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Terms of Service
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Amended as of February 1, 2014
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By accessing the iTrackFast application ("Service") or website ("Site") offered by AllFocus ("Service Provider", "We", "Us", "Our"), you ("Member", "User", "Customer") agree and acknowledge to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms or to our Privacy Policy, please do not access the Site or use the Service. AllFocus reserves the right to change these Terms at any time. Please periodically check this Site for changes.
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DESCRIPTION OF SERVICES
AllFocus provides the User an online storage facility for his files up to a 10-MB free space, supports over-the-air file transfer as requested by the User, and facilitates browsing with search and push notification on the smartphone devices.
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USER ACCOUNTS
A Member account with iTunes is required to access the Service on iPhone, iPod Touch or iPad devices. AllFocus will not store your iTunes account password. You are solely responsible for all activities, which occur through the use of the iTune password.
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ACCOUNT INFORMATION AND DATA
AllFocus does not own any data, information or material that you submit/transfer/download through the Service or store in your account ("Data"). AllFocus will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior consent except when required by law enforcement officials to do so and in accordance with our Privacy Policy. AllFocus may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not AllFocus or associated companies, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and AllFocus shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.
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USAGE LICENSE
AllFocus grants you a limited license to access the Site and use the Service in accordance with these Terms and the instructions and guidelines posted on the Site. AllFocus reserves the right to terminate your license to use the Site and Service at any time and for any valid reason. This limited user license is the grant of a personal, non-commercial license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.
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USER RESPONSIBILITY
You are solely responsible for your use of the Site and Service. Because AllFocus merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of AllFocus, and AllFocus makes no claim of accuracy of any user-posted material. AllFocus allows for the posting of user comments, content, photos and ratings. The inclusion of user comments and/or content on the Site or Service does not imply any endorsement by or any affiliation with AllFocus. In accessing the Site and Service, reading user comments or viewing user photos you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Service.
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RESPONSIBILITY FOR YOUR CONTENT
You alone are responsible for your uploaded content. You assume all risks associated with your content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your content as described herein. You may not imply that your content is in any way sponsored or endorsed by AllFocus.
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You may expose yourself to liability if, for example, your content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
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THIRD PARTY INTERACTION AND LINKS
In your use of the Service, you may enter into correspondence with, purchase/download goods and/or services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. AllFocus, nor associated companies, shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
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AllFocus does not endorse any services on the Internet that are linked through the Service. AllFocus is providing access and links to you as part of the services only as a matter of convenience, and in no event shall AllFocus be responsible for any content, products, or other materials on or available from these links. AllFocus in particular does not warrant publicly or privately shared files and the User is responsible entirely for their content and we strongly advise to subject downloaded files to local virus and other scanning to ensure their safe use.
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CANCELLATION AND TERMINATION
AllFocus may terminate your account and/or use of the Service and remove and discard any Data within the Service if you fail to comply with this Terms. You may terminate your account upon notice to AllFocus at any time. Upon termination of an account, your right to use such account and the Service immediately ceases. AllFocus will not be obliged to maintain any Data stored in your account or to forward any Data to you or any third party.
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AllFocus, at its sole discretion, may terminate your account if it determines that your account is using excessive bandwidth and/or system/network resources. In such event, AllFocus will notify you of its decision but will not be liable for showing proof of bandwidth usage since it is proprietary information.
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INTELLECTUAL PROPERTY (TRADEMARKS & COPYRIGHTS)
iTrackFast, the iTrackFast logo, the iTrackFast design, AllFocus logo, and MobileLiving are intellectual property of AllFocus, and may not be used without express written permission from AllFocus, other than for attribution. All other trademarks not owned by AllFocus that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AllFocus. AllFocus-originated content included on the Site, such as text, graphics, logos, data compilations, software and the compilation of all content on the Site, is the property of AllFocus and its licensors and protected by international copyright laws. Except as set out in these Terms, no reproduction of any AllFocus-originated content is permitted without written permission from AllFocus. User-posted content is copyrighted, and any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.
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NO WARRANTY AND LIMITATION OF LIABILITY
ALLFOCUS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, SECURITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT.
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THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ALLFOCUS.
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BY USING THE SERVICE, YOU RELEASE ALLFOCUS AND ITS SUBSIDIARIES, PARENTS, LICENSORS, AGENTS, MEMBERS, AFFILIATES, SERVICE PROVIDERS, OFFICERS, CO-BRANCHES OR OTHER PARTNERS, DIRECTORS, AND EMPLOYEES FROM ANY AND ALL LIABILITY REGARDING THE SERVICE. IN NO EVENT SHALL ALLFOCUS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF ALLFOCUS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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OTHER
No joint venture, partnership, employment, or agency relationship exists between you and AllFocus as a result of this agreement or use of the Service. The failure of AllFocus to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AllFocus in writing.
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CONTACT US
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If you have any questions regarding this terms of service, please sent an email to itrackfast(at)gmail(dot)com.
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© 2010-2014, AllFocus, Inc. All Rights Reserved.
iTrackFast is a trademark of AllFocus. All other logos and trademarks are properties of their respective owners.
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