Terms of Service
Effective Date: May 25, 2018
Please read these Terms of Service (“Terms”) carefully as they are the legal terms and conditions that you agree to when you use the online file sharing services provided to you by the use of the SquashTrack App which is subject to and End User License Agreement, the terms and conditions of which are incorporated herein by reference, and the SquashTrack.com web site through www. SquashTrack.com (collectively, the “Service(s)”). By using the Service, you are agreeing to be bound by the following Terms.
This Service is operated by SquashTrack, a company incorporated under the laws of the Czech Republic, whose principal business address is Svitakova 2902/18, 155 00 Prague, the Czech Republic and/or its suppliers, licensors, or cloud service providers (collectively referred to as “ SquashTrack ”).
SquashTrack is also referred to in these Terms as “we” and “us”.
Privacy and Location Information
- You must be 13 years or older to use this site.
- You may not post nude, partially nude, or sexually suggestive photos or videos.
- You are responsible for any activity that occurs under your screen name.
- You are responsible for keeping your password or credentials secure.
- You must not abuse, harass, threaten, impersonate or intimidate other Service users.
- You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with SquashTrack and/or the Service.
- You must not access the Service’s private API by any other means other than the Service application itself.
- You must not crawl, scrape, or otherwise cache any content from the Service including, but not limited to, user profiles, photos and videos.
- You must not create or submit unwanted email or comments to any Service members (“Spam”).
- You must not use web URLs that contain SquashTrack’s marks in your name without first obtaining the prior written consent of SquashTrack.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of any of these Terms may result in the termination of your Service account. While SquashTrack prohibits such conduct and content on its site, you understand and agree that SquashTrack cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials and that you use the Services are at your own risk.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to alter these Terms at any time. If the alterations constitute a material change to the Terms, we will notify you via internet mail according to the preference expressed on your account. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
- We reserve the right to refuse Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username that becomes inactive (not used for a period of 12 months), violates any trademark rights and/or laws, or may mislead other users.
- We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark rights in connection with or as to those usernames.
Proprietary Rights in Content on the Service
- SquashTrack does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post (“your Content) on or through the Services. By displaying or publishing (“posting”) any of your Content on or through the Services, you hereby grant to SquashTrack a non-exclusive, fully paid and royalty free, irrevocable, worldwide, license (with the right to sublicense third parties and users/account owners of the Service) to use, modify, delete from, add to, publicly perform, publicly display, reproduce, download, bookmark and translate your Content, including without limitation, distributing part or all of your Content in any media formats through any media channels, except your Content that is not shared publicly (“private Content”- Go to settings page to control who sees your Content when this feature is available. Applying the appropriate level of access to your Content is solely your responsibility). As a result of the above, you acknowledge and understand that your Content may be able to be viewed by other users of the Services and through third party services and sites and you should not submit Content that you are not comfortable sharing with others under the Terms.
- Some of the Services may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that SquashTrack may place such advertising and promotions on the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You represent and warrant that: (i) you own the your Content posted by you on or through the 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 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 Services 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 your Content that you post on or through the Services.
- The Services contain Content of SquashTrack and/or its suppliers or licensors (collectively the “SquashTrack Content”. SquashTrack hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the SquashTrack Content (excluding any software code) solely for your personal use in connection with viewing and using the Services.
- The Services contain Content of SquashTrack users, SquashTrack and other SquashTrack suppliers or licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.
- SquashTrack performs technical functions necessary to offer the Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Services.
- Although the Services are normally available, there will be occasions when the Site or 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 of SquashTrack. Also, although SquashTrack will normally only delete Content that violates these Terms, SquashTrack reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by SquashTrack in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, SquashTrack encourages you to maintain your own backup of your Content. SquashTrack will not be liable to you for any modification, suspension, or discontinuation of the SquashTrack Services, or the loss of any Content.
Termination of Account
In appropriate circumstances, SquashTrack will terminate the account of repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact SquashTrack and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
SquashTrack provides online storage of content to its members. If your account becomes inactive for a period of 12 months, SquashTrack may, at its option, terminate access to the account altogether (including deletion of any account information held by SquashTrack). SquashTrack may change this policy at any time, upon reasonable notice to you.
User Termination – The user may cancel their account at any time.
You may use the Services only if you can form a binding contract with SquashTrack and are not a person barred from receiving the Services under the laws or other applicable jurisdictions and you have a valid e-mail address. We reserve the right to refuse service to anyone for any reason at any time.
