Thank you for choosing to use AllMyTracks services (hereinafter “AllMyTracks”) offered by AllMyTracks Technology (hereinafter “AllMyTracks Technology”).
Please be informed that the headings and titles of the sections herein are for the purpose of helping you understand the intent of the sections only and shall not affect or restrict their meaning or interpretation. In order to protect your own legitimate rights and interests, before using AllMyTracks, it is recommended that you carefully read and fully understand the contents of the terms as may be amended from time to time, especially those exempting or limiting the liability of AllMyTracks Technology (which usually contain words such as “not be liable” and “no obligation”) and those limiting the rights of users (which usually contain words such as “shall not”) and the governing laws and dispute resolution clause, and other clauses on exemption or limitation of liability which require your special attention will be marked in bold or underlined. The above terms and clauses shall apply to the maximum extent permitted by the laws.
If you fill in the information according to the prompts on the registration page, read and agree to this Agreement and complete all the registration procedures and become a registered user, or if you have actually used AllMyTracks, it means that you have fully read, understood and accepted all the contents of this Agreement, and have reached an agreement with AllMyTracks Technology to become a “user” of AllMyTracks. If you do not accept this Agreement or any of its terms or content, please DO NOT access or use AllMyTracks; otherwise, by starting / continuing to access or use AllMyTracks, you will be deemed to have carefully read, thoroughly understood and fully agreed to the terms of this Agreement and all the agreements with AllMyTracks Technology, and have reached this Agreement with AllMyTracks Technology and undertaken to comply with the same. All rules and agreements of AllMyTracks Technology shall have the same legal effect as the text of this Agreement. You undertake to accept and comply with the provisions of this Agreement, and that you will not claim that this Agreement is invalid or request to cancel this Agreement on the ground that you have not read the content of this Agreement.
If you are minors, please read this Agreement and the relevant agreements mentioned herein in the company of your legal guardian, and obtain the written consent of your legal guardian before using the services.
AllMyTracks Technology shall have the right to make and revise this Agreement or various rules from time to time where appropriate. Any change in this Agreement will be notified appropriately on the website without separate notice to you. The revised terms shall take effect immediately and automatically after announcement thereof. If you do not agree with the changes, please stop accessing or using AllMyTracks immediately. By continuing to use the services offered by AllMyTracks Technology, you will be deemed to have accepted the revised agreement and rules.
Should you have any doubt about this Agreement, you may consult with AllMyTracks Technology via [ customer-service@allmytracks.com].
This Agreement is signed by you and AllMyTracks Technology at the time when you check “I have read and agree to” this Agreement.
I. Parties
This Agreement is concluded by and between you and AllMyTracks Technology, and has contractual effect on both you and AllMyTracks Technology.
Under this Agreement, the operator of AllMyTracks may change due to the business adjustment of AllMyTracks Technology, and the new operator of AllMyTracks upon such change will perform this Agreement with and render services to you, without prejudice to your rights or benefits under this Agreement.
II. Supplementary Agreement
Since the existing agreement cannot guarantee to fully meet the needs of future development, and the existing agreement cannot fully cover all the rights and obligations between you and AllMyTracks Technology, the relevant policies, statements, rules and agreements (including but not limited to the Privacy Policy, the Premium Member Service Agreement, the License Letter, the Music License Agreement or other service rules, each as revised) published by AllMyTracks Technology shall be supplementary agreements to this Agreement, which are integral parts of and have the same legal effect as this Agreement. By using AllMyTracks, you will be deemed to have agreed to the above supplementary agreements.
III. Amendment to Agreement
1．AllMyTracks Technology reserves the right to modify, add, delete or change any terms of this Agreement at any time based on the consideration of the ever changing conditions of AllMyTracks Technology itself, users and the market. In case of any modification, addition, deletion or change of and to the terms of this Agreement, we will provide the modified, added or deleted terms on our website. AllMyTracks Technology may modify any terms of this Agreement at any time.
