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terms & conditions
     
MyTrail Terms & Conditions

1. PRIVACY
  • Automatic recording of information:
The only information captured and stored automatically when you visit this site is your IP address and details of your use of the site (e.g. the pages that you have visited). Your computer also captures a cookie whilst you are online. If you disable cookies on your computer, you will not be able to access all MyTrail services. The cookie lasts for the duration of the browser session only and is not stored permanently.

IP address: A unique number identifying your computer and enabling information to be sent via the internet between MyTrail and you.

Cookie: A short text file sent from the server and saved on your computer’s hard drive.

  • Personal information provided by you:

If you sign up for a Free Trial, MyTrail will require your name, a username, email address and password to identify your unique trail and ensure security. MyTrail will also use your email address to inform you about important changes to the MyTrail site, MyTrail features and promotions, unless you inform MyTrail that you do not wish to receive that information via the Contact Us page. MyTrail will not pass on your personal information to any other person or organisation, nor will MyTrail email you about the products or services of any other organisation.

If you sign up for or upgrade to the standard or advanced package, additional personal information will be collected by PayPal (see PayPal privacy policy at www.paypal.com).

You can change or amend your username, password and email address online at the Your Details page.

You can unsubscribe at any time by email request via the Contact Us page, including your name, username, email address and password. If you unsubscribe or your subscription expires, the content of your trail and all personal information will be deleted from the active MyTrail database. Please note that such information may be retained in electronic backups, if it is not reasonably practicable to delete such information.

  • Personal information provided by a Trail writer:
If a contact has a trail that they want you to be able to view, they will provide us with your email address. Your contact may also store your name, but your name will not be used by MyTrail nor will it be visible to anyone except your contact. You will be sent a username by email and may be sent emails by your contact via the MyTrail site to inform you that the trail has been updated. If you do not want to view the trail or receive such emails, please notify your contact direct.
  • Monitoring:
MyTrail will view and monitor the content of the journals and photographs that you upload onto your trail to assess maintenance or upgrade requirements, to fix any bugs reported by you or to ensure compliance with these terms and conditions.

2. accounts
    If you wish to create your own MyTrail site, you have the following options:
  • One Month Free trial:
In this time you can create an unlimited number of trails (i.e. separate journeys), make each trail as long as you like (i.e. containing an unlimited number of locations) and add as much text and as many photos as you want to each journal.
  • Standard Package:
For an annual fee (currently US$10), you can create an unlimited number of trails (i.e. separate journeys), make each trail as long as you like (i.e. containing an unlimited number of locations), add as much text as you want and upload up to 40 photos. (The photos can be of any size, but it is not recommended to upload photos over 50KB (if you are on a dial-up connection) or 500KB (if you are on a broadband connection).
  • advanced Package:
For an annual fee (currently US$25), you can create an unlimited number of trails (i.e. separate journeys), make each trail as long as you like (i.e. containing an unlimited number of locations) and add as much text and photos as you want. (The photos can be of any size, but it is not recommended to upload photos over 50KB (if you are on a dial-up connection) or 500KB (if you are on a broadband connection).
  • expiry of subscriptions:
Please note that you must continue to subscribe to MyTrail in order to continue to store and view your journal text and photos on the MyTrail site, even if you do not intend to add any new text or photos. If you do not do so:
Free Trial: After expiry of your 1 month free subscription, your account will be 'frozen' for a period of 5 months. During this time, you and your contacts can view your trails, but you cannot add to or edit your site. You can upgrade at any time during this period. If you do not upgrade your account within 6 months from commencement of your free trial, your trails will no longer be accessible. (It may however be possible to reactivate your account, but MyTrail reserves the right to charge an additional fee for this service. Please email us for further information via the Contact Us page.
Standard or Advanced Packages: After expiry of your 12 month subscription without renewal, your account will be 'frozen' for a further 6 months. During this time, you and your contacts can view your trails, but you cannot add to or edit your site. You can renew or upgrade your account at any time during this period. If you do not renew or upgrade your account within 18 months from payment of your subscription, your trails will no longer be accessible. (It may however be possible to reactivate your account, but MyTrail reserves the right to charge an additional fee for this service. Please email us for further information via the Contact Us page.
  • Upgrading or renewing:
You may renew your subscription or upgrade to the standard or advanced package whenever you like. However, your renewed or upgraded account will be valid for a year from the date of payment, not the date your previous subscription was due to expire. It is therefore recommended that you only renew or upgrade an account on the date that your previous account expires.
  • prices and service:
MyTrail will increase the cost of subscriptions and modify the functinoality and design of the service from time to time. It is also possible that there will be short breaks in service, due to technical difficulties or for service maintenance reasons. Unfortunately, no discounts or refunds can be provided with respect to any such breaks in service.


3. SECURITY

MyTrail will endeavour to ensure the privacy and security of any journals or photographs that you upload onto your Trail, but cannot warrant that a third party will not intercept or access that information without authority.

If you have uploaded a trail, you agree not to publish your username except to those you wish to view your trail. You must keep your password confidential.

If provided with a username to view the trail of a contact, you must keep it confidential and must not forward it or publish it to others except with the express permission of your contact.


4. PROHIBITED USE AND CONTENT

You agree that the content of your journals and photographs will not include and you will not otherwise upload onto the MyTrail site any material:

  • that is unlawful or incites unlawful conduct;

  • that is or it is reasonable to believe may be perceived by others (whether or not the intended reader) as defamatory, offensive (including in relation to sex, disability, age, race, colour, religion or belief), threatening or obscene;

  • protected by copyright or other intellectual property rights, unless you are the owner of such rights or are properly licensed or otherwise authorised to use such material;

  • that includes any virus, software, program or other content that may cause data corruption or damage to software or hardware or that may impede or slow the provision of the MyTrail service;

  • that advertises or offers to sell or buy any products or services.

You agree not to:

  • use your MyTrail account for any commercial use or purpose, unless expressly authorized to do so;

  • access or attempt to access hardware belonging to MyTrail or accounts other than your own;

  • send unsolicited email through the MyTrail site, except to your personal contacts to inform them of your site or a site update.

You agree to indemnify MyTrail in relation to any claims or proceedings pursued against MyTrail and any related losses, damages and expenses (including reasonable legal expenses) arising from or caused by your failure to comply with these terms and conditions.

MyTrail reserves the right to delete any prohibited content from the site and to terminate access to the site without notice or compensation in the event of use prohibited by these terms and conditions or by law.


5. LIMITATION OF LIABILITY

MyTrail accepts no liability for any loss or damage to any data (including journal text and photographs) uploaded onto the MyTrail site, whether removed by MyTrail, caused by system defects, human error, telecommunication failure, service interruption or delay, virus or unauthorized access to the site or otherwise. However, in the event of loss of journal text or photographs, please email us for assistance via the Contact Us page.

The MyTrail site may contain links to sites, products or services of third parties. MyTrail has no control over and accepts no liability for the content of such sites or for any loss or damage caused by access to those sites or purchase of those products or services.


6. COPYRIGHT

MyTrail reserves the copyright in the graphics, database and software used to produce the MyTrail site.


7. APPLICABLE LAW

The law of England and Wales applies and you agree to the exclusive jurisdiction of the English courts in the event of any dispute.





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