Terms of Service

This platform is managed by Valtorina Limited (referred to as “we,” “us,” or “our”), and these User Agreements apply to dismalnet.com the entire site and its sub-domains (collectively referred to as the “Site”). It’s important that you read these User Agreements carefully. Your navigation and engagement with this site are regulated by these User Agreements, forming a legally binding agreement between you and us. Additionally, when utilizing specific services or accessing particular content on this site, any additional terms, conditions, and rules that are published will apply, becoming a part of these User Agreements, especially if there is a conflict with them. Your association with us is also regulated by our Privacy Policy, conveniently available on this Site.

Amendments to Terms of Use
We hold the right to modify the conditions outlined in these User Agreements, our Privacy Policy, and any other associated terms, conditions, or guidelines concerning the site, at our discretion and at any time. We’ll inform you of any updates by posting them on the site. It’s your responsibility to frequently check the site and these User Agreements for any amendments. Continuing to use the site after changes have been made signifies your acceptance of the new terms.

Third Party Service Providers
We may collaborate with external service providers to assist in developing and maintaining the platform, to offer specific services available through the site, and to support your account management. You agree that all terms noted in these User Agreements, including disclaimers and liability limitations, also extend to benefit any third-party service providers we engage. References to Valtorina Limited include its representatives and service providers, who are authorized to access your personal information solely for the purpose they were contracted for.

Password and Site Access
You take full responsibility for keeping your online access to this site and your account secure and must implement measures to safeguard your password and other login credentials (collectively known as your “account”). By creating an account with us, you commit to not: (a) adopt or use someone else's identity for the purpose of impersonation; (b) utilize a name that infringes on the rights of other individuals or entities without their permission; (c) adopt an identity deemed inappropriate or offensive at our discretion; or (d) violate any commitment, representation, or warranty you've made in this policy regarding your account. It's imperative that you do not share your password or login credentials with anyone else.

If you suspect any unauthorized use of your password or login credentials, or if you notice unauthorized activities happening on your account, alert us immediately. Always log out completely from your account at the conclusion of each session. You bear responsibility for all actions taken on the site that utilize your password and/or login credentials.

Upon registering on our site, some information about your profile will automatically be visible to all members and visitors. By using our platform, you permit us to display, disclose, and make use of your information and materials as described herein, and you agree to carefully consider your account settings and the information you post on this site. You and anyone associated with your account acknowledge that you will not hold us liable for any claims or damages resulting from interactions with others through this platform.

The features requiring registration are designated for individuals who are at least 18 years old. You also commit to: (a) providing accurate, current, and truthful information about yourself as prompted during registration, and (b) ensuring your account details are updated promptly to reflect true, accurate, and complete information. Should you provide any inaccurate, outdated, or incomplete information, or if we have reasonable grounds to suspect that such information is not true or current, we reserve the right to suspend or terminate your account and restrict all future usage of our site and its services.

Use Of Information
Information and data provided on Tracksino or via the Tracksino API must not be collected, transferred, or altered in any way without explicit permission.

Your Content
Your ability to access and use this site relies on your adherence to these User Agreements. Failing to act appropriately could lead us to revoke your access to any or all portions of this site and enact measures to uphold community standards should violations come to light.

Here’s a general list of unacceptable behaviors on the site. You agree to refrain from:

