Nliven Technologies Pvt. Ltd. (“Nliven” or “we”) operates trackwise.ai (the “Site”), which is a content hosting and sharing service that allows Users (as defined in the following paragraph) to publish their documents, store images and videos and share these published publications across the internet.The services offered by TrackWise include the Site, content (including, without limitation, images, video and accompanying audio) hosting and sharing on the Site and third party sites, applications and services (collectively, the “TrackWise Services”). The TrackWise Services are hosted in the United States. By using Nliven products, services or web sites (“Nliven services”), you agree to the following Terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the “Terms of Service”). Nliven may modify or amend this Agreement without notice at any time and such modification will be effective upon posting by Nliven on the Site. Your continued use of the Nliven Services after Nliven posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Use Of Services
Nliven offer TrackWise services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of TrackWise. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Nliven of any unauthorized use of your password or account or any other breach of security. Nliven cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
By using TrackWise Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse or use the Site, including through a mobile device, or otherwise use the TrackWise Services without being registered) or you are a “Member” (which means that you have registered with TrackWise). The term “User” refers to a Visitoror a Member (as a “Publisher” or “User”). You are only authorized to access this Site or to use the TrackWise Services, including materials and services contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Site and discontinue use of the TrackWise Services immediately. If you wish to make use of the TrackWise Services, read this Agreement and reaffirm your acceptance during the registration process.
You understand that all documents, information, data, text, music, sound, photographs, graphics, video, (“Content”) are the sole responsibility of the person from which such Content originated. Nliven reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via TrackWise. You understand that by using TrackWise you may be exposed to Content (Publications) that is offensive, indecent or objectionable, and that you use TrackWise at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using TrackWise services and for any consequences thereof. You agree to use TrackWise services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts TrackWise services or servers or networks connected to Nliven. To report any activity or Content that may violate the Terms of Service, please Contact us.
Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
Please choose carefully the documents / information you publish on or through the TrackWise and that you make available directly or indirectly to other Users.
Eligibility. Use of the TrackWise Services and/or registration to be a Member for the TrackWise Services (“Membership”) is void where prohibited. By using the TrackWise Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the TrackWise Services does not violate any applicable law or regulation.
Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the TrackWise Services. You may terminate your Subscription at any time, for any reason, by following the instructions on the account options page. TrackWise may terminate your Subscription at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership and/or your use of the TrackWise Services is terminated, this Agreement will remain in effect in its entirety.
Fees. Members are limited to one free account per person. You may also upgrade to a “PRO” account by paying a membership fee, in which case you are entitled to one free account (in addition to your PRO account). Your TrackWise account is solely for your own personal use and benefit. You are limited to the file size, bandwidth, and storage limitations related to your account level, as described on the account comparison page: Notwithstanding the above, you acknowledge that TrackWise reserves the right to charge for any portion of the TrackWise Services and to change its fees (if any) from time to time in its discretion. If TrackWise terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify TrackWise immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Use by Users. The TrackWise Services are for the personal as well commercial use by Users. TrackWise reserves the right to remove any content / document or publication in its sole discretion. Illegal and/or unauthorized use of the TrackWise Services, including collecting usernames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, or employing third-party promotional sites or software to promote profiles for money, is prohibited. TrackWise reserves the right to take appropriate legal action for any illegal or unauthorized use of the TrackWise Services.
Proprietary Rights in Content on TrackWise.
TrackWise does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post on or through the TrackWise Services. By displaying or publishing (“posting”) any Content as “Public” on or through the TrackWise Services, you hereby grant to TrackWise and other users the right to view the publication / content published for free. If after you have published your Content through TrackWise Website you change the Content’s privacy setting to “private,” we will cease any further free viewing of such “private” Content through TrackWise Website as soon as practicable.
You represent and warrant that:(i) you own the Content posted by you on or through the TrackWise Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the TrackWise Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the TrackWise Services.The TrackWise Services contain Content of TrackWise (“TrackWise Content”). TrackWise Content is protected by copyright, trademark, patent, trade secret and other laws, and TrackWise owns and retains all rights in the TrackWise Content and the TrackWise Services. TrackWise hereby grants you a limited, revocable, nonsublicensable license to display the TrackWise Content (publications) in connection with viewing the Site and using the TrackWise Services.The TrackWise Services contain Content of Users and other TrackWise members. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the TrackWise Services. Although the Site and other TrackWise Services are normally available, there will be occasions when the Site or other TrackWise Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control ofTrackVise. Also, although TrackWise will normally only delete Content that violates this Agreement, TrackWise reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by TrackWise in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, TrackWise encourages you to maintain your own backup of your Content. In other words, TrackWise is not a backup service.TrackWise will not be liable to you for any modification, suspension, or discontinuation of the TrackWise Services, or the loss of any Content.
