Trend Tracker products and services are provided directly by Trend Tracker and Industry Insights (“we”, “us”, “our”).
If you agree to be bound by the terms of this Agreement, you should check the box indicating your agreement to the terms of this Agreement on the registration page for the Service. If you do not agree to be bound by the terms of this Agreement, you should not check the box but you will not be able to proceed with the subscription process to become a subscriber. To the extent you have access to, or are using, a Service without having completed this process you are hereby notified that your continued use of a Service is subject to many of the terms and conditions of this Agreement as explained in Section 7 below.
We are based in the United Kingdom and the Services are provided from the United Kingdom. We make no representation or warranty that a Service or the Content (as defined herein) are appropriate or available for use in other locations. You agree to indemnify us as a result of any failure by you to comply with local laws as more fully set out below.
Trend Tracker Privacy Notice describes how we collect, use, share and protect your personal information as a data processor. Your information may be stored and processed in the United Kingdom, and by using a Service online, you consent to the use and processing of your data. If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. You will be responsible and liable for any access to or use of a Service by you or any person or entity using your password, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. You should not share your password because the licence granted by us is personal and is no assignable to any third party. If you nevertheless provide someone else with access to your password to a Service, you should be aware that they will have the ability to view sensitive information about your account and make changes through the website for a Service. Similarly, if you tell someone the answer to your security question for a Service, they will be able to request information about your account and make changes through Customer Service.
Trend Tracker offers a paid subscription service (“Paid Service”). With respect to Paid Services, you must be 18 years of age or older to purchase a subscription to the Services or any other content, product, or service offered by us through the Services. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically through your PAYPAL account provided. Subscription fees will be billed at the beginning of your subscription and any renewal. As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel.
5.1 Term and Renewal. This Agreement shall remain in full force and effect while you use the Services. With respect to Paid Services, your subscription will renew monthly (or annually if paid annually) until it is cancelled in accordance with this Section. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your PAYPAL account.
5.2 Cancellation Policy for other subscriptions. We may cancel your subscription at any time upon notice to you. You may cancel your subscription prior to any renewal term and as a result will lose access to the website and its reports and publications
By subscribing to a Service, you are subject to this Subscription policy. Please read this carefully as they set forth our refund, cancellation and pricing policies and other important information. We reserve the right to change these policies at any time and you should refer to them frequently to ensure you are aware of current policies.
7.1 This contract personal and non-assignable. Nor is it sub-licensable. You must not share the Content, including without limitation, any Content made available through one of our news feeds with any other person, unless by prior agreement with Trend Tracker.
7.2 Each individual must have their own licence, username and password.
7.3 The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow students or employees, with the following exceptions:
7.3.1 Where you are producing a larger piece of work which needs to quote a specific short point or fact contained within an article forming part of our Content you may make use of the fair usage exemption to quote- provided the quote is limited to the extent required by the larger work- provided also that you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase “Used with permission from TrendTracker”.
7.4 Additional Restrictions on Use of the Content.
7.4.1 You agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.
7.4.2 You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
7.4.3 You may not create apps, extensions, or other products and services that use our Content without our written permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to a Service.
7.4.4 Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce the same.
7.4.5 You may not access or view the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you without our written consent.
7.5 You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of a Service may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement.
You agree that your access to, and use of, the services and/or prizes is on an “as-is”, “as available” basis. we specifically make no representations or warranties, express or implied as to (a) merchantability or fitness for a particular purpose; (b) infringement of any third-party intellectual property or proprietary rights, (c) transmission or delivery of a service, (d) accuracy, reliability, correctness, timeliness or completeness of data made available on the services or otherwise by us, including any advice, opinion, statement, or other material or database displayed, uploaded or distributed in the services or available through the services, and warranties otherwise relating to performance, non-performance, or other acts or omissions by us or any third party. further, there is no warranty that the services will meet your needs or requirements or the needs or requirements of any other person. we do not give tax or investment advice or advocate the purchase or sale of any security or investment. you should always seek the assistance of a professional for tax and investment advice. we make no warranties or representations, express or implied (a) that the information provided through the services will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors, (b) that the services will be available at any particular time or location (c) that defects or errors in the services will be corrected, or (d) that the content on the services are free of viruses or other harmful components. any information on the services is subject to change without notice, and we disclaim all responsibility accordingly
You agree that trend tracker and its affiliates and their respective shareholders, directors, officers, employees, advertisers, suppliers, content providers and licensors (“trend tracker parties”) will not be liable (jointly or severally) to you or any other person as a result of your access or use of the services or such content, tools, or in connection with any failure of performance, error, transmission, computer virus, or system failure.
You agree to indemnify and hold harmless us, our parent, subsidiaries, and affiliates, and respective successors and assigns, owners, directors, officers, managers, employees, shareholders, agents, representatives, advertisers, operators, suppliers, service providers and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising in any way out of or in connection with your use of a Service in breach of local laws. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or update the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign or transfer your rights or obligations under this Agreement to anyone but may be assigned or transferred by us without restriction, notice or other obligation to you No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims and disputes arising from this Agreement will be governed by and construed in accordance with English law. You agree to abide to the terms of this agreement and submit to the non-exclusive jurisdiction of the English courts. Trend Tracker offers a reward of £10,000 for information leading to a successful prosecution for illegal copying, in part or in entirety.