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete.
You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address or twitter credentials, since that is the primary way in which we will communicate with you about your account and your orders.
When you register as an account holder/owner you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify SquashTrack immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
All brand, product and service names used in this Service which identify SquashTrack or third parties and their products and services are proprietary marks of SquashTrack and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of SquashTrack or any third party with respect to any such image, logo or name.
Subscriptions and Purchases
Please see our subscription pages for current features and pricing. Features and prices are subject to change. We may also offer addon features and packages. All fees may be subject to taxes.
Cancelations and Refunds
Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable. If you have questions, please contact us.
Intellectual Property Rights in SquashTrack Service(s)
SquashTrack, unless otherwise stated, is and shall remain the owner of all intellectual property rights, which includes, but are not limited to, trademark, trade dress, copyright, patent, and database rights, whether foreign or domestic, in the Service and SquashTrack Content used by SquashTrack in connection with providing the Services. You may not publish, distribute, extract, re-utilize, or reproduce any component part or portion of the Service or SquashTrack Content and owned content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in these Terms.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless SquashTrack, its subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term or condition of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, patent, trade secret, property, privacy right, or rights of publicity; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
Applicable Law and Jurisdiction
These Terms shall be governed by the laws of Czech Republic. You agree to the exclusive jurisdiction of the Courts of Czech Republic. This Agreement has been prepared in the English language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. The parties to this Agreement waive personal service of any and all process upon them and consent that all such service of process be made by registered mail. You waive any objection based on forum non conveniens and any objection to venue of any action instituted under these Terms by SquashTrack in any jurisdiction.
These Terms constitute the entire agreement between SquashTrack and you with respect to your use of the Service. SquashTrack ‘s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
Disclaimer of Warranty and Limitation of Liability
SquashTrack agrees that all Services will be carried out with reasonable skill and care.
SQUASHTRACK DOES NOT ENDORSE ANY CONTENT SUBMITTED TO THE SERVICE BY ANY USER OR OTHER LICENSOR, OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN. THE SERVICE, SQUASHTRACK ‘S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY SQUASHTRACK “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, SQUASHTRACK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO SQUASHTRACK, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, SQUASHTRACK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, SQUASHTRACK ‘S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF SQUASHTRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
The Service is controlled and offered by SquashTrack from its facilities in Czech Republic. SquashTrack makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Effective Date: May 25, 2018
If you have questions about this policy, please feel free to contact us at:
Soft Makers s.r.o.
Identification number: 03319547
Svitakova 2902/18, 155 00 Prague
The Czech Republic
- Information We Collect
In describing our collection, use, and sharing of information in this Policy, we refer to our collection and use of “Personal Information.” “Personal Information,” as used in this Policy, is personally identifiable information, which is information that directly identifies an individual, such as first and last name, mailing address, email address, billing information, IP addresses, demographics, passwords or other online contact information, or telephone number. We collect Personal Information, as well as non-personally identifiable information on SquasTrack Sites and/or Services.
We collect Personal Information in two ways. First, we collect information you provide to us in optional, voluntary submissions, such as in registration forms, user profiles, promotional signups, sweepstakes/contest entries, requests for customer service, software and mobile applications downloads and curriculum vitae submissions. Second, some Personal Information may be collected automatically. This is described below in “Passive Data Collection.”
We may also obtain information, including Personal Information, from third party sources. If we directly combine information from third parties with Personal Information that we have collected, we will treat the combined information as Personal Information and handle it in accordance with this Policy. In addition, please note that we may solicit third parties to collect Personal Information on our behalf and in such cases we instruct those third parties to comply with this Policy and all applicable data protection laws.
Please be aware that we are prohibited from conditioning a child’s participation in any activity on that child disclosing more personal information than is reasonably necessary to participate in that activity. You are under no obligation to provide, and can decline to provide, any requested information at any time. However, if you decline to provide personal information that is reasonably necessary to participate in certain activities, you may not be able to participate in those activities on certain Sites and/or Services.
Passive Data Collection
We may receive passively-collected information through a variety of methods including but not limited to:
SquashTrack collects cookies on our Sites and/or Services to capture information about page visits (e.g. “performance cookies.”) This information is anonymous and SquashTrack uses this information only internally – to deliver the most effective content to our visitors. Information from the cookie is used to gauge page popularity, analyze traffic patterns on our Sites and/or Services and guide development of other improvements to our Sites and/or Services.