2．Any user disagreeing with the modification of the relevant terms of this Agreement may stop using the network service. However, by continuing to use the network service, the user will be deemed to have accepted the modification made by AllMyTracks Technology to the relevant terms of this Agreement.
User registration refers to the process in which a user logs in AllMyTracks, fills in the relevant information as required and confirms that he agrees to perform this Agreement. No user name registered with AllMyTracks may contain information prohibited by laws, regulations, administrative rules and other norms. AllMyTracks shall have the right to refuse any false, wrong or other untrue user registration information, and notify the user to timely modify and re-submit the same. If the information provided by you is illegal, untrue, inaccurate or incomplete, any losses and legal liabilities arising therefrom will be borne by you, and AllMyTracks Technology reserves the right to claim compensation from you for any loss thus caused to AllMyTracks and AllMyTracks Technology.
I. User Qualification
You acknowledge that before you start the registration process or start to use and access AllMyTracks services, you shall have the capacity for civil conduct appropriate to your act as prescribed by the laws and regulations . If you do not have such capacity for civil conduct appropriate to your act, you must complete the registration or start to use or access AllMyTracks on the premise that your guardian has carefully read and consented to the content of the Agreement. All consequences arising from any of your violation of laws and regulations or the content of the Agreement shall be borne by you and your guardian.
II. Account
1．ID
(1) After you fill in the information according to the prompts on the registration page, read and agree to this Agreement, and complete all the registration procedures, you will get a registered account and become a AllMyTracks user. By registering, you agree to be bound by this Agreement and other rules and terms of AllMyTracks Technology. If you do not accept the above conditions, you shall immediately stop the registration process and stop accessing and using AllMyTracks.
(2) Any AllMyTracks ID registered by a user shall be owned by AllMyTracks Technology, while the user, after completing the registration application procedures, will obtain the right to use such AllMyTracks ID. Only the user himself can use his own AllMyTracks ID, which is non-transferable, non-giftable and non-inheritable.
(3) You have the right to log in to AllMyTracks with the AllMyTracks ID you set or confirm (such as the e-mail you registered for use) and the password you set (collectively referred to as the “account”).
2．ID Management
(1) The user understands and agrees that you shall be responsible for the confidentiality of your ID and password, be responsible for the security of your ID, not give your ID or password to others in any way, and be responsible for all activities under your account.
(2) AllMyTracks Technology shall not be liable for any loss arising from illegal use of the ID and password by others due to hacking or your negligence in keeping the same. If the ID or password has been breached due to the user’s own fault or because the user’s computer is infected with viruses or Trojans, the user shall solely bear the losses caused thereby.
(3) If the user finds that his ID or password has been used illegally by others or has other exception, he shall immediately notify AllMyTracks Technology and provide the relevant proof that the ID is owned by him. AllMyTracks Technology shall not be liable for any consequences already occurred before taking action, unless AllMyTracks Technology has obvious fault. Please understand that AllMyTracks Technology will take a reasonable amount of time to act on any of your requests and will not be liable for any consequences arising from acting on your requests.
(4) The user understands and agrees that, in case of any login by third-party [account], you should also ensure the normal use and security of your account with the relevant party. AllMyTracks Technology will not be responsible for any exception of your AllMyTracks account as a result of the discontinuation or the security problems of your relevant account.
3．Account Independence
If the same user has multiple IDs, and logs in by such IDs, each ID logged in will be identified as an independent account; and no recharge records or permissions (if any) of an account may be transferred, migrated, assigned, gifted, sold, rented to or shared with another account, irrespective of whether such accounts are owned by the same user or not. Please be sure to check the account you use when logging in/ recharging/ joining for activities to avoid losses; otherwise, such losses shall be solely borne by you.
III. Application for Registration and Revision
1．ID Authentication
(1) You understand and agree that you are obliged to maintain the authenticity and validity of the information you provide. You should use your e-mail to register with us. We may ask you to provide true, detailed and accurate personal data, you should cooperate to provide the same.
(2) By registering, you agree to receive the account dynamics sent to you by AllMyTracks Technology through e-mail or other means of communication, including but not limited to website management information, update information, activity information, transaction information, promotional information, etc.
