TRACE TV TERMS AND CONDITIONS

These terms of use are a legally binding agreement between Trace UK World Limited aka Trace TV ("Trace," "Us" or "We") and you concerning the service; (2) Website located at www.trace.company associated with the site ("SITE"); AND (3) interactive features or downloads that are made available through or interact with the Service of Site ("FEATURES").

BY USING THE SERVICES, SITE, AND FEATURES YOU ARE UNCONDITIONALLY AGREEING TO THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SERVICES OR THE SITE.

Please note that throughout these Terms of Use, you will see capitalized words or phrases. These capitalized words and phrases are defined terms. The defined terms are first set off from the other text in parentheses. Their definitions are found either in these Terms of Use or in our Privacy Policy, found here: here

  1. About Us
    1. Thank you for your interest in Trace TV, the music television channel which broadcasts music videos, programs and content alongside text messages and photographs submitted by viewers. These terms and conditions (“Terms”) available on the website www.trace.company (the “Site”), together with our privacy policy, set out the rules that apply to you when using the services offered on Trace TV (the “Services”) and when visiting the Site.
    2. Trace UK World Limited is incorporated in England and Wales (registered number 07589222) with registered address at 36-38 Westbourne Grove, Newton Road, London, Greater London, W2 5SH (“we”, “us” or “our”).
    3. If you would like to contact us for any reason other than as specified elsewhere in these Terms please do so using the following details: 