TrackWise may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of TrackWise violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. TrackWise assumes no responsibility for monitoring the TrackWise Services for inappropriate Content or conduct. However, on both free and PRO accounts, and regardless of whether the Content is public or private, TrackWise may choose to monitor such Content at any time, in its sole discretion. If at any time TrackWise chooses to monitor the TrackWise Services, TrackWise nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.You are solely responsible for the Content that you post on or through TrackWise, and any material or information that you transmit to other Users and for your interactions with other Users.
You must use the TrackWise Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the TrackWise Services. TrackWise reserves the right to investigate and take appropriate legal action against anyone who, in TrackWise’s sole discretion, violates this provision, including without limitation, removing the offending Content from the TrackWise Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of TrackWise :is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;harasses or advocates harassment of another person;
solicits personal information from anyone under 18;
publicly posts information that poses or creates a privacy or security risk to any person;constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;involves commercial activities and/or sales without prior written consent from TrackWise such as contests, sweepstakes, barter, advertising, or pyramid schemes;violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Site and through the use of the TrackWise Services. TrackWise reserves the right to investigate and take appropriate legal action against anyone who, in TrackWise’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, “pyramid scemes,” Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the TrackWise Services. You may not transmit any chain letters or junk email to other Users.is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the TrackWise ServicesForging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or TrackWise Services to send altered, deceptive, or false source-identifying information;activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;interfering with the access of any User, host or network to the Site;interfering with, disrupting, or creating an undue burden on the TrackWise Services or the networks or services connected to the TrackWise Services;impersonating or attempting to impersonate another User, person or entity;using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your account;using any information obtained from the TrackWise Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;displaying an unauthorized commercial advertisement through your publications, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the TrackWise Services on behalf of that person or deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Content except your own Content;
using any meta tags or other hidden text or meta data utilizing a TrackWise name, trademark, URL or product name without TrackWise’s express written consent;attempting to probe, scan or test the vulnerability of any TrackWise Service or breach any security or authentication measures;collecting or store personal data about other users without their express permission;impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commiting fraud; or
using the TrackWise Services in a manner inconsistent with any and all applicable laws and regulations.
Publishers are solely responsible for their interactions with other viewers who purchase your publications. TrackWise reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members.
TrackWise is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the TrackWise Services, whether caused by Users of the TrackWise Services or by any of the equipment or programming associated with or utilized in the TrackWise Services and such Content does not necessarily reflect the opinions or policies of TrackWise. Publications created and posted by Users on the Site may contain links to other websites. TrackWise is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by TrackWise. Inclusion of any linked website on the TrackWise Services does not imply approval or endorsement of the linked website by TrackWise. When you access these third-party sites, you do so at your own risk.TrackWise takes no responsibility for third-party advertisements or third-party applications or services that are posted on or through the TrackWise Services, nor does it take any responsibility for the goods or services provided by its advertisers or third party websites or applications. TrackWise is not responsible for the conduct, whether online or offline, of any User of the TrackWise Services. TrackWise assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. TrackWise is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the TrackWise Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the TrackWise Services. Under no circumstances shall TrackWise be responsible for any loss or damage, including personal injury or death, resulting from use of the TrackWise Services, from any Content posted on or through the TrackWise Services, or from the conduct of any Users of the TrackWise Services, whether online or offline. The TrackWise Services are provided “AS-IS” and as available andTrackVise expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TrackVises cannot guarantee and does not promise any specific results from use of the TrackWise Services.
Limitation on Liability.
IN NO EVENT SHALL TrackWise BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THETrackVise SERVICES, EVEN IF TrackWise HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TrackWise’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TrackWise FOR THE TrackWise SERVICES DURING THE TERM OF MEMBERSHIP.
The Agreement shall be governed by, and construed in accordance with, the laws of India, without regard to its conflict of law provisions. You and TrackWise agree to submit to the exclusive jurisdiction of the courts located within India to resolve any dispute arising out of the Agreement or the TrackWise Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You agree to indemnify and hold TrackWise, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the TrackWise Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the TrackWise Services causes TrackWise to be liable to another.
Protecting Copyrights and Other Intellectual Property.
TrackWise respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. TrackWise has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the TrackWise Services in a way that constitutes copyright infringement, please contact us and we will take due action as soon as possible. This action includes but is not limited to removing of the copyrighted content and terminating members account.
This Agreement is accepted upon your use of the Site or any of the TrackWise Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and TrackWise regarding the use of the TrackWise Services. The failure of TrackWise to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact using the form on the following page http://trackwise.ai/contact-us/ with any questions regarding this Agreement.