(3) All personal data provided by you will be used by us as the basis for identifying you.
(4) If you are an enterprise employee who purchases services for the enterprise (hereinafter referred to as "Enterprise Services"),before you register, you should ensure that this Agreement, the Privacy Policy and the Premium Members Service Agreement published by AllMyTracks have obtained the written consent of your enterprise, and you should provide us with the information of your enterprise and the attorney lettter given to you by the enterprise. Notwithstanding the foregoing,once you choose to purchase "[Music Sound Effects Business]" or other Enterprise Services, regardless of whether you provide the aforementioned information or materials, we will identify you as an enterprise , and the works downloaded by you will only be used for the projects of the enterprise you designated.
(5) AllMyTracks Technology shall have the right to refuse any user registration applications containing false, wrong or other untrue information, and to order users to timely modify and re-submit the same. AllMyTracks Technology will not be liable for any problems caused by untrue registration information.
2．ID Alteration
(1) Please note that the ID cannot be changed after registration, only the password and personal information can be modified subject to the website regulations.
(2) After successful registration, you shall update or modify the information provided during your application for registration at any time when there is any change in your personal information or as required, and we will provide this service to users in a timely and effective manner.
(3) In order to protect your personal information and ID security, we may verify your modification operation and request authentication from you.
3．ID Cancellation
Any intended cancellation of the user identity of AllMyTracks by the user contact the customer service email [customer-service@allmytracks.com] of the voice factory, which will handle your application as soon as possible.
The application requires approval from AllMyTracks Technology. Please be aware that once your ID is cancelled, all services under the ID (including services you have purchased but have not yet used) will be terminated, and your data, rights, and interests etc. will be deleted or cancelled. You will not be able to use any of the services we provide. Unless otherwise agreed or stipulated, the agreement, the rights and obligations will be terminated.
Notwithstanding the above, AllMyTracks Technology still reserves the following rights:
(1) AllMyTracks Technology has the right to retain the user’s data, including but not limited to user data, transaction records, etc., for the period specified by laws, regulations and rules.
(2) If the user has any violation of laws or breach of this Agreement at AllMyTracks before cancellation, AllMyTracks Technology is still entitled to exercise the rights stipulated in this Agreement and relevant rules to hold the user liable for legal liability.
Please note that once ID is deregistered, it will not be restored. Please operate with caution.
IV. Registration and Use Specifications
1．Users shall not register or use AllMyTracks to:
(1) violate the laws or regulations;
(2) inciting racial hatred or racial discrimination;;
(3) harm the public interest;
(4) instigates ethnic hatred or ethnic discrimination or undermine ethnic unity;
(5) undermine national religious policies or promote cults ;
(6) spread rumors, disturbs social order or undermine social stability;
(7) disseminate content related to obscenity, pornography, gambling, violence, murder or terror, or abet a crime;
(8) insult or slander others, or infringe upon the legitimate rights and interests of others;
(9) contain other content prohibited by laws and administrative regulations.
2．When registering an ID and accessing and using AllMyTracks, a user undertakes to hold the bottom line of compliance with laws and regulations, citizens’ legitimate rights and interests, public order, social morality and information authenticity.
3．User ID information (including but not limited to user name, profile, nickname, etc.) is completely uploaded or filled in by the user, which may not use prohibited or confusing words or contents (including but not limited to illegal, indecent, sensitive, political words, the word of “administrator”, etc.), nor infringe or be suspected of infringing on the legitimate rights and interests of others, such as the right of name, portrait, reputation and honor, nor involve information and illegal content about official media, party and government, foreign heads of state, pornography, dissemination of violence and terrorism, feudal superstition, secession of the State, malicious advertising. Otherwise, AllMyTracks Technology shall have the right to take measures including suspending the use, canceling the registration, deleting the information, requiring you to modify or restricting the use of your ID to prevent the spread of any illegal information, and the right to report to the relevant competent authorities. The user shall be solely responsible for any infringement complaints or liable for administrative penalties arising from violation of the laws and rules by the user’s account information, and shall compensate for any losses so caused to AllMyTracks Technology.