uploading or transmitting any content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, intrusive to others' privacy (including sensitive information like addresses, emails, phone numbers, etc. without consent), hateful, or otherwise objectionable;
harm minors in any way;
impersonating any individual or organization, including but not limited to our employees, directors, agents, or users, or misrepresenting your relationship with us or any other entity;
forging headers or manipulating identifiers to conceal the origin of any materials shared through the site;
posting or transmitting materials that you lack the right to share under any law or contractual obligations (such as proprietary information from employment or nondisclosure agreements);
uploading, posting, or transmitting any content that infringes on intellectual property rights, such as patents, trademarks, copyrights, or rights of publicity;
sending unsolicited commercial messages or spam. This includes unethical marketing practices, chain letters, or any similar activities linked to spam, such as (a) mass emailing without consent or using a fake sender address, (b) promoting sites with inappropriate links, or (c) flooding public forums with identical posts;
introducing any content that contains malware, viruses, or any other harmful computer code, programs, or files designed to disrupt, damage, or limit the functionality of software, hardware, or telecommunications;
disturbing or disrupting the normal operations of the site, its servers, or networks linked to the site, or ignoring any policies or regulations of those networks;
deliberately or accidentally disobeying any applicable laws, whether local, state, national, or international;
engaging in stalking or harassing behavior toward any individual;
promoting illegal activities, encouraging harm to individuals or groups, or endorsing animal cruelty, including instructions on how to create dangerous devices;
permitting usage by others in a manner that breaches these User Agreements or any other relevant policy;
interfering with any of our security measures in any way;
use the site for fraudulent purposes;
selling, lending, leasing, or transferring rights related to your account or password in any form, particularly through third-party websites or services;
reproducing or copying this site or any part of it;
removing proprietary notices from this site;
authorizing or causing any modifications, derivative works, or translations of this site without our explicit consent;
renting, selling, or providing rights in the site, including sublicensing, to any individual or organization;
attempting to reverse-engineer, decompile, or modify this site, or to circumvent any security measures we have in place for this site or its data;
overstepping the boundaries of the services you've registered for (such as accessing tools that you don't have permission to use).
Site Resources, Services, and Software
This site may offer you access to: (a) various audio and visual materials, including text, images, videos, and other information displayed or made available through the site (collectively referred to as “materials”); and (b) a range of services and features (together referred to as “services”).

We, along with our licensing partners, provide you with a unique, personal, non-transferable license that enables you to (a) access, view, download, print, utilize, and showcase materials; and (b) utilize the software and tools found on our site (collectively referred to as 'software') solely for your private, informational, financial, and non-commercial purposes. Whenever we mention 'the site' in these Terms of Use, it encompasses not only 'software' but also 'materials' and 'services,' unless stated otherwise. All rights that are not explicitly granted to you are preserved by us, and you are prohibited from using the site and any of its components in ways that aren't explicitly allowed in these Terms of Use. The rights we extend to you do not encompass the design or layout of the site, which is safeguarded by trade dress protections and other legal frameworks, and cannot be replicated or mimicked in totality or in part.

The design, text, graphics, along with the selection and organization of these components, are copyrighted and receive protection under international copyright laws and treaty agreements. Unless stated differently, all product and service names along with logos visible on the site are under our trademark rights or those of our affiliates or business associates. You must not: (a) remove or erase any proprietary rights marks or legends present on or in the site; (b) create a 'frame' or 'mirror' of the site on any alternate server or Internet-based device; and/or (c) access, view, download, print, utilize, or display the site for any commercial gain or other profit-oriented objectives; (d) download or replicate account information for the advantage of another individual or organization; (e) apply any data mining tools, robots, or analogous data collecting and extracting tools; or (f) employ any meta tags or 'hidden text' that utilizes our name or trademarks without our explicit written approval. You acknowledge that some components of the site may be licensed from third parties, and the availability of these elements may cease without any prior notice or liability on our part.

Just because a trademark doesn’t appear on this webpage doesn’t imply that we don’t utilize or own that trademark. The use of our trademarks is not permitted without a formal written licensing agreement. You should not use our trademarks or trade dress in a way that could confuse customers, link them to any non-affiliated product or service, or harm our reputation. All other trademarks that are not owned by us but are present on this site are under the ownership of their respective holders, who may or may not have a connection with us.

All rights, titles, and interests, including all intellectual property rights related to the site and its components, are owned by us and/or our licensors. Other than the specific licenses granted to you in this agreement, you do not possess, nor will you obtain, any rights or interests regarding the site or any of its components.

Product Information and Pricing
Tracksino is a free to use application.

User Content
In various sections of the site, users might be permitted to submit different types of materials, which may include information, data, text, software, music, audio clips, photos, graphics, video, messages, products, services, and so forth (individually and collectively, referred to as 'content'). You are solely responsible for all content that you post, upload, transmit, or otherwise provide on or through this site. Therefore, you bear full responsibility for any content shared under your account. We don’t have control over the content shared on this site and do not guarantee its accuracy, completeness, or quality. You represent and warrant that (i) you either own or control all rights to the content you submit; (ii) the content is correct; (iii) the use of the content aligns with these Terms of Use; (iv) the content does not infringe upon any third-party intellectual property or other rights, nor does it contravene any relevant laws or regulations; and (v) the content will not harm any individual or entity.

