Terms and Conditions
Last updated: July 2015
IMPORTANT: By accepting these terms and conditions you are entering into a legally binding contract. It is therefore important that you read these terms and conditions carefully.
If you do not agree to any part of these terms, or if any content of Trackies is illegal in the territory where you currently reside, then please do not proceed or attempt to access Trackies.
Headings do not form part of these terms and conditions and will not affect their interpretation.
In these terms and conditions, "you" refers to the member or user and "we", "us" refers to T101 Limited. The Trackies website and associated mobile applications ("Trackies") are owned and operated wholly by us.
In respect of Trackies, you should be aware that these terms apply equally irrespective of whether the products or services are accessed via a desktop browser, mobile browser, mobile phone, tablet device, or any other digital device.
User age warranty & adult content warning
Trackies is for adults aged 18 years of age or older. Persons under 18 years, pretending to be over 18 years or individuals soliciting persons under 18 years will be removed from Trackies and further use will be blocked.
The content of Trackies may be of an explicit gay nature and contain sexual imagery and text.
You agree that this type of content does not cause you offence. We are not liable to remove content that causes you offence although we will do so if it is in breach of our own content policy or UK obscenity laws.
Standard Membership is free. Premium Membership fees are at the rates shown on Trackies. If you are a Premium Member, you must pay renewal fees before expiry of your current membership in pounds sterling, US dollars or Euros. If you do not pay on time, your Premium Membership will be downgraded to Standard Membership until you have paid your membership fees. Membership is not transferable between profiles.
Paying membership fees
Trackies.com website and Trackies X Android Application
If purchasing Premium membership through the web version of Trackies or the Trackies X Android Application, you agree to pay, using a valid credit card (or other form of payment which we may accept from time to time) the membership fees at the rates shown on Trackies. The charge will appear on your credit card as one of the following: Trackies.COM or T101 LIMITED. You will receive an email receipt for any charges to your card on the date the payment is taken.
Trackies iPhone Application available through iTunes
Where you purchase membership through the Trackies iPhone application, you will be charged by Apple through your iTunes account. Please refer to the iTunes Terms and Conditions for any other information and terms you may be bound by.
You agree to provide us with true, accurate and complete information as required by the subscription or registration process including your legal name, address, postcode, e-mail address and applicable billing information (e.g. credit card number and expiry date) and to allow us to pass this information to a third party credit card processor for the sole purpose of verifying the information you provide and billing your credit card.
Trackies.com website and Trackies X Android application
If you select a recurring billing option, Premium membership will be billed on a recurring basis, with each relevant period lasting the time period selected. Once that time period has expired, you will be billed for the same period, unless we are notified at least 48 hours before the relevant renewal period begins. You may notify us that you wish to cancel your membership at any time prior to 48 hours before the relevant renewal period by going to the Membership section on the webpage or Trackies X application and selecting the option to cancel your recurring billing. If you are having any issues, please email support@Trackies.com for assistance.
You agree that we may charge the credit card (or other form of payment, if applicable) that you have given us details of for recurring payments. In the event that we cannot charge your credit card, we reserve the right to suspend or downgrade your membership at our absolute discretion.
If you need to change your payment details, please go to the Membership section of the website or Trackies X app. If you need any assistance, please contact our customer support team at support@Trackies.com.
Trackies iPhone Application available through iTunes
If you select a recurring billing option, Premium membership is billed on a recurring basis, with each relevant period lasting the time period requested. Once that time period has expired, you will be billed for the same time period, unless we are notified at least 48 hours before the relevant renewal period begins.
If you’d like to cancel your membership, go to the ‘Manage App Subscriptions’ page within the App Store on your iOS device.
Your right to cancel under the Consumer Contracts Regulations 2013
This section applies to you if you are a “consumer” as defined under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013.
You have the right to cancel your contract for Premium Membership within 14 days from the date of placing your order (“Cancellation Period”). You can do this by emailing us at support@Trackies.com.
If you cancel your Premium Membership during the Cancellation Period, we will reimburse you for all payments received from you, provided however that you will not receive any refund for the portion of your payments attributable to the days during which you had access to the Premium Membership.
All reimbursements shall be made to you within 14 days and using the same means of payment as you used for the initial transactions, unless you have expressly agreed otherwise.
By requesting an immediate profile upgrade you acknowledge that even if you cancel your Premium Membership within the Cancellation Period you will still be charged for the time during which you had the Premium Membership.
Guidelines on Safer Dating (Safety tips)
Trackies is about fun and exploring your sexuality in a friendly environment. You are responsible for your own safety - we cannot accept responsibility for your personal safety under any circumstances. However, we are committed to our members having fun and being safe. Please therefore read our Guidelines on Safer Dating. These guidelines are there for your protection and to offer practical tips to enhance safety. However, be aware that your personal safety is your responsibility and you must therefore exercise your own judgment when meeting people and in choosing the activities you get involved in.