4．Users are not allowed to use improper means to improve their own or others’ credit, or use improper means to maliciously evaluate other users to reduce their credit.
5．You may not use any of the materials on this website or any information displayed on AllMyTracks platform without the written permission of this website.
6．When using the platform services, users must abide by the applicable laws and regulations In case of any violation thereof which leads to any legal consequence, the user shall assume the corresponding legal liabilities.
7．You may not log in to the website or disrupt the services provided by the website, by:
（1）accessing or logging in to the website by software or other automated means;
（2）conducting any act by any means which causes or may cause unreasonable or disproportionate heavy load to the internal structure of the website; or
（3）interfering or attempting to interfere by any means the normal operation of the website or any activity on the website.
8．You may not use the network service system for any illegal purpose, and should comply with the network agreements, rules and procedures relating to network services. AllMyTracks shall not be used to carry out any act that may adversely affect the normal operation of the Internet, nor shall AllMyTracks be used to carry out any act that is disadvantageous to or damages the interests of AllMyTracks or AllMyTracks Technology.
9．After purchasing or downloading Works, the user or the Designated Users （The definition of "Designated User" is detailed in the Music License Agreement(Music Sound Effects Business member)）shall use the Works subject to the relevant provisions of and within the scope of license granted by AllMyTracks Technology, and shall not sublicense any third party to use the same; and it is prohibited to resell, transfer, publish the electronic source files of the original Works, or make the same available for download or otherwise use by others. Once the user confirms the purchase, the relevant fees will be deducted. If the purchase is wrong due to the user’s own reasons, the fees will not be refunded.
10．Users or Designated Users shall abide by the provisions of the Copyright Law and other applicable laws and shall not infringe upon the legitimate rights of this website and the right holders when using the Works, and shall not use the Works obtained through AllMyTracks Technology in any illegal or pornographic occasions, including but not limited to illegal political propaganda materials, illegal medical and health care propaganda materials. Users shall not infringe upon the legitimate rights and interests of AllMyTracks Technology or the right holders of the original Works. Those who use the original Works in violation of regulations shall solely bear all the economic losses and legal consequences caused thereby.
I. Service Content
AllMyTracks Technology offers you the following services, including but not limited to:
(1)AllMyTracks service;
(2)AllMyTracks Technology (paid) Membership Service (hereinafter the “Membership Service”); for the paid network service, AllMyTracks Technology will give the user a clear prompt before his use, and only when the user confirms that he is willing to pay the relevant fees according to the prompt, can the user use such paid network service. If the user refuses to pay the relevant fees, AllMyTracks Technology will not provide such paid network services to the user;
(3)AllMyTracks Technology search service (hereinafter the “Search Service”);
(4)AllMyTracks Technology download service(hereinafter the “Download Service”);
(5)AllMyTracks Technology license service (hereinafter the “License Service”);
(6)Other technologies and/or services provided (hereinafter “Other Technologies and Services”).
(The above services are collectively referred to as “AllMyTracks Technology Services”).
II. Specification for the use of Musical Works
1．All the works downloaded by you can only be used by the sole end user. If you are an individual, you can only use it for all of your own projects;If you are an enterprise who purchase"[Music & Sound Effect Business]" or other Enterprise Services ,the sole end user may be, at your own discretion, yourself, or anyone designated by you in writing through a license letter or a license agreement (hereinafter the “Designated User”). You acknowledge and agree that:
(1) All works purchased under an Account can only be used by one and sole end user. For example, if the works downloaded by a user has been confirmed or actually used by A, then all subsequent works downloaded by such user can only be used by A.
(2) Once the end user is confirmed, it cannot be changed, otherwise AllMyTracks Technology shall have the right to hold you and the user liable for breach of contract and infringement; please confirm the end user carefully.
(3) A musical works available for one download may be used only for a single item under one licensed purpose, for example, a single video on a specific platform, that is, it can only be used once. If you want to use it for another purpose or item, you need to download it again and obtain a license.