If any content is found to be unlawful, we will collaborate with the appropriate authorities, which may include providing them with all necessary information. In our sole judgment, if we find any submitted content offensive or inappropriate, we reserve the right to request that you edit or remove such content. Should you disregard our request within the specified timeframe, we may have to suspend your account. Nevertheless, we are under no obligation to monitor or restrict any content.

You might come across content on our site that you do not find appealing or that you disagree with. By using our site, you accept that you may be exposed to material that could be deemed offensive or objectionable. We will not be liable under any circumstances for any content, including any errors or omissions in that content, or for any losses or damages incurred as a result of utilizing content available through our site. You understand that we do not have the duty to pre-screen content but reserve the right to refuse, relocate, or delete any content at our discretion.

You are completely responsible for any utilization or dependency on the content, including its accuracy, completeness, or value. You recognize that we have no obligation to pre-screen any content, but we, along with our designated agents, are entitled to refuse or remove any content available on our site at our discretion. Without limiting our rights, we and our agents can eliminate any content that violates these Terms of Use or any other applicable policy or appears objectionable.

You agree to assess and shoulder all risks tied to the content's usage, including any reliance on its accuracy, completeness, or utility.

We prefer not to receive any confidential or proprietary information from you via our site or through email. Except where a written agreement has been made with one of our authorized employees, any material or information you send to us through any means may be utilized or published by us without any compensation or liability towards you, for any purpose, including but not limited to developing and marketing products. Please note that this does not apply to personal information that is safeguarded by our Privacy Policy.

We do not claim any ownership over the material that you upload or post on our site. It is your responsibility to protect your rights related to that content, and you have no claim to our assistance in safeguarding such content. By uploading or posting content on this site, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable license to use, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display, and create derivative works based on the content (in whole or in part) and to integrate that content into other works, in any format or medium known now or in the future, for any site-related purpose. You allow us and our sub-licensees to utilize your name linked to the content if we wish.

Privacy
We have a policy that addresses these matters. Your engagement with our site is subject to it. Please examine our Privacy Policy to fully grasp how we handle privacy while you are using our site. However, be mindful that any information you share as part of your public profile and any voluntarily posted information on this site is considered public and is not protected by our Privacy Policy.

We reserve the right to scrutinize some, all, or none of the areas on this site to ensure compliance with these Terms of Use. By allowing you to post information on this site, you recognize that we function as a passive conduit for distribution and do not accept any responsibility related to any posts or activities occurring on this site.

Third Party Information
Please be informed that while navigating the site, you may be directed to external sites that are outside of our control. We do not take responsibility for the content of any linked websites or any links embedded within those sites that are owned or managed by third parties. We reserve the right to terminate any link or linking program at our discretion. Links are provided solely for your convenience. We have not endorsed, verified, or validated any information, applications, companies, or products from the linked sites. Should you choose to access any third-party websites linked to this site and/or provide any personal information, you do so at your own risk and in accordance with the terms and conditions of those websites.

We might provide information originating from third parties as part of this site. Unless explicitly indicated, we do not represent, endorse, or guarantee the accuracy, completeness, timeliness, reliability, or appropriateness of any third-party information supplied.

Territory
This site is managed from our office located within Canada. We do not claim that the materials and content on this site are appropriate or lawful for usage outside Canada. Remember that this site may not comply with the regulations of your country.

DISCLAIMER OF WARRANTIES
THIS SITE, INCLUDING ALL PROVIDED MATERIALS, SERVICES, SOFTWARE, INFORMATION, AND OTHER CONTENT ACCESSED ON AND/OR THROUGH THIS SITE, IS OFFERED BY US 'AS IS,' WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY, AND/OR SYSTEM COMPATIBILITY. FURTHERMORE, NO WARRANTIES WILL ARISE FROM ANY COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE.

BY UTILIZING THIS WEBSITE, YOU ACCEPT FULL RESPONSIBILITY FOR ANY RISKS THAT MIGHT ARISE FROM YOUR USE. YOU HEREBY RELEASE US, ALONG WITH OUR THIRD-PARTY INFORMATION PROVIDERS AND SERVICE PARTNERS, FROM ANY AND ALL TYPES OF LIABILITY, CLAIMS, OR DAMAGES THAT MAY RESULT FROM OR BE ASSOCIATED WITH SUCH RISKS.