- How We Use Information
Generally, we use Personal Information to establish and enhance our relationship with our users through four main categories: (1) Communication; (2) Optimization; (3) Advertising; and (4) Sharing Features. Below, we provide some specific examples of how we use the Personal Information and other information we collect.
Communication and Responding to Requests
We use your information, including Personal Information to provide you with customer support, process transactions, respond to users’ requests, send newsletters and updates, send special offers and advertisements, seek your opinions and feedback, and connect users to SquasTrack Sites and/or Services, and to products and services of our partners and licensees.
We use your information, including Personal Information, behavioral metrics, and other non-personally identifiable information to operate, provide, improve, and maintain our Sites and Services, to develop new products and services, to prevent abuse and fraud, to personalize and display advertisements and other content for you, and for other administrative and internal business purposes.
We use your information, including Personal Information and any other information you submit directly or through passive means to provide you with various ways to connect and share content (e.g., web content , text, drawings, and screen and lecture captures, and quizzing features, media, tools, services and other products) with third parties. For example, we may provide you with the opportunity to email a link to certain content to another person. To use this feature, we may require you to provide certain Personal Information including your email address and the email address of each person to whom you send the link.
We also may allow you to share links to content with users of various third party services (e.g., social networking, search and sharing services). When sharing links using one of these third party services, if you are not already logged in to the third party service, you will need to supply login credentials for it. If you are not a registered user of the third party service, you will need to sign up for it. You are supplying the registration information or login credentials for the third party service directly to that third party, and not to us. By using any of these third party services to share links to content, you permit us to access, use and disclose any information relating to your account on each such third party service (such as your user name and profile information) that is available to us through the third party service, including through its application programming interface (API) pursuant to this Policy.
- When We Disclose Personal Information
We do not share Personal Information with third parties except in the limited circumstances described in this Policy.
We may provide Personal Information to third parties for their use in performing internal business functions (e.g., payment processing, customer service, maintenance, security, data analysis, email transmission, beta testing, or data hosting) on our behalf. Additionally, some third party service providers may collect information, including Personal Information, on our behalf. This data collection is not performed on users of legally licensed products from SquasTrack and its authorized distributors. If you are using an illegal copy of our software and do not consent to the collection and transmission of such data, cease using the illegal version and contact us or one of our authorized distributors to obtain a legally licensed copy of the product.
Whenever possible, we require such third-parties to only collect and use Personal Information in accordance with this Policy, to maintain the confidentiality, security, and integrity of such Personal Information, and for no purpose other than providing us with our requested services.
Change of Ownership
Information about our users, including Personal Information, may be disclosed as part of any bankruptcy, merger, sale, transfer of company assets, acquisition, or similar transaction. In the event of such a transaction in which your Personal Information would be transferred to a third party, we will make reasonable efforts to notify you. For example, we will post a notice of the transfer of Personal Information on our Sites and/or Services and, if we have your email address, we will send notice of the transfer of Personal Information to that email address.
If you use a forum, blog, channel, bulletin board, chat room, user commenting features, or other interactive sharing or social features that may be offered through any of our Sites and/or Services, you should be aware that any Personal Information you submit, display, or publish there is considered publicly available and can be read, collected, used, and disclosed by other users of those features, by us, and other third parties without restriction, except to the extent limited access features are available, if any. To request removal of your personal information from our blog, sharing service or community forum, for example, contact us at the information provided in this Policy. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
4. Your Choices
Submitting Personal Information
If you do not want to submit Personal Information that is necessary to provide or use our Sites and/or Services or to fulfill your request, you will not be able to access and/or participate in certain SquashTrack Sites and/or Services. For example, you will not be able to register for an account with us or participate in certain contests or promotions, or access and/or use certain SquashTrack product features or online services. In addition, your refusal to submit Personal Information may limit our ability to respond to your customer support inquiry in a timely fashion.
Editing Personal Information
You may, at any time, update, correct, or delete certain Personal Information that you have provided to us by updating your preferences on the Account Settings page or by contacting us at the mailing or email address set forth in this Policy.
If you want to remove yourself from individual communications, including marketing promotions, advertisements, updates and email newsletters, simply click the unsubscribe link in the communication or access your Account Settings page when logged in. You also acknowledge and agree that there may be instances where we may elect to notify you about administrative notices regarding your account with us, such as to inform you about changes to our terms, conditions, and policies, that your account may be expiring, or to provide you with other relevant administrative information about your account. Because this information is important to your interaction with us, you may not opt out of receiving these communications.