2．In order to clarify the specific end user and specific item of use of the works and safeguard your legitimate rights and interests, you have the right to apply to us for a license letter for specific music works after downloading the music works, or to sign a license agreement with us with respect to the rights and interests of use and download of music when you purchase the Membership Services. We will issue or sign the document with you in a timely manner.
3．Please note that you are subject to the restrictions of this Section whether or not you make such application. If you do not designate a user to us in writing, then the person who uses the first works with your consent will be the sole end user of all your subsequent works by default, and you shall not provide your downloaded works to anyone else (including yourself) for use; and if you do not inform us in writing of the specific item in which you use the single download works, then the first item for which you use the works shall be deemed to be the corresponding item of the works, and you shall not use the works for any other item.
4．For the music works licensed to you, you have no right to sublicense or otherwise delegate to other person for use, nor have the right to safeguard your rights.
5．If you are an enterprise, all works purchased under your Account can only be used by one and sole end user （Designated User ）in principle. However, if you wish to increase the number of Designated User that can use the Works, you are welcome to contact AllMyTracks Technology through the customer service email address [customer-service@allmytracks.com] to increase the authorization.
6．If the works are used by the “Designated Users” designated by you, you shall ensure that the Designated User understands and abides by this Agreement and all the network agreements, regulations and procedures related to the network service with and of AllMyTracks Technology, and uses the same subject to the relevant provisions of and within the scope of license granted by AllMyTracks Technology. It will be deemed as your own breach, and AllMyTracks Technology shall have the right to hold you liable in accordance with this Agreement, and to require you and the Designated User to bear joint and several liability for breach of contract or infringement, if the Designated User uses the works against such provisions or beyond the scope of license.
III. Change, Suspension or Termination of Services
1．In consideration of the special nature of the Network Services, you agree that AllMyTracks Technology may, at its sole discretion, change, suspend or terminate the network services, in whole or in part, at any time with or without notice. After the termination of the services, AllMyTracks Technology shall have no obligation to retain the original Account for you or any information related to it. When AllMyTracks Technology changes, suspends or terminates all network services, AllMyTracks Technology shall not be required to provide compensation or refund services for various platform rewards or network virtual property obtained by users at AllMyTracks Technology.
2．The user understands that AllMyTracks Technology needs to regularly or irregularly repair or maintain the platform providing network services (such as the online website) or related equipment. In this case, AllMyTracks Technology shall not be liable for any suspension of the paid network services within a reasonable time, provided that AllMyTracks Technology shall make advance notification as soon as possible.
3．AllMyTracks Technology shall have the right to suspend or terminate the provision of network services (including paid network services) to users under this Agreement at any time without any liability to users or any third party, and to hold the user concerned accountable for all legal liabilities (if any) for illegal use of AllMyTracks Technology’s “services”, if:
(1) the personal data provided by the user is not true；
(2) the user violates the rules of use stipulated in this Agreement, or the user fails to comply with this Agreement and other rules and terms of AllMyTracks Technology;
(3) the user fails to pay the corresponding service fee to AllMyTracks Technology according to the regulations when using the paid network services; or
(4) the service agreement between the user and AllMyTracks Technology shall be null and void ab initio because the user is registered as a user of AllMyTracks Technology or engages in transactions beyond the scope of his capacity for civil rights or conducts.
4．AllMyTracks Technology needs to regularly or irregularly repair or maintain the platform or related equipment providing network services, which may lead to temporary suspension of services, for which AllMyTracks Technology shall not be liable. However, AllMyTracks Technology must ensure that the time of suspension of service is minimized.
5．AllMyTracks Technology may terminate the services by canceling the user’s ID, if: the user breaches or repeatedly breaches this Agreement and relevant rules, or provides registration information which is fake or uses other’s information fraudulently, or commits infringement, or is under other circumstances that AllMyTracks Technology considers it necessary to terminate the services.