      Address:
      TRACE UK WORLD LIMITED 36-38 Westbourne Grove Newton Road, London Greater London W2 5SH Email: info@trace.tv
  2. Using Trace TV Services
    1. To use the Services, you must be a resident of the United Kingdom and aged 16 or over;
    2. You must be a subscriber to the Service through Trace or an authorized Service provider ("Distributor") and have activated your subscription to the Service ("Subscription") with the Distributor; and
    3. You must establish a registered profile with Trace tied to the Service (your profile together with your Subscription will establish your user account ("User Account"). You may only open a User Account for yourself, and not for any other person. You are responsible for all activity occurring under your User Account and for maintaining the confidentiality of your User Account information. You are responsible for all activity occurring under your User Account, including maintaining the confidentiality of each username and password. You agree that you will: (a) immediately notify Trace of any unauthorized use of your User Account; and (b) not allow any third party to use your User Account. Trace will have no liability for any loss or damage arising from use or misuse of your User Account or your failure to comply with these requirements. Trace, its affiliates and its third party licensors cannot and will not be liable for any loss or damage arising from any failure on the part of any person to comply with these obligations. The Service, Site and/or Features may provide you with the opportunity to connect and/or link your User Account to certain third party social media sites ("Social Media Sites"). If you choose to connect or link your User Account to any Social Media Site via the Service, Site or Features you consent to the release of information about you to others, including to the Social Media Site(s). If you do not want information about you to be shared in this manner, do not connect or link your User Account to any Social Media Site(s).
    4. In certain instances, Trace may allow you to use and access certain Service, Site, Features, and Content (e.g. "Free" Content) without requiring that you meet all of the Access Requirements set forth above. Regardless of whether you meet all of the Access Requirements set forth above, by using and accessing any Service, Site, Features and Content, you are unconditionally agreeing to these Terms of Use.
    5. Anything that you may need to be able to access the Services and Site, such as a television, mobile phone, computers or internet access, is your responsibility and we don’t have to provide any of this equipment for you. You are also responsible for ensuring that no person uses your equipment to access the Services or the Site without your permission. We will be entitled to assume that anyone who accesses the Services or Site using your equipment has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons while using your equipment.
    6. You must not attack the Services or Site with any nasty viruses or other things that might be harmful to the Services or Site or any of our users. Any hackers or other trouble makers may be reported to law enforcement authorities.
    7. You must have the permission of the person who pays your mobile phone bill before using any of the Services. Charges will be deducted from the bill payer’s available credit if they are a pay-as-you-go customer or will appear on their monthly statement if they are a contract customer.
    8. Sending Messages and Photos: You can send text messages and photo messages to be shown on Trace TV to 71000. Sending a text message will cost £1. Sending a photo message will cost £1 plus one standard network text. Photos featuring under 16’s, as determined by Trace, will be rejected after 7pm and you might still be charged.
    9. Requesting a music video: To request the playing of a music video on Trace TV, send a text message to 71000 containing the individual track number as listed on screen in the scrolling banner. You can request as many tracks as you like but you can only request one track per text message. If you send a request that does not match a valid track number then you may still be charged. Sending a text message will cost £1.We play tracks from our track list in order of requests received. If there is a gap in requests we will select a track to play. To avoid tracks being played too repetitively, we will not play the same track within 15 minutes of its previous play. If the track you have requested has been played within 15 minutes of receiving your request, your request will be placed in a queue and will not be played until after the end of the 15 minutes period. If there are no other requested tracks in the queue, we will select other tracks until the end of the 15 minutes period.
    10. All messages which are received by us and which comply with these Terms will be shown on Trace TV on a “first received, first shown” basis. If your text message or photo message does not appear on Trace TV due to our error, you may be entitled to a refund for that message. To claim your refund, please contact us using the contact details specified in section 1.3 above.
    11. By sending a text message or photo message, you confirm that we can show your message or play your requested track on Trace TV before the end of the statutory 14 day cancellation period and acknowledge that your cancellation rights are lost once we have fully performed our services.
  3. Grant of Rights; Restrictions
    1. Trace hereby grants you a limited, non-exclusive, non-transferable license to access, use and privately display or exhibit the Service, Site, Content (as defined below) and Features, solely within the Service Area, in accordance with the Terms of Use. Trace grants you this limited license for your personal use only, and not for any commercial purpose. The use of the Service, Site, Content or Features for commercial purposes is unauthorized and may constitute infringement. This license does not include any rights to: (1) sell, resell, lend, lease, rent or otherwise commercially use the Service, Site, Content or Features or any other material or information contained therein; (2) collect or use any information, data, listings, or descriptions for any reason; (3) create derivative works from the Service, Site, Features or Content or any other materials or information contained therein; (4) download or copy User Account information of any third party; (5) use data mining, robots, or other data gathering and extraction tools; (6) distribute, transfer, or post any Content on any third party website, online service or other media; (7) modify, adapt, create derivative works from or translate any part of the Service, Site, Content or Features; (8) reverse engineer, decompile or disassemble the Service, Site, Content or Features, or otherwise attempt to obtain access to the Trace IP (as defined below in paragraph 9; (9) remove or alter any copyright, trademark or other proprietary notice contained in the Service, Site, Content or Features.
    2. Except as provided herein, you may not frame or utilize framing techniques to use, surround or enclose the Service names, Content or Features or any trademarks, service marks, logo, or other proprietary information (including: images, text, page layout, or form) of Trace and/or its affiliates or subsidiaries or Content providers without Trace’s express written consent. You may not use any meta-tags or any other "hidden text" utilizing the name of the Service, Site, Content, Features, Trace and/or its affiliates, subsidiaries or Content providers, or any trade names or trademarks or other copyrighted materials relating thereto, without the express written consent of Trace.
