Last Updated: January 24, 2021
(“TOS” for short)
The TOS tells you what you can and cannot do when you access or use Track Easter Bunny.
By using Track Easter Bunny, you, and your parent/guardian (for themselves and on your behalf) agree to be bound by the TOS and our Privacy Policy. If you do not understand and agree to this TOS and our Privacy Policy, please do not use Track Easter Bunny.
Parental Consent. If you want to use Track Easter Bunny or use our app, you must be at least 18 years old or get permission from your parent or guardian. See our Privacy Policy for more on this.
Translation: Get your parent’s permission before you use Track Easter Bunny.
Keep Your Personal Information Personal. Do not give out any of your Personal Information. Personal Information, which is described in detail in our Privacy Policy, includes real names, phone numbers, home addresses, user IDs, online profile names, e-mail addresses, photos, social networking site information, and location information.
Translation: Keep your personal information personal. Never give out (or ask for) personal information.
License to Use Track Easter Bunny. We retain all right, title and interest to Track Easter Bunny, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not, and all applications thereof.
Track Easter Bunny is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, Track Easter Bunny may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without our prior written consent. All rights not expressly granted to you herein are reserved by us.
Translation: Track Easter Bunny owns all aspects of Track Easter Bunny, and your use of Track Easter Bunny does not give you any ownership rights.
License to Use Track Easter Bunny Content. The information, pictures, graphics, games, and updates for use in Track Easter Bunny, and other content, features and services available in Track Easter Bunny, including content posted by users (collectively, the “Track Easter Bunny Content”) are owned by us or our suppliers or licensors and are protected by copyright and other laws throughout the world. We may require you to pay a fee for a non-exclusive license to use certain Track Easter Bunny Content. You acknowledge that Track Easter Bunny Content has no real world value, is licensed as part of, and may only be used in, Track Easter Bunny. Accordingly, you may not sell or transfer the Track Easter Bunny Content (including your account access information) and all such transfers or sales are null and void. All copyright and other proprietary notices on any Track Easter Bunny Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Track Easter Bunny Content is strictly prohibited.
You will not stream, copy, reproduce, republish, upload, display, post, or transmit any Track Easter Bunny Content, and will not make or distribute things where you include the Track Easter Bunny Content. It is a violation of our rights to do this. The only time you can do this is if we specifically give you permission. The use of Track Easter Bunny Content for any other purpose is a violation of our copyright and other proprietary rights.
Translation: The content on Track Easter Bunny are not property owned by you. As a result, you do not have the right to modify, share, stream, transfer or sell this stuff.
Data Storage in the U.S. and Export of Track Easter Bunny Software. Track Easter Bunny is based in the United States, and we make no representation that Track Easter Bunny is appropriate or available for use in other countries. Those who choose to access Track Easter Bunny from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and understand that information they provide to us will be sent out of their home country to the United States. Furthermore, the United States government places controls on exporting downloadable software into certain countries listed on the Office of Foreign Asset Control Sanction List. If you are in such a sanctioned country, or your name appears on the U.S.’s Specially Designated Nationals or Table of Deny Orders, then you may not download or use Track Easter Bunny software.
Translation: Track Easter Bunny is made for use in the United States. Track Easter Bunny makes no promises about whether Track Easter Bunny is appropriate for use outside of the United States.
Feedback. We are grateful for any ideas or feedback you provide to us about our products, but we need to maintain our rights to our intellectual property. Accordingly, please do not send us any original creative materials such as stories, character or program ideas or original artwork, unless we have specifically requested that you do so. Any unsolicited submissions received by us will be deemed our property. To the extent any part of your submission is deemed not to be owned by us, then you, and your parents or guardians if you are under 18, agree to assign to us any right, title and interest in and to the submissions and waive any “moral rights” you may have in the submission.
Translation: We love hearing your ideas about our properties, but before you send us anything, you must understand and agree that any ideas or concepts you voluntarily share with us become our property