IV. Declaration of Rights
1．AllMyTracks Technology or other right holders legally have the corresponding intellectual property rights and other rights (including but not limited to copyright, trademark right, patent right or other proprietary rights) in any software, program, content used by AllMyTracks and AllMyTracks Technology, including, without limitation, Works, pictures, archives, materials, website structure, layout of website pages, web page design, advertisements or information presented to you by AllMyTracks Technology or advertisers, etc., which are protected by applicable laws.
2．Without express written authorization of AllMyTracks Technology or the right holders, you shall not use any of the above Works and resources of and used by AllMyTracks Technology by means of modification, lease, lending, sale, distribution, etc., or make any kind of products based on such Works and resources.
3．This website shall not be used through an interface other than that provided by this website, and shall not be mirrored on a website other than this website.
4．The ownership of the Works offered by this website belongs to the corresponding copyright owners or the website under authorization. If a user purchases any Works, he will obtain the corresponding license according to the specific licensing mode of the Works. The user shall download and use the Works within the scope of license.
I. Fee
1．We will have the right to determine the rates and charging methods for the services offered by us, and we may set different rates and charging methods for different services, or determine different rates and charging methods according to different stages of the services offered by us. In addition, we may revise our rate policy from time to time. We will put the charging information about the services, as well as their rates, charging methods, purchase methods or other information about the rate policy related to the services in a prominent place on the relevant webpage of the services.
2．For our paid services, you can use any part of such services only after you make purchase according to our determined rate policy. Should you fail to do so, we may immediately stop providing the services to you.
II. Advertisement
1．You acknowledge and agree that we may publish commercial advertisements or other promotional advertisements for other parties in the services we offer. You agree that AllMyTracks Technology may place commercial advertisements or any other type of commercial information in various ways in the course of providing services (including but not limited to placing advertisements on any part of the platform or website of AllMyTracks). You agree to accept the promotional or other relevant commercial information sent to you by AllMyTracks Technology through e-mail, site message,website announcement or other means.
2．It should be noted that such contents are made by advertisers or providers of goods and services, and we only provide the media for placement. If you purchase any service or goods through us or a website linked by us, such transaction only exists between you and the goods or service providers, which shall have nothing to do with us. You acknowledge and agree that we are not responsible for any third-party link or information.
I. Use of Information
1．In order to facilitate your use of the relevant services of AllMyTracks Technology, you authorize AllMyTracks Technology to transmit the information provided and generated in the process of your Account registration and use of the services of AllMyTracks Technology to its affiliates and other relevant service providers, or to obtain the information provided and generated in the process of your registration and use of relevant services from its affiliates and other relevant service providers.
2．It is a basic policy of AllMyTracks Technology to protect the privacy of users. AllMyTracks Technology warrants not to disclose or provide to third parties the registration information of individual users and the non-public content stored in AllMyTracks Technology when users use network services, except:
(1) with the user’s prior express consent;
(2) as required under applicable laws and regulations;
(3) as required by relevant competent governmental department;
(4) for the purpose of protecting the interests of the public; or
(5) for the purpose of protecting the legitimate rights and interests of AllMyTracks Technology.
3．You acknowledge and agree that AllMyTracks Technology may analyze the whole user database and use or commercially exploit the user database and analysis results on the precondition of no disclosure of privacy information of any single user.
4．AllMyTracks Technology will not disclose or provide to third parties the registration information of individual users and the non-public content stored in AllMyTracks Technology when users use network services.
5．AllMyTracks Technology will not allow any third party to collect, edit, sell or disseminate user information free of charge by any means. Once any user is found to have any act prohibited by this Section, AllMyTracks Technology shall have the right to immediately terminate the service agreement with the user, ban or cancel its ID.
6．In order to better use the network services or functions of AllMyTracks Technology, AllMyTracks Technology will set, access cookies or use similar tracking technologies on the users’ computers, so as to provide users with more thoughtful personalized services, including promotional services. Users can refuse to accept cookies or similar tracking technologies by changing their browser settings. If users refuse to use the same, they may not be able to log in or use the normal network services or functions of AllMyTracks Technology.