    3. Trace may control the maximum number of simultaneous streams per User Account (across all Content on the Service) regardless of the number of devices on which the Service is available. Trace may change the maximum number of simultaneous streams and/or registered devices per User Account that you may use at any time, in its sole discretion.
  4. Your Messages and Photos
    1. As between you and us you will own any content or material (“Your Content”) you submit when using the Services. You agree that we have the right to copy, distribute, adapt and use Your Content for any purpose or otherwise make it available to the public and that these rights will last forever and apply anywhere in the world.
    2. You must not submit any content:
      1. that is confidential, untrue and hurtful, obscene, offensive, racist, indecent, threatening or is otherwise unlawful or objectionable, including content which includes swearing or nudity;
      2. that you do not own or do not have the permission of the owner or any other relevant person who may have rights in or connected to the content you are uploading;
      3. that includes any personal information about you or other people; or
      4. that by appearing on Trace TV would infringe the intellectual property rights or any other rights of another person.
    3. The views expressed by other users on Trace TV do not represent our views or values. You are responsible for Your Content so please be sensible about what you post.
    4. You also agree that we can disclose your identity to any third party who is claiming that any content submitted by you using the Services violates their intellectual property rights, their right to privacy, or any other legal rights.
  5. Moderation, notice and takedown procedures
    1. We may moderate Your Content before it is shown on Trace TV although we do not have to do this and you are still responsible for ensuring you do not submit any unsuitable content.
    2. If you become aware that other users of the Services have posted content which is inaccurate, inappropriate, offensive or does not comply with any of the provisions of the Terms or you want to have Your Content removed from Trace TV at any time, please notify us by contacting us at info@trace.tv
    3. We may remove Your Content from Trace TV or refuse to show Your Content at any time and without notifying you if in our reasonable discretion Your Content breaches these Terms.
    4. For the avoidance of doubt any decision we make in connection with the removal of any content from Trace TV is final and we do not owe you any obligations in relation to our decisions about removing content. Note that you may still be charged for any fees in connection with such content which you submit.
  6. Competitions
    1. We may run competitions on Trace TV from time to time. All competitions that we run on Trace TV will be subject to some specific additional rules that will be made available as specified on Trace TV (“Competition Rules”). The Competition Rules will automatically become a part of these Terms.
    2. Unless the Competition Rules say otherwise the following rules will also apply to all competitions:
      1. entry to a competition will be by text or photo message. Sending a text message will cost £1. Sending a photo message will cost £1 plus one standard network text;
      2. multiple entries will not be permitted, and in any event you must not use any computer software to submit multiple entries or enter an unreasonable amount of entries;
      3. we don’t accept responsibility for any late or inaccurate entries;
      4. you agree that we can use anything you send to us as part of a competition in order to administer the competition including making copies of your entry (including any photos or videos) or editing it as we think may be necessary, publishing it or otherwise making it available on Trace TV or the Site or in other media including on our other TV channels or in any advertising or marketing material and that this right lasts forever and applies anywhere in the world;
      5. you agree that you won’t send us anything as part of a competition that you don’t own, or that you don’t have the right to send to us, or that may be unlawful, or that anyone might find offensive;
      6. if the competition has any specific eligibility requirements, e.g. UK residents only, we may ask you to provide proof that you meet the eligibility requirements;
      7. winners of a competition will be judged by a panel of judges. The decision of the judges (acting reasonably) will be final;
      8. all prizes are subject to availability and we may replace any prize with another product of similar or equivalent value;
      9. we will not be responsible for any prizes provided by third parties which are defective in any way; and
      10. if we can’t contact the winner, or the winner isn’t available for some other reason to receive the prize within a reasonable time, or if the winner does not meet any eligibility requirements or cannot provide adequate proof that they do, then we can give the prize to someone else.
  7. Intellectual property rights
    1. As between you and Trace, the Service, Site, Content and Features are owned by Trace and/or its licensors and content and technology providers, and are protected by applicable domestic and international copyright laws. As used herein, "Content" means: (1) any and all motion pictures, images, animations, artwork, copy or information; and (2) any and all other human readable audio and/or visual elements, regardless of the form or format, accessible via the Service, Site or Features. Any and all underlying patentable or copyrightable elements (or elements protectable as trade secrets or otherwise under intellectual property laws) related to the Service, Site, Content and/or Features, including without limitation, source code, script, object code, software, protocols, algorithms, computer programs, data and other sets of statements and instructions contained in the Service, Site, Content and/or Features will be considered the property of Trace ("Trace IP"). For the avoidance of doubt, we are the owner or the licensee of all intellectual property rights in the Services and the Site and in any content or material available on them.
    2. You must not use any content from the Site or Services for commercial purposes without our permission.
    3. If you copy or use any part of the Site or Services or the content made available through them in breach of the Terms, you will no longer have permission to use the Services and, in addition to any other rights we may have, we can require you to return or destroy any copies of the materials you have made.
    4. Trace and all related registered and unregistered trademarks and service marks ("Trace Marks") are the property of Trace. Certain characters, logos, names and images incorporated by Trace on the Service, Site, Content and Features are also protected as registered or unregistered trademarks, trade names and/or service marks and are the property of their respective owners. The Trace Marks may not be used without the express written permission of Trace.
