, hate speech, threatening, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
  2. results in the creation or operation of multiple user accounts;
  3. enters you into TREKRECORD App for which you are not eligible, whether by multi-accounting, providing misleading information, masking or altering your IP address, or other means;

vii. results in the sale or transfer of your Account;

viii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion;

  1. constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming");
  2. contains software viruses or any other computer codes, files, content, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;

xii. is designed or intended to obtain password, Account, or private information from any TREKRECORD user;

xiii. impersonates any person or entity, including any of our employees, representatives, or users;

xiv. includes anyone's identification documents, sensitive financial information or any kind of sensitive personal information of a third party.

  1. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the App without our express written permission; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of these Terms and our guidelines and policies.
  2. You shall not (directly or indirectly): (i) decipher, decompile, disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application); (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
  3. You shall not: (i) collect other users' content or information, with any means, including automatic ones, without our prior explicit written consent; (ii) solicit login information or access an account belonging to someone else; (iii) use Trekrecord to do anything unlawful, misleading, malicious, or discriminatory. By accessing or using Trekrecord you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service; (iv) provide any false personal information in order to create an account for anyone other than yourself without permission; (v) create more than one personal account; (vi) share your password let anyone else access your account
  4. We also reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
  5. If for any reason the Service is not running as originally planned (e.g. if it becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Company corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Company reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service.
  1. Third-Party Services. The Services may permit you to link to or otherwise access other websites, services or resources on your device and the Internet, and other websites, services or resources may contain links to or be accessed by the Services or the App (including, without limitation, sites and services to synchronize video to music). These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link or access does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
  2. Location-Based Services. We may offer features that are based on the location of users and which may report on the locations of those users as they use the Services (the "Location-Based Services"). You may partake in using these Location-Based Services solely at your own discretion, and may opt out of providing such information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through the Service.
  3. Termination. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services. If you wish to terminate your Account, you may do so by removing the App from your device and following the instructions on the App or through the Services. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  4. Warranty Disclaimer.
  1. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
  2. which users gain access to the Services;
  3. what Content you access via the Services; or

iii. how you may interpret or use the Content.

  1. You release us from all liability and fully indemnify us to the greatest extent provided under applicable laws for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
  2. The views and opinions of our hosts are their own and not necessarily representative of the views and opinions of the Company or its employees, and the Company assumes no responsibility for the Content, accuracy, or views of or opinions expressed by such hosts.
  1. Indemnification. You guarantee that you shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Use, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity.
  3. Governing Law and Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of Cyprus. You agree that any dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the exclusive jurisdiction of the courts of Nicosia, Cyprus.
  4. Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the App or by sending you notice through the Services, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Use constitutes acceptance of those changes, which will apply to your use of the Services going forward. Your use of the Services is subject to the Terms of Use in effect at the time of such use.
  5. Intellectual Property Policy.
  1. The Company has adopted the following general policy toward copyright infringement in accordance with the applicable laws.
  2. Procedure for Reporting Copyright Infringement. If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
    2. Identification of works or materials being infringed;
    3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing with sufficient detail so that Company is capable of finding and verifying its existence;
    4. Contact information about the notifier including address, telephone number and, if available, email address;
    5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
    6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
  1. Please contact the Designated Agent to Receive Notification of Claimed Infringement for the Company at info@trekrecord.com.
  1. Apple Device and Application Terms.

In the event you are accessing the Services via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (in either case, an "Apple Application"), the following shall apply:

  1. Both you and the Company acknowledge that these Terms of Use are concluded between you and the Company only, and not with Apple, and that Apple is not responsible for the Apple Application or the Content;
  2. The Apple Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use;
  3. You will only use the Apple Application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application;
  5. In the event of any failure of the Apple Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Apple Application;
  6. You acknowledge and agree that the Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Apple Application;
  7. You acknowledge and agree that, in the event of any third party claim that the Apple Application or your possession and use of the Apple Application infringes that third party's intellectual property rights, the Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8. Both you and the Company acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third-party beneficiary hereof.

The abovementioned terms and conditions apply (to the extent applicable) when the App is downloaded through Google Play of the company Google LLC.

  1. Miscellaneous.
  1. Entire Agreement and Severability. These Terms of Use are the entire Agreement between you and us with respect to the Services, including use of the App, and supersede all prior or contemporaneous agreements, communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. You acknowledge that you fully understand the English language and the meaning of the full terms and conditions set out in this Agreement.
  2. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
  3. Assignment. These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.
  4. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
  5. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by mail, when receipt of such mail by the other party may be proved by any way. Electronic notices addressed to the Company should be sent to info@trekrecord.com.
  6. Relationships. The App is not sponsored, endorsed, administered by, or associated with Apple Inc or Google LLC or their subsidiaries or affiliates.
  7. Contact. You may contact us at the following address: TREKRECORD LTD, Tortola Pier Park, Building 1, Second Floor, Wickhams Cay I, Road Town, Tortola, British Virgin Islands and by email at info@trekrecord.com.

Date of Last Revision: 1 September 2022