7．AllMyTracks Technology shall have the right to send you product and service information through the use of personal information.
II. Information Disclosure
1．Your information will be disclosed in whole or in part:
(1) with your express consent;
(2) to a third party as required due to your violation of the laws, regulations, rules, ordinances or the rules of AllMyTracks Technology;
(3) to a third party or an administrative or judicial authority in accordance with the relevant provisions of the laws or the requirements of the administrative or judicial authority;
(4) if your personal information must be shared with a third party in order to provide the products and services you request;
(5) to the counterparty as required due to the need of issuing invoices and other reasons;
(6) to the counterparty as required due to the need to issue a license for the work; or
(7) as may be deemed appropriate by AllMyTracks Technology in accordance with the laws or the provisions of this website.
2．AllMyTracks Technology may cooperate with a third party to provide users with relevant network services. You acknowledge and agree that in order to provide users with corresponding network services, AllMyTracks Technology needs to provide the registration information of users to the third party, but AllMyTracks Technology will require the third party to agree to assume the same duties for protecting users’ privacy as AllMyTracks Technology.
III. Information Security
1．When using the services of this website for online transactions, please properly protect your own information. AllMyTracks Technology will not be liable for any economic losses and other adverse consequences arising from breach of information caused by your own poor keeping;
2．If you find that your information is leaked, especially the registered Account or password or payment account or password, please contact the customer service immediately and send a written notice to AllMyTracks Technology, so that we can take appropriate measures to protect your rights and interests.
1．The user acknowledges that your consent to use the service offered by AllMyTracks Technology is out of your own personal will and at your own risk, for which AllMyTracks Technology assumes no liability to you. Such risks include but are not limited to: any damage to you or the computer system you use or loss of any data due to your execution of the services provided by us or the download of data from the website; any loss caused by your reliance on the legality, correctness, completeness or practicability of the service content; or login failure, incomplete data synchronization, slow page opening, etc. due to unstable network signal, small wireless network bandwidth and otherwise.
2．In view of the particularity of the network services, the user agrees that AllMyTracks Technology may change, suspend or terminate part or all of the network services of the products/services at any time according to the business development, with respect to which AllMyTracks Technology shall have no obligation to notify the users, nor be liable for the users or any third party.
3．AllMyTracks Technology makes no warranties, express or implied, regarding the products and/or services you use, including but not limited to:
(1) The products and/or services must be able to be fit for the users’ intended use or meet the users’ expectation;
(2) The merchantability, fitness for purpose, timeliness, reliability, accuracy, completeness, virus-free and error-free nature of the products and/or services;
(3) Continued provision of the products and/or services.
4．You understand and acknowledge that when using the services of AllMyTracks Technology, you are exposed to a wide range of content and information sources, and AllMyTracks Technology shall not be responsible for the accuracy, authenticity, availability, security, integrity and legitimacy of such content and information. You understand and acknowledge that you may be exposed to content and information that is incorrect, offensive, inappropriate, or objectionable, and you will not hold AllMyTracks Technology responsible for that.
5．You understand and agree that even if there are defects in our products/services, such defects are unavoidable due to the then technical level of the industry, which will not be regarded as a breach of contract by AllMyTracks Technology, and AllMyTracks Technology will not assume any liability for that.
6．AllMyTracks Technology makes no warranty on the accuracy and completeness of the external links set up for the convenience of users, and AllMyTracks Technology will not assume any responsibility for the contents of any web pages to which such external links direct and that are not actually controlled by AllMyTracks Technology.
7．We will not be liable for any loss arising from (i) failure of telecommunication system or Internet network, (ii) failure, malfunction or operating negligence of ours, or our partners or software and hardware equipment of telecommunication network system, (iii) computer failure or virus, (iv) damage or loss of information, (v) intrusion of others into our network or game system, (vi) tampering, deletion or forgery, or alteration of products/services or website data by others, or (vii) any other force majeure reasons, provided that we will endeavor to reduce the loss and impact caused to users.
