BAKTRACK TOS

Terms of Service

1. User's Acceptance
1. By using (including visiting) this website, you agree to these Terms of Service (“TOS”), Baktrack's Privacy Notice viewable below, and which are both incorporated herein by reference.  If you do not agree to be bound by these terms, your only remedy is to not use this site or any of its features.
2. Although we may attempt to notify all registered members of any subsequent changes to these agreements, the user is responsible for periodically reviewing the most up-to-date version.
2. Baktrack Session
1. In order to use some features of the website, we must track certain user data. You are solely responsible for the activity during your session.
2. You must notify Baktrack immediately of any breach of security or unauthorized use of our server.
3. You agree to indemnify and hold harmless Baktrack and its administrators, officers, employees, and/or agents from any liability arising from your use or others' use of our server.
3. Permissible Use
1. You agree not to copy and/or distribute any portion of this website without Baktrack's prior written consent.
2. You agree not to alter or modify any part of the website or its functions.
3. You agree not to use Baktrack for any commercial purposes whatsoever, without the prior written consent of Baktrack.
4. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the website in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
5. Baktrack reserves the right to terminate a user's session at anytime for any reason at its sole discretion.
6. Baktrack has developed a mandatory test record to ensure you adjust your device's sound level to minimize distortion or other sound artifacts.  You must know where your default download file will be stored. Once you are satisfied with the test record and press the start button, you alone are responsible for the output.

1. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE BAKTRACK WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BAKTRACK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BAKTRACK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BAKTRACK WEBSITE. BAKTRACK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BAKTRACK WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BAKTRACK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

1. Limitation of Liability

IN NO EVENT SHALL BAKTRACK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BAKTRACK WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BAKTRACK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Baktrack from its facilities in the United States of America. Baktrack makes no representations that its website is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

1. Choice of Law

You agree that Baktrak's website shall be deemed solely based in the state of New York in the United States of America, and you expressly agree to personal jurisdiction of the courts of this state by your use of this website should any claim or controversy arise. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Baktrack's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND BAKTRACK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BAKTRACK WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

BAKTRACK PRIVACY NOTICE

Personal Information

• Using Baktrack We will need certain personally identifying information for you to use our service.
• Your Baktrack Session.. We ask for some personal information at the close of your session, including your email address.
• Usage Information. When you use Baktrack, we may record information about your usage of the site, such as the, the frequency and size of data transfers, and information you display about yourself as well as information you click on in Baktrack (including UI elements, settings).
• Content  from Site.. If you download the Baktrack session output , your copy includes a unique session number. This number will be sent to Baktrack for the sole purpose of sending a back-up copy to the email address given and also for any troubleshooting needed.

Uses

• If you submit personal information to Baktrack, we may use that information to operate, maintain, and improve the features and functionality of Baktrack, and to process any flagging activity or other communication you send to us.
• We do not use your email address or other personal information to send commercial or marketing messages without your consent. We may use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Baktrack changes or for customer service purposes).
• We may use cookies, web beacons, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit Baktrack; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors and pages viewed; and (e) track your usage.

Personal Information

• Usage Information. When you use Baktrack, we may record information about your usage of the site, such as the channels, groups and favorites you subscribe to, which other users you communicate with, the videos you watch, the frequency and size of data transfers, and information you display about yourself as well as information you click on in Baktrack (including UI elements, settings). If you are logged in, we may associate that information with your Baktrack Account. In order to ensure the quality of our service to you, we may place a tag (also called a "web beacon") in HTML-based customer support emails or other communications with you in order to confirm delivery.
• Content Uploaded to Site. Any personal information or other content that you voluntarily disclose online (e.g. comments, your profile page) may be collected and used by others. If you download the Baktrack session, your copy includes a unique application number. This will be used to send your back-up copy as well as to troubleshoot any issues that may arise.

Uses

• If you submit personal information to Baktrack, we may use that information to operate, maintain, and improve the features and functionality of Baktrack, and to process any flagging activity or other communication you send to us.
• We do not use your email address or other personal information to send commercial or marketing messages without your consent. We may use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Baktrack changes or for customer service purposes). You also can choose how often Baktrack sends you email updates in your Baktrack Account settings page.
• We use cookies, web beacons, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit Baktrack; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors and pages viewed; (e) track your entries, submissions, and status in promotions, sweepstakes, and contests; and (f) allow us to retrieve your uploads in the event of a crash.

Information That is Publicly Available

• If an option is available sometime in the future for you to create a Baktrack Account, some information about your Baktrack Account and your account activity may be provided to other users of Baktrack. This may include the date you opened your Baktrack Account, the date you last logged into your Baktrack Account, your age (if you choose to make it public), the country and the number of transactions.
• Your Baktrack Account name, not your email address, would be displayed to other users if you engage in certain optional activities that may become available in the future  on Baktrack, such as when you upload content or send messages through Baktrack. Other users may be able to contact you by leaving a message or comment on the site.
• You may also choose to add personal information sometime in the future which may include your name, gender, profile picture or other details, that will be visible to other users on your. If you choose to add certain features to your Baktrack Account channel page, then these features and your activity associated with these features will be displayed to other users and may be aggregated and shared with your friends or other users.

Baktrack adheres to the US Safe Harbor privacy principles, found here: http://www.export.gov/safeharbor/
For more information about our privacy practices or to voice a concern, please use the comment form or write to:  BAKTRACK c/o MILNER LAW OFFICE, PLLC, 8302A Broadway, Third Floor Suite, Elmhurst, NY  11373.