YOU RECOGNIZE THAT: THE PLATFORM MAY CONTAIN TECHNICAL GLITCHES OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS; IT MAY SOMETIMES BE UNAVAILABLE OR INOPERABLE; THE CONTENT AND/OR SERVICES ON THE SITE COULD BECOME OBSOLETE, AND WE HAVE NO OBLIGATION TO UPDATE THEM. WE DO NOT BEAR ANY RESPONSIBILITY FOR ERRORS OR INACCURACIES IN THE INFORMATION, DOCUMENTS, SOFTWARE, CONTENT, AND/OR SERVICES LINKED TO OUR SITE. MENTIONS OF THIRD PARTIES AND THEIR OFFERINGS ARE PROVIDED “AS IS” WITHOUT ANY KIND OF WARRANTY, EITHER EXPLICIT OR IMPLIED.

LIMITATION OF LIABILITY
WHETHER UNDER A PARTICULAR LEGAL THEME OR ACTION, WE, ALONG WITH OUR LICENSORS AND SERVICE PROVIDERS, WILL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH YOUR USE OF THE SITE, INCLUDING: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF WE WERE AWARE OF THEIR POSSIBLE OCCURRENCE; OR (B) LOSSES SUCH AS LOST PROFITS, REVENUE, DATA, EXPECTED BUSINESS, OR INTERRUPTIONS TO OPERATIONS. ANY CLAIM CONNECTED TO THE SITE MUST BE FILED WITHIN ONE YEAR FROM THE DATE OF THE INCIDENT CAUSING THE CLAIM.

WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY DELAYS OR DISRUPTIONS TO THE SITE, INCLUDING ANY OF ITS PARTS, OR YOUR ABILITY TO ACCESS OR USE IT, WHICH MAY BE DUE TO FACTORS BEYOND OUR CONTROL—LIKE POWER FAILURES, ACCIDENTS, STRIKES, FIRES, WARS, OR NATURAL DISASTERS.

TERMINATION
IF YOU DO NOT COMPREHEND, ACCEPT, OR AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OUTLINED IN THESE TERMS OF USE, THEN YOU SHOULD CEASE USING THE SITE IMMEDIATELY.

We reserve the right to revoke your access to this site at any time, and for any reason, without prior notice. Furthermore, we may alter the site whenever deemed necessary, and by continuing to use it, you agree to such alterations. We also reserve the right, at our absolute discretion, to terminate or limit your access to the site or any portions thereof, restrict the timeframe during which the site is available, or limit its usage. You accept that we can terminate or restrict your access to this site in accordance with these Terms of Use or any other relevant policy without previous notification. Moreover, we may deactivate or remove your account and all associated data immediately. We also retain the right to prevent any additional access to such information or the site. You acknowledge that we are not liable to you or any third party for any termination of your account or access to the site. Conditions that remain effective even after the termination of these Terms of Use include those related to ownership, liability limitations, indemnity, and other necessary clauses.

Governing Law, Severability, and Waiver
To maintain clarity and consistency in how these Terms of Use are interpreted and enforced, they will be solely governed by the laws of Canada, disregarding any conflict of law principles from other jurisdictions. You explicitly agree that any legal actions or disputes related to the site or these Terms of Use, including any conflicts, actions, claims, or reasons for action, will be initiated and managed only in the courts of Canada. You irrevocably consent to the exclusive personal jurisdiction and venue of these courts.

Should any part of these Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, such provisions will be revised to ensure their validity and enforceability, while all other provisions will continue in full effect.

Our inability to enforce any right or provision outlined in these Terms of Use will not be construed as a waiver of that right or provision unless we explicitly confirm this in writing. No lapse by either party in exercising a right or remedy will imply a waiver of any such rights. Further, no waiver of one party’s rights or remedies will affect the other provisions of these Terms of Use.

Indemnity
You agree to indemnify us, along with our parent companies, subsidiaries, affiliates, officers, agents, partners, licensors, and employees from any alleged claims or demands, including reasonable legal fees, made by third parties arising from your content, your use of the site, your connection to the site, your breach of these Terms of Use or any other applicable policy, your infringement of another's rights, or any violation of a representation or warranty you have made under these Terms of Use, whether or not you are a registered user. You acknowledge that you are solely responsible for your actions while utilizing this site, which also includes any costs related to internet access.

Complaints and Violations
If you have any grievances or wish to report a breach of these Terms of Use, please get in touch with us.