8．You understand that AllMyTracks Technology needs to regularly or irregularly repair or maintain the platform providing network services or related equipment. In this case, AllMyTracks Technology shall not be liable to users or any third party for any suspension of the paid network services, provided that AllMyTracks Technology shall make advance notification as soon as possible.
9．AllMyTracks Technology may change any service or delete some of its functions at any time for any reason, and may cancel or terminate the services to users at any time. AllMyTracks Technology may decide to cancel or terminate the services without cause or notice to users. Once the services are canceled, the users’ right to use the services will be terminated immediately. Once the services are canceled or terminated, any information stored by the user in the services will not be recovered, for which AllMyTracks Technology shall not be liable to users or any third party.
10．Where the performance of this Agreement becomes impossible, unnecessary or meaningless due to force majeure or other unexpected events (for instance, suspension or other defects of the network services caused by force majeure or reasons beyond the control of AllMyTracks Technology), the parties shall assume no liability to each other, provided that AllMyTracks Technology shall endeavor to reduce the losses and impacts caused thereby to users. For the purpose of this Agreement, force majeure refers to any event which is beyond the control of the parties and is unpredictable or inevitable even predictable (including but not limited to government actions, natural disasters, hacker attacks, virus infections, third-party service failures, network platforms and platform software server crashes, telecommunications sector’s technical regulation, war or any other similar incident), and which impedes, affects or delays a party’s performance of all or part of its obligations hereunder.
11．In no event shall AllMyTracks Technology be liable for any indirect, incidental, special or punitive damages or losses, including loss of anticipated profits, loss of opportunity, damage to reputation/goodwill, suspension of trade, loss of business information, etc., arising out of your use or inability to use the services.
12．In no event shall the maximum compensation liability of AllMyTracks Technology exceed the total amount of service fees for the defaulted services.
The user agrees to protect and maintain the interests of AllMyTracks Technology and other users, and agrees to compensate for any losses of AllMyTracks Technology and its affiliates or any other third party (including but not limited to direct losses, indirect losses, attorney’s fees, litigation costs, arbitration fees and other reasonable costs) arising from:
(1) Violation of applicable laws, regulations or any terms under this Agreement by the user or any other person using the user’s ID;
(2) Any third-party claim that the user uses our Works or services by infringing, misappropriating or violating its copyright, trademark right, patent right, trade secret, privacy right, reputation right, publicity right, portrait right, property right or other intellectual property rights or proprietary rights;
(3) Other conducts in breach of this Agreement.
All notices given to users by AllMyTracks Technology hereunder may be sent by either website announcement, private message of AllMyTracks Technology, email or regular letter, which shall be deemed served to the recipient on the date of sending.
The conclusion, performance, effectiveness, interpretation, dispute resolution of this Agreement shall be governed and construed in accordance with by the laws of HongKong.
In case of any dispute between AllMyTracks Technology and you with respect to the content or performance of this Agreement and the rules attached hereto, the parties shall try to resolve the same through friendly negotiation; and if the negotiation fails, either party may bring a lawsuit before the court at HongKong.
1．This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and other related matters, and does not grant the parties with any rights other than those set forth herein.
2．Where any provision hereof becomes invalid or unenforceable in whole or in part due to any reason, the remaining provisions hereof shall remain in full force and have binding effect.
3．The headings in this Agreement are for reference only and shall be disregarded when construing this Agreement.
4．Guardians should strengthen the supervision and protection of minors, and you should be responsible for any damage to the interests of minors caused by your failure to exercise guardianship with care.
Thank you for reading to the end. If you have any questions or doubts when reading this Agreement, and if you have any comments or suggestions on our service, please contact our Customer Service Department, and we will provide you with the necessary help and answer. We look forward to establishing a long and mutually beneficial relationship with you and wish you a smooth and pleasant access!
Our official website: [https://allmytracks.net]; customer service email: [customer-service@allmytracks.com ]
This website is owned and operated by
Company Name: Long Entertainment Company Limited
Registration Number:2296731
AllMyTracks Technology