If you submit Personal Information, you may delete your account with us at any time. If you delete your account, your Personal Information and any and all other account related information including, but not limited to, user profile data, sharing data and any other data, credits specifically associated with your account are also permanently deleted. If you choose to have an account with us in the future, you will have to sign up for a new account as none of the information you previously provided or saved within your account will have been saved. If you want to delete your account, contact us on email@example.com.
We take reasonable measures, including the implementation and maintenance of physical, electronic, and managerial procedures, in an effort to assure the security, integrity, and accuracy of all Personal Information that we collect. Our efforts include procedures designed to avoid unauthorized access, alteration, loss, misuse, disclosure, or destruction of Personal Information taking into account the risks involved in the processing and the nature of the Personal Information.
If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the SquashTrack Sites and/or Services covered by this Policy and providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your account information and usage.
6. Data Integrity and Purpose Limitation
We collect and use Personal Information in accordance with this Policy and only for the limited relevant purposes stated in this Policy and/or at the time we request such Personal Information from our users, or for such purposes to which a user may otherwise consent. We do not use or share our users’ Personal Information in a way that is incompatible with the purposes for which such Personal Information was requested and authorized for use by us. We retain Personal Information for no longer than is commercially useful to carry out our business purposes, or as we believe may be legally required. SquashTrack takes reasonable steps to ensure that the Personal Information is reliable for its intended use, accurate, complete and current. When Personal Information is deleted or updated by you, it may take up to 30 days from accessible systems, and up to 90 days from backup systems, for us to delete such Personal Information.
7. Access to Personal Information
You may view, correct, amend, or delete the Personal Information SquashTrack about you where it is inaccurate or if you believe the Personal Information has been processed contrary to the terms of this Policy except to the extent where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question or where the rights of persons other than yours would be violated. Most of your Personal Information may be accessed and corrected by simply logging into your account and accessing your profile. If you wish to obtain a report of the Personal Information SquasTrack has about you, please send us a written request at the address set forth in this Policy.
8. Third Party Services and Links
SquashTrack’s content, including forums contests, products, services, newsletters and communications that we send to our users, may contain links to content provided by third-parties. For example, our communications may contain links to third party merchants from whom you may purchase products. To purchase products from these third party merchants, you may be required to provide Personal Information, including your credit card or other payment information.
Where We Store and Process Personal Data
Personal information collected on SquashTrack sites, services, and products may be stored and processed through SquashTrack’ servers located in the Czech Republic.
Notice for Minors
SquashTrack offers interactive Sites and/or Services which allow you to post content to share publicly or with friends. If you have questions about how to remove content in a specific Site and/or Service or if you would like additional assistance with deletion, you can contact our SquashTrack team directly at help@SquashTrack.com. Although we offer deletion capability for our Sites and/or Services, you should be aware that the removal of content may not ensure complete or comprehensive removal of that content or information posted through the Sites and/or Services.
9. Changes and Updates to This Policy
We may update this Policy from time to time. If we do, we will update the “effective date” at the top of the Policy. If we make material changes to how we use Personal Information, we will attempt to notify you of the change and to give you the opportunity to exercise choice as to how your Personal Information is used. We will post the updated Policy on the affected Sites and/or Service, and if we have your email address, we will send notice of the update to that email address.
We encourage you to review this Policy periodically to stay informed about our collection, use and disclosure of Personal Information. Your continued use of our Sites and/or Services or any other content, products or other services covered by this Policy constitutes your agreement to this Policy and any updates.
10. International Users and Self-Regulatory Frameworks
SquashTrack Sites and/or Services may be hosted in the Czech Republic. If you utilize our Sites and/or Services from the region with laws governing data collection and use that may differ from European Union law, please note that you may be transferring your personal data outside of those jurisdictions. By providing Personal Information under this Policy, you consent to the use of your Personal Information in accordance with this Policy and the transfer of your Personal Information to European Union.
If you do not receive a timely response to your complaint, and/or if SquashTrack has not satisfactorily addressed your complaint, you may contact a local data protection authority.
If you do not believe that your complaint has been satisfactorily addressed by SquashTrack or the applicable local data protection authority, under certain conditions, you may be able to invoke binding arbitration.
12. No Error Free Performance