Please note that we do not undertake background searches of any of our members or users of Trackies. You therefore should exercise caution in sharing any of your personal information with other members. We do not accept any liability should information displayed on a member’s profile be untrue or misleading.
Member conduct when using Trackies
Members must not:
post, send, email, store, upload, or link to any material or content that is or may be offensive, illegal, unlawful or discriminate against any persons race, ethnicity, gender, disability, religion, beliefs, sexual orientation or any other preferences;
interfere with another's enjoyment of Trackies;
impersonate any person or falsely state or otherwise misrepresent your affiliation with a person;
create more than one profile on Trackies; multiple profiles are not permitted and if you are found to have created multiple profiles we will terminate your membership immediately without refund of any membership fees;
use Trackies for advertising goods or services without our written consent;
upload to Trackies or do anything that breaches these terms and conditions;
copy, modify, create a derivative work of, reverse engineer or assemble or otherwise abuse our rights in relation to any of our software;
attempt to access any area of Trackies for which you are not authorised or access our system without our written consent;
do anything which materially affects (or may materially affect) the functionality of our systems;
use Trackies for commercial purposes or financial gain; or
use a temporary or throwaway email address on their account. Email addresses must be valid and kept up to date.
If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
We reserve the right to (without notice or justification in our absolute discretion but not so that we are obliged to exercise any right):
take down or alter any material you upload to Trackies;
cancel your membership at any time - fees will not be reimbursed unless we are unable to justify the cancellation;
withdraw Trackies in its entirety as required by law (should this happen, we will provide you with a pro rata refund of the membership fees paid);
read your messages to and from other members and copy any such messages that may be evidence of breach (if we reasonably believe you, or another member with whom you are in contact, have breached our terms and conditions) - usually we will only do this if we receive a complaint from another member. We may also monitor the content of private messages sent between members to detect spammers/scammers and anyone attempting to use duplicate profiles.
Enforce limits on excessive use of the systems.
On becoming a member you choose your username and password. You must not disclose your password to anyone and should be aware that we will never ask you for it other than in logging on to Trackies so anyone asking you to produce it is to be regarded as doing so for malevolent purposes. You are responsible for all acts done in your account name and therefore for the acts of anyone you give your password to in breach of these terms and conditions.
Reporting misuse of Trackies
We ask for your help in maintaining the high standards of Trackies and the communities within them by immediately notifying us of any material or communications that are in breach of these terms or that are, or appear to be, illegal. Remember that while Trackies belongs to us, it is also yours to enjoy. You can report any alleged abuses to us at support@Trackies.com or through the “Help” section of your device.
Personal use only
Any material on Trackies is strictly for personal use and must not under any circumstance be used by any user or member for commercial purposes or used in a defamatory or derogatory manner. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are the owner or the licensee of all intellectual property rights on Trackies, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Trackies for your personal use and you may draw the attention of others within your organisation to content posted on Trackies.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status and that of any identified contributors as the authors of content on Trackies must always be acknowledged.
You must not use any part of the content on Trackies for commercial purposes without obtaining a licence to do so from us or our licensors.
You also agree that you will not collect members’ content or information, or otherwise access Trackies using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior written permission.
Your warranties regarding uploaded materials
You warrant that all material you upload to Trackies:
is true, accurate and up-to-date (and you agree to maintain it as such at all times);
is your own creation/property or that you have consent to upload it to Trackies and in all cases that uploading the material does not breach any third party's intellectual property rights;
is not defamatory, illegal, unlawful, offensive or discriminatory in any way;
has been processed by up-to-date virus-checking software and found to be free of any virus, worm, Trojan or other similar device or effect that alters or may alter the functioning of any of Trackies or any computer system at any time;
will not promote violence;
will not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
will not infringe any copyright, database right or trade mark of any other person;
will not be likely to deceive any person;
is not uploaded in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
will not promote any illegal activity;
will not be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
shall not harass, upset, embarrass, alarm or annoy any other person.
shall not be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
shall not give the impression that they emanate from us, if this is not the case.
Any content you upload to Trackies will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Trackies constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other member of Trackies.
You agree to indemnify (reimbursing all liabilities, costs and expenses actually incurred) us against any costs, claims, liabilities or expenses arising out of breach of these terms and conditions and to keep us so indemnified at all times.
