Locatik

1. Your relationship with Locatik

1.1 Your use of Locatik’s products, Software, Services and web sites (referred to collectively as the "Services") is subject to the Terms of a legal agreement between you and Locatik. “Locatik” means Psiloc sp. z o.o., whose principal place of business is at Aleje Jerozolimskie 94, 00-807 Warsaw, Poland. This document explains how the agreement is made up, and sets out some of the Terms of that agreement.
1.2 Unless otherwise agreed in writing with Locatik, your agreement with Locatik will always include, at a minimum, the Terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 The Universal Terms, form a legally binding agreement between you and Locatik in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

2. Accepting the Terms

2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by Locatik during the registration phase; or

(B) by actually using the Services. In this case, you understand and agree that Locatik will treat your use of the Services as acceptance of the Terms from that point onwards.

3. Provision of the Services by Locatik

3.1 Locatik is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Locatik provides may change from time to time without prior notice to you.
3.2 As part of this continuing innovation, you acknowledge and agree that Locatik may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Locatik’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Locatik when you stop using the Services.
3.3 You acknowledge and agree that if Locatik disables access to your account, you may be prevented from accessing the Services, your account details or other content which is contained in your account.

4. Use of the Services by you

4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Locatik will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Locatik, unless you have been specifically allowed to do so in a separate agreement with Locatik.
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate agreement with Locatik, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that Locatik has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Locatik may suffer) of any such breach.

5. Your passwords, account and e-mail security

5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to Locatik for all activities that occur under your account.
5.3 Depending on what you do when you visit Locatik.com web site, you may be providing information about your visit to the site's owners. This includes your e-mail address. We know you value your privacy, so we want you to have the information you need to make your own decisions about your personal privacy. When you visit or supply information to our web site, we think it's a good idea for you to first understand what that site's privacy policies are. At www.Locatik.com and its related sites, we use the information that we get from your visit for internal tracking purposes, to make Locatik.com as useful and interesting to you as we can, and to respond to your requests for information or other services.
Locatik.com will never sell your private information to ANY third party. Locatik.com will, however, comply with all requests for information from law enforcement agencies, subpoenas, court orders, or similar requests or orders.

6. Proprietary rights

6.1 You acknowledge and agree that Locatik (or Locatik’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Locatik and that you shall not disclose such information without Locatik’s prior written consent.
6.2 Unless you have agreed otherwise in writing with Locatik, nothing in the Terms gives you a right to use any of Locatik’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
6.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
6.4 Unless you have been expressly authorised to do so in writing by Locatik, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

7. Licence from Locatik

7.1 Locatik gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Software provided to you by Locatik as part of the Services as provided to you by Locatik (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Locatik, in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Locatik, in writing.
7.3 Unless Locatik has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

8. Software updates

8.1 The Software which you use may automatically download and install updates from time to time from Locatik. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit Locatik to deliver these to you) as part of your use of the Services.

9. Exclusion of Warranties

9.1 The Services are provided "as is" and Locatik, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.
9.2 In particular, Locatik, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:

(A) your use of the Services will meet your requirements,

(B) your use of the Services will be uninterrupted, timely, secure or free from error,

(C) any information obtained by you as a result of your use of the Services will be accurate or reliable, and

(D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
9.3 No conditions, warranties or other Terms (including any implied Terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
9.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

10. Limitation of Liability

10.1 Nothing in these Terms shall exclude or limit Locatik’s liability for losses which may not be lawfully excluded or limited by applicable law.
10.2 Subject to overall provision in paragraph 10.1 above, Locatik, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:

(A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;

(B) any loss or damage which may be incurred by you as a result of:

(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;

(ii) any changes which Locatik may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);

(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;

(iii) your failure to provide Locatik with accurate account information;

(iv) your failure to keep your password or account details secure and confidential;
10.3 The limitations on Locatik’s liability to you in paragraph 10.2 above shall apply whether or not Locatik has been advised of or should have been aware of the possibility of any such losses arising.

11. Changes to the Terms

11.1 Locatik may make changes to the Universal Terms from time to time. When these changes are made, Locatik will make a new copy of the Universal Terms available to you from within, or through, the affected Services.
11.2 You understand and agree that if you use the Services after the date on which the Universal Terms have changed, Locatik will treat your use as acceptance of the updated Universal Terms.

12. General legal Terms

12.1 The Terms constitute the whole legal agreement between you and Locatik and govern your use of the Services (but excluding any Services which Locatik may provide to you under a separate written agreement), and completely replace any prior agreements between you and Locatik in relation to the Services.
12.2 You agree that Locatik may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
12.3 You agree that if Locatik does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Locatik has the benefit of under any applicable law), this will not be taken to be a formal waiver of Locatik’s rights and that those rights or remedies will still be available to Locatik.
12.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

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