PlaceTrack: Terms of Service & Privacy Policy

By using the service, you acknowledge and agree to these Terms of Service, and PlaceTrack's Privacy Policy, which can be found at http://placetrack.me/legal/#Privacy, and which are incorporated herein by reference.
If you choose to not agree with any of these terms, you may not use the Service.

The service
These Terms of Service apply to all users of the PlaceTrack Service.
By using the Service, you expressly acknowledge and agree that PlaceTrack shall not be responsible for any damages, claims or other liability arising from or related to your use of the service.

Charges
Currently there are no fees associated with using the core PlaceTrack service. However, we reserve the right to introduce charges or fees for such a service in the future.

Location Data Submissions
The Service is provided to you AS IS for your information and personal use only.

The PlaceTrack Service allows PlaceTrack users to automatically submit location data. This location data may be hosted, shared, and/or published as part of the PlaceTrack Service. Location history and location updates may only be viewable by those PlaceTrack user(s) you directly added as a PlaceTrack contact or by the whole internet, according to the sharing preferences you set up using the Service.

PlaceTrack reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of location data of third parties obtained through the Service for any commercial purposes.

You shall be solely responsible for your own location data submission and the consequences of posting, sharing or publishing them. PlaceTrack is only acting as a repository of data.

PlaceTrack Access
A. Subject to your compliance with these Terms of Service, PlaceTrack hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without the author’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide PlaceTrack with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, PlaceTrack may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to PlaceTrack to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect addresses or email addresses, just mobile phone numbers. You must notify PlaceTrack immediately of any breach of security or unauthorized use of your mobile phone. Although PlaceTrack will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PlaceTrack or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more data to the PlaceTrack servers in a given period of time than a human can reasonably produce in the same period by using a PlaceTrack application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, PlaceTrack grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. PlaceTrack reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by PlaceTrack clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PLACETRACK SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PLACETRACK AND ITS AUTHOR DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. PLACETRACK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT 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 SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN 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 PLACETRACK SERVICE. AND AGAIN, USE THIS JUST FOR FUN.

Limitation of Liability
IN NO EVENT SHALL PLACETRACK OR ITS AUTHOR 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 SERVICE, (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 SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (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 PLACETRACK CLIENT, 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, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PLACETRACK SHALL NOT BE LIABLE FOR USER LOCATION DATA SUBMISSIONS AND THAT THE RISK OF HARM OR DAMAGE FROM THEM RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by the author from Italy using his facilities in Europe and in the United States of America. The author makes no representations that the PlaceTrack Service is appropriate or available for use in other locations. Those who access or use the PlaceTrack Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity
You agree to defend, indemnify and hold harmless PlaceTrack and its author from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the PlaceTrack Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Location Data Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the PlaceTrack Service.

Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the PlaceTrack Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the PlaceTrack Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PlaceTrack without restriction. PlaceTrack reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the PlaceTrack Service. Your continued use of the PlaceTrack Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND PLACETRACK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLACETRACK SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


PRIVACY POLICY

This Privacy Policy is incorporated into and is subject to the PlaceTrack Terms of Service. Your use of the PlaceTrack Site, PlaceTrack Software and the PlaceTrack Service and any personal information you provide on the PlaceTrack Site or PlaceTrack Service remains subject to the terms of this Privacy Policy and our Terms of Service.
This Privacy Policy is part of PlaceTrack’s Terms of Service and covers the treatment of user information, including personally identifying information, obtained by PlaceTrack, including information obtained when you access the PlaceTrack’s Site, use the PlaceTrack Service or any other software provided by PlaceTrack.
This Privacy Policy does not apply to the practices of companies that PlaceTrack does not own or control, or to individuals whom PlaceTrack does not employ or manage, including any of the third parties to which PlaceTrack may disclose user information as set forth in this Privacy Policy.

The Information PlaceTrack Does Not Collect
PlaceTrack does not collect emails, addresses or other contact information from its users’ mobile address book or contact lists other than mobile phone numbers along with your personal name and thumbnail image you associated with your phone number in your address book. Your name, when available, may be used to replace your phone number when sending push notification to your contacts; your thumbnail image can be optionally displayed on your contacts' device (this depends on your privacy settings and by default it is not shared). When a contact detail is not available, the PlaceTrack mobile application will associate whatever name the PlaceTrack user has assigned to the mobile telephone number in his/her mobile address book or contact list; this occurs dynamically on the mobile device itself and not on PlaceTrack’s servers and is not transmitted to PlaceTrack. PlaceTrack users may voluntarily share their location with other users via the PlaceTrack Passive Location Service. Live location data and location history are stored on the PlaceTrack servers and can be shared with contacts you choose through the mobile app. It can also be shared through unique web urls generated using the app: if you choose to do so, it is up to you to keep this urls confidential. You can remove all your data, including phone number and location history, using the app settings.
If you submit Personally Identifiable Information to us through the PlaceTrack Site, or PlaceTrack Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the PlaceTrack Site and PlaceTrack Service. In particular, your mobile phone number is essential to your use of the PlaceTrack Service and will be retained.
We DO NOT use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages. We may, however, use your mobile phone number without further consent for non-marketing or administrative purposes (such as notifying you of major PlaceTrack Site or PlaceTrack Service changes or for customer service purposes).
We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the PlaceTrack Service. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. PlaceTrack also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that PlaceTrack believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the PlaceTrack Site or our servers, and to protect the rights, property, or personal safety of PlaceTrack, our users or others.
You may, of course, decline to submit Personally Identifiable Information through the PlaceTrack Site or the PlaceTrack Service, in which case PlaceTrack may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the PlaceTrack mobile application and discontinue use of the PlaceTrack Service; your continued usage of the PlaceTrack Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps (such as SMS authentication) to verify your identity before registering your mobile phone number and granting you access to the PlaceTrack Service. Please contact PlaceTrack via the available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices

Data Security
PlaceTrack uses technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to PlaceTrack and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit location updates through the PlaceTrack Service is never recommended. Once we receive your transmission of information, PlaceTrack makes reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our technical safeguards. If PlaceTrack learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. PlaceTrack may post a notice on the PlaceTrack Site or through the PlaceTrack Service if a security breach occurs.

Childrens' Privacy
PlaceTrack does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the PlaceTrack Site or PlaceTrack Service from persons under 18 years of age, and no part of the PlaceTrack Service is directed to or intended to be used by persons under 18. If you are under 18 years of age, then please do not use the PlaceTrack Service or access the PlaceTrack Site at any time or in any manner. If PlaceTrack learns that Personally Identifiable Information of persons under 18 years of age has been collected on the PlaceTrack Site or PlaceTrack Service, then PlaceTrack may deactivate the account and/or make the location data submissions inaccessible.

In the Event of Merger, Sale, or Bankruptcy
In the event that PlaceTrack is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Changes and updates to this Privacy Notice
This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the PlaceTrack Site and PlaceTrack Service constitutes your agreement to this Privacy Policy and any amendments.