Monitoring of content
Although we do not actively monitor submissions to Trackies or content posted by members and accept no responsibility or liability for this, submission and content posted may be subject to real-time vetting and monitoring (particularly in respect of images that may be shared on member’s profiles) . We reserve the right to amend or remove content without justification. In particular, we may do so if we receive a complaint about content, feel the content is unsuitable, in violation of the law, contains political content or in any way breaches these terms and conditions.
Please note that due to the content restrictions on some mobile application platforms, some Trackies content may not be accessible regardless of membership status.
Ownership of trademarks etc. on Trackies
The trademarks, logos, names, fonts and images displayed on Trackies are the registered or unregistered trademarks of the company or licensed to it. Except where expressly stated to the contrary, nothing on Trackies confers any licence or right to use any trademark displayed on Trackies without our prior written approval of the owner of the relevant trademark.
We may occasionally have to perform necessary maintenance and/or upgrades to the services. These specified time periods are referred to as "Scheduled Maintenance Windows".
In the event of plans to bring down the service during a Scheduled Maintenance Window, we try to provide 24 hours notice to our members in advance of the Scheduled Maintenance Window.
Members must be aware that, at any time, we may perform emergency maintenance as needed to preserve the overall integrity of the services with no notice and with or without compensation for such activities.
We support most of the popular web browsers currently in use. However, we cannot guarantee that the specific browser you use will be able to display Trackies and all its features accurately. Please refer to our Help section for a full list of supported browsers.
Right to alter or suspend any service or feature
We reserve the right to alter or suspend any service or feature at any time without prior notification or explanation.
Rights in Trackies content
All rights, including copyright and database rights, in Trackies and the content thereof are owned or controlled by us. We retain all copyright, database rights and other intellectual property rights in material contained on or in relation to Trackies (to the exclusion of any images you may upload to Trackies) and you may not copy, reproduce, download, republish, extract, broadcast, transmit, display, modify or re-use any of the materials on Trackies for any other purpose.
Linking to Trackies
You may link to any visible page on Trackies, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be contained within a frame on any other site. We reserve the right to withdraw linking permission without notice. Your website should not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on Trackies other than that set out above, please address your request to us at support@Trackies.com.
Exclusion of liability for linked websites
Whilst we exercise reasonable care in the selection of websites to which we link, we do not control their content, format or availability. Therefore:
we give no warranties, endorsements or recommendations in relation to any products or services mentioned or any statements contained in third party sites;
we disclaim all responsibility for any content you encounter, or events which may occur once you have transferred out of this website and are not be liable to you or anyone for any damages or other losses of any type whatsoever incurred by visiting a linked site.
Exclusion of liability for content on Trackies
You agree that whilst we take all reasonable measures to ensure the truth and accuracy of information on Trackies, we are not responsible for any wrong or inaccurate information whether it is posted by us, a member or an advertiser. You are advised to independently verify such information before relying on it. We also accept no responsibility for any misleading information posted by other members. Accordingly, you are advised to proceed with caution in dealing with other members.
Exclusion of liability for viruses, etc.
Whilst we take all reasonable precautions to protect Trackies and its members against worms, viruses and other harmful material, before downloading or using any potentially harmful material on Trackies, you are advised to ensure that your systems have up-to-date virus detecting software and have that software check the safety of any materials. Therefore, we do not accept responsibility for any defects, viruses or other harmful components that may be contained within any area of Trackies.
You must not misuse Trackies by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Trackies, the server on which Trackies is stored or any server, computer or database connected to Trackies. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Trackies will cease immediately.
Exclusion of liability for loss
To the extent permitted by applicable laws, no liability is accepted for any direct, indirect or consequential loss or damage or loss of use, data, business opportunity or profits, whether in an action in contract, negligence or other tortious action, howsoever resulting from the access to and use of Trackies and any reliance placed on the information and materials contained on it (but for the avoidance of doubt this clause does not exclude liability for death, personal injury, fraud or fraudulent misrepresentation ).
Please note that we will not be liable for any damage howsoever caused or losses incurred should you download the Trackies X app from any other source other than the Trackies.com website, and the Trackies iPhone app from any other source than the iTunes Store.
Termination of Trackies use rights
A user's/member’s authorisation to use Trackies automatically terminates without notice if the user/member fails to comply with any of these terms. On termination, the user/member must cease all use of Trackies.
Right to amend these terms
We may at any time revise these terms by posting changes on Trackies. The continued use of Trackies after changes are posted constitutes your acceptance of the modified terms. If you choose not to accept the modified terms and you are a fee paying member, we will upon request return a fair proportion (related to the time left unexpired on your membership) of the membership fee.
These terms are governed by and construed in accordance with the laws of England. If any of the terms is held to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining terms. You agree to submit to the non-exclusive jurisdiction of the English Courts.