  8. Parental Controls; Content
    1. Parental controls ("Parental Controls") for the Service may be accessed in one of the two following ways: (a) if your Distributor passes through your Parental Control settings as part of the authentication process for the Service, Parental Controls and any modifications thereto may be managed via your Distributor; or (b) you will be able to establish Parental Control settings during the User Account creation process or by accessing your User Account. Parental Controls allow you to set a maximum movie rating and television rating for the User Account. Please note that changes made to Parental Controls may not take effect immediately, and during some periods there could be a delay before your new settings become effective.
    2. If you access any adult or mature content on the Service, you acknowledge and agree that you may be exposed to visual images and sounds that depict nudity and sexual activity or are otherwise sexual, erotic or graphic in nature and may include violence and adult language. You agree to the following, irrespective of whether or not the Service include Parental Control functions, and irrespective of the extent to which you use such Parental Control functions: (1) it is your responsibility to determine which Content meets your standards; and (2) under no circumstances will Trace or its Content providers be liable in any way for any Content that you have access to during use of the Service, including, without limitation, any errors or omissions in any Content, quality of the Content, availability of the Content, the subject matter of the Content or any loss or damage of any kind incurred as a result of your use of the Content; and (3) you acknowledge and agree that any adult-oriented material you access is being retrieved from a location where it does not violate any federal, state, or local obscenity law or community standard, and agree to bear the full, complete, and sole responsibility for bringing such material into whatever community you choose to do so.
    3. It is your responsibility to review and monitor the access restrictions associated with each piece of Content available via the Service, and Trace and its Distributors accept no liability for any access restrictions or the expiration of any availability windows. Trace reserves the right, in its sole discretion, to disable access to any Content at any time and makes no warranties that the access restrictions specified for each piece of Content will always be complete, current, or accurate.
  9. Data protection and privacy
    1. Any personal information that we collect from you as you use the Services, including as a result of any competitions that you enter using the Services, will be used in accordance with our privacy policy. To find out more about the data we collect from you and how we use it please read our privacy policy available here. By accepting these Terms you are also consenting to our use of your personal data in accordance with our Privacy Policy.
  10. Links to and from the Site and Services
    1. You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor establish a link to the Site in any website that is not owned by you.
    2. You agree that we can withdraw linking permission to the Site at any time and we do not have to tell you about this before we do so.
    3. Our Site and our Services may also contain or refer to links to other websites and resources provided by third parties. We have no control over the content of those websites or resources and we are not responsible or liable for them in anyway. In addition, use of any third party websites and resources may be subject to you accepting additional terms and conditions, which we suggest you read carefully before proceeding. Access to the Service through any third party service is subject to the rules, policies and guidelines of such third party service.
    4. The Service, Site, Content and Features contain or may contain links to other internet sites, including without limitation Social Media Sites. Trace does not verify, warrant, endorse or take responsibility for the availability, accuracy, completeness, quality, practices or policies of such sites or content available from such sites.
    5. Trace does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites.
  11. Termination; Suspension
    1. You may terminate your use of the Service, Site and Features at any time. Your right to use the Service, Site, Content and Features will automatically terminate if you fail to comply with any provision of the Terms of Use and Trace and its Distributors, each reserve the right to cancel, terminate or restrict your access to the Service, Site, Content and Features, or any portion thereof, at any time, without notification, for any or no reason whatsoever. In the event of termination you are responsible for all Subscription Fees and any applicable tax and service fees incurred prior to the effective date of termination.
  12. Customer Service
    1. Service; Site and Features: If you need assistance with the Service, Site, Content or Features and are unable to resolve your question via the Help feature of the Service, please contact us at info@trace.tv
    2. Subscription Fee and Payment Method: For questions related to your Subscription Fee, Payment Method or other matters relating to billing, please contact your Distributor or if you subscribed directly you can email us at info@trace.tv
  13. Submissions
    1. Trace is pleased to hear from its customers and welcomes your comments regarding our products and services. These comments should only be submitted to one of the mailboxes available to users of the Service and Site provided from time to time for that purpose. All remarks, suggestions, ideas, graphics, or other information communicated to Trace through the Service and/or Site (each, a "Submission") will forever be the property of Trace. Trace will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities between your Submission and any future Trace products, services or operations. Without limitation, Trace will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, everywhere. Trace will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Trace, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You acknowledge and agree that neither Trace nor any of its licensees, successors or assigns has now, or will have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your Submission, and that Trace and its licensees, successors or assigns are not responsible for the loss, deletion, failure to store, or misdelivery of any feedback submitted.
    2. Trace generally does not pre-screen, verify or edit your Submissions. However, Trace and its agents reserve the right to investigate any violation of the Terms of Use and to take appropriate remedial action. Trace has absolute discretion to enforce the Terms of Use, including, but not limited to warning users of violations, disabling or suspending access, deleting, screening or editing any Submission, or prohibiting any behavior that does not comply with the Terms of Use. You are entirely responsible and liable for all activities conducted by you and any user of your User Account, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material to any portion of the Service, Site or Features.
  14. Confidential and Proprietary Information

    You agree not to try to access and not to access any information through the Service, Site or Features that does not pertain to you and which you are not properly authorized to receive. You agree that if you should access information about another individual or entity, or otherwise receive information you are not authorized to receive, or if you become aware that someone else has accessed or attempted to access information that person was not authorized to receive, you will immediately cease such unauthorized access, notify Trace of the unauthorized access, and reasonably assist Trace in identifying and correcting the circumstances that permitted such unauthorized access. You will keep confidential all information you receive concerning another individual or entity, will not use such information, will return such information to Trace immediately, will not transmit it to any other person or entity and will not reproduce or distribute it in any electronic or other form.

  15. Representations and Warranties.

    By accessing or using the Service, Site or Features you represent and warrant that: (a) you are a resident of the Service Area; (b) that you are a subscriber in good standing through Trace or a Distributor of the Service; (c) that you have legal capacity to enter into this agreement (i.e., that you are at least sixteen (16) years old or of sufficient age to be considered an adult in your state of residence and possess sufficient mental capacity and are otherwise entitled to be legally bound in contract); (d) the information you provide during registration for a User Account, and any other communications with Trace and/or in connection with the Service for any reason, is true, correct, complete, and current and you agree to update such information as necessary so that it remains current, accurate, and complete; and (e) you have read and agree to abide and be bound by these Terms of Use.

  16. Assignment

    You may not assign your rights and obligations under the Terms of Use for any reason. Trace may assign its rights and obligations under the Terms of Use at any time. 

  17. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, SITE, CONTENT AND FEATURES IS AT YOUR SOLE RISK. NEITHER TRACE, ITS DISTRIBUTORS, PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICE, SITE, CONTENT AND/OR FEATURES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, SITE, CONTENT OR FEATURES, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SERVICE, SITE, CONTENT OR FEATURES. THE SERVICE, SITE, CONTENT AND FEATURES, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL ELEMENTS OF ANY SOFTWARE RELATED THERETO ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY TRACE, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; AND YOU WILL NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE ABOVE EXCLUSION OF IMPLIED WARRANTIES WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

  18. LIMITATION OF LIABILITY

    UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL TRACE, ITS DISTRIBUTORS, PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE, SITE, CONTENT OR FEATURES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, SITE, CONTENT OR FEATURES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO AN EVENT OF FORCE MAJEURE. THE ABOVE LIMITATIONS OF LIABLITY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ASSUME THE RISK IN USING THE SERVICE, SITE AND/OR FEATURES AS WELL AS RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

  19. Indemnification

    You agree to indemnify and hold harmless Trace, its parents, subsidiaries, affiliates, partners, agents, and licensors and each of their respective officers, directors, shareholders and employees against and from any and all liabilities, claims, costs, damages, reasonable settlements and expenses (including without limitation reasonable attorneys’ fees and court costs) to the extent arising out of or attributable to your breach of any of the provisions, representations or warranties set forth in these Terms of Use, and/or from your placement or transmission of any content onto the Service servers, and/or from any and all use of your User Account in violation of the Terms of Use or the failure to fulfill any obligations relating to your User Account incurred by you or any other person using your User Account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section.

  20. LIMITATION OF LIABILITY

    UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL TRACE, ITS DISTRIBUTORS, PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE, SITE, CONTENT OR FEATURES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, SITE, CONTENT OR FEATURES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO AN EVENT OF FORCE MAJEURE. THE ABOVE LIMITATIONS OF LIABLITY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ASSUME THE RISK IN USING THE SERVICE, SITE AND/OR FEATURES AS WELL AS RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

  21. Force Majeure

    Trace will not have any liability to you for any delay or non-performance of its obligations under the Terms of Use, to the extent that such delay or non-performance is attributable to an event of Event of Force Majeure (as hereinafter defined). For the purposes of the Terms of Use, "Event of Force Majeure" will mean an act of God, labor dispute, or failure of facilities, networks, equipment or software, or any similar event, to the extent that such event is beyond the reasonable control of Trace.

  22. Termination and changes to the Terms
    1. We may change the Terms that apply to the Services at any time. If we do this we will update the Site where these Terms are available and continued use of the Services will be subject to the new Terms. To the extent any change materially impacts the availability of the Service, such as a change to your Subscription, in addition to posting the revised document on the Service, we will communicate such a change directly to you via the email address associated with your User Account. Your continued use of the Service, Site, Content and/or Features in any way after any changes are made or posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.
    2. We recommend that you read through the Terms available on the Site regularly so that you can be sure that you are aware of any changes that may apply to you and what the latest rules are.
    3. We may terminate these Terms at any time without any liability to you provided we tell you that we are doing so. We may also stop providing any of the Services provided on Trace TV at any time for any reason.
    4. Any modifications to these Terms of Use will supersede the provisions of the prior Terms of Use for all activity occurring after the revised version has been made available.
  23. Electronic Communication

    When you use the Service, Site, Content and Features, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by email, text, in-app push notifications, or by posting notices and messages on the Service, Site, Content, or Features. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also consent to receiving promotional messages, offers, surveys, and requests electronically. For more information as to how we communicate with you, please review our Privacy Policy at www.trace.company/privacypolicy. If you no longer want to receive non-transactional communications, you may unsubscribe at any time using the link at the bottom of the electronic communication

  24. General
    1. No third parties may enforce any rights under these Terms against either us or you. The Contracts (Rights of Third Parties) Act 1999 does not apply to these Terms.
    2. You can’t transfer your agreement with us to anyone else without our permission.
    3. If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
    4. These Terms and our Privacy Policy set out the full extent of our obligations and liabilities concerning the Services and replace any previous agreements and understandings between us and you.