Welcome to whatracker.com (hereinafter referred to as the "Website").
This User Agreement (hereinafter referred to as the "UA") describes the terms and conditions of use of the Website and Website Software (hereinafter referred to as the "Software"). This UA sets forth the conditions pursuant to which WhaTracker grants an access to the Website.
Using this website, you confirm that you fully accept this UA along with any subsequent amendments.
1. General Conditions
1.1. The use of contents and services of www.whatracker.com is governed by the current legislation.
1.2. Usage of the functionality of the service is permitted only after the registration and authorization of the user on the website in accordance with the procedure established by the administration.
1.3. The user-selected username and password serve as necessary and sufficient information to access the website. The user does not have the right to transfer his or her username and password to third parties, and is fully responsible for their security by choosing the way of storage of the credentials.
1.4. This agreement is a public offer. Getting access to the materials on the website (https://whatracker.com) the user is deemed to accede to this agreement.
1.5. This terms of use are a legally binding agreement between user and administration of the website. The subject of document is that administration provides the user with access website and its features.
1.6. The user is obliged to fully familiarize himself or herself with these regulations prior registering on the website. User registration on the website means the complete and unconditional acceptance of these rules by the user.
1.7. WhaTracker administration may at any time unilaterally amend the terms of this agreement. Our right to amend the user agreement includes the right to modify, add to, or remove terms in the user Agreement. The policies posted on the website may be changed from time to time. These changes take effect after 3 (three) days since the new version of the agreement is posted on the website. If the user disagrees with the changes, he or she must decline to access the website, stop using the materials and services provided on the website.
2. User Responsibilities
2.1. The user is responsible for taking the necessary steps to gain access to the website. The administration does not provide the regular services of Internet service provider and/or other networks provider to grant access to the website.
2.2. It is forbidden to use the materials, provided on the website, without the consent of the right holders. Licensing agreements with rights holders are required for the legitimate use of various website materials.
2.3. An active link to the website is mandatory when citing the materials of the website, including copyrighted works.
2.4. Comments and other user records on the website should not conflict with the requirements of legislation and generally accepted standards of morality and ethics.
2.5. The user agrees not to take actions that may be regarded as violating standards of international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that cause or may disrupt the normal operation of WhaTracker website and services.
2.6. The user is aware that the website Administration is not responsible for visiting and using by him of external websites, links to which may be available on the website.
2.7. The user agrees that the website administration is not responsible and has no direct or indirect obligations to user in respect of any possible loss or damage that may have occurred, related to any content on the website, registration of copyright and information on such registration, goods or services available on or received through external sites or resources, or other contacts of the user to which he or she has engaged by using information posted on the website or by links to external resources.
2.8. The user accepts that all materials and services of the website or any part thereof may be accompanied by advertising. The user agrees that administration of the website is not responsible and has no liability for products and services offered by such advertising.
3. The administration shall not be liable for any damages that the user may incur as a result of:
3.1. Actions of computer viruses and other malicious programs that affect access to the website, its services and software and their use.
3.2. Use of equipment that does not comply with the recommendations or requirements specified in this user agreement or malfunction or any incompatibility between the user equipment and the website.
3.3. Interference, errors, delays, failures, interruptions of the operation of website, its services and software.
3.4. Failure or disruption of normal functioning of the equipment belonging to the administration, providers of telecommunication services providing communication services to the administration and the user, and as a result of accidents or malfunctions in hardware-software complexes of other persons cooperating with the administration, or the acts of third parties aimed at interrupting or terminating the operation of the website in whole or its part.
3.5. Unexpected disruption of the normal functioning of the website.
3.6. Any changes that the administration may make to the services, features, software available on the website or by terminating (on a permanent or temporary basis) the provision of services service, software (or any individual feature or property).
3.7. Deletion, failure or inability to store any information or other communication data placed and transmitted using WhaTracker website and software.
3.8. That the user was unable to secure and protect his or her username and password.
3.9. The website administration provides the users with an opportunity to use the whatracker.com website and its services on an «AS IS» basis, without express or implied warranty or condition of any kind, including the assurance of fitness for use. Any risks related to the quality, safety, and operation of the software are assigned to the user. All responsibilities associated with the use of the software are placed up upon the user. The administration is not responsible for the misuse of the software, which can result in any harm to the user.
3.10. In the event of circumstances beyond control, excluding or objectively obstructing the implementation of the agreement, the parties shall have no reciprocal claims and each party shall take its own risk of the consequences of such circumstances.
3.11. The relations between the administration and the user are not subject to any conditions, guarantees or other provisions (including any implied conditions in respect of satisfactory quality, or compliance with the description) other than those expressly specified in Terms of Use.
3.12. Irrespective of the nature and cause of the user-incurred loss, the maximum amount of the administration's liability under any of the provisions of this agreement and the amount of compensation due to the user may not exceed the actual amount paid by the user for the service or software available on the website for 1 (one) month, even if the compensation received does not cover the incurred loss.
4. Interruptions of Work of the Website, Software
4.1. The administration has the right to carry out preventive work with temporary suspension of the website.
4.2. In the event of an occurrence of the circumstances specified in paragraphs 3.1.-3.8, 3.10. hereof it is possible to suspend the website without prior notice.
5. Intellectual Property Rights
5.1. The user recognizes and agrees that the website contains audiovisual works, computer programs, trademarks and other intellectual property, property and non-property rights to which belong to the administration (and/or its counterparties) and cannot be used without the prior consent of the right holders (whether or not such rights are registered, and irrespective of jurisdiction, where such rights may arise).
5.2. The user undertakes not to reproduce, copy, modify, not to break down the program into the constituent codes, not to decompile or otherwise attempt to obtain the source code of the software or any part of it, not to sell, not to make information available to the public, or to distribute the content and software of the website, in whole or in part, except in cases where the terms of individual contracts between the administration and the user provide otherwise.
5.3. The user recognizes that an active link to the website is mandatory when citing the materials of the website, including copyrighted works.
5.4. The administration (and/or its contractors) may own patents, patent applications, trademarks, copyrights, or other intellectual property rights relating to the content of all and/or any pages on the website. Granting user access to the specified pages in the website does not mean that he or she is granted any license to use the intellectual property.
5.5. The user is only entitled to the rights explicitly granted to him or her by the administration under this agreement or according to a separate contract. Intellectual property ownership right is retained by the administration.
5.6. Except as otherwise agreed in writing with the administration, no provisions of this agreement shall give the user the right to use any brand names, trademarks, service marks, logos, domain names, brands or other distinctive brand features contained on the website.
5.7. The user agrees not to remove, hide, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained on the website.
6. Other Conditions
6.1. Nothing in the agreement may be construed as setting between the user and the website administration any agency, partnership relations on cooperative activities, employment relationship or any other relationship, not expressly provided for in the agreement.
6.2. The court's acceptance of any provision of the agreement as invalid or unenforceable does not invalidate other provisions of the agreement.
6.3. Inaction on the part of the administration in case of the user or any other third party violating of the provisions of this user agreement shall not deprive the administration of the right to undertake appropriate action in defense of its interests at a later time according to the applicable registration. The user confirms that he or she is familiar with all the point of this agreement and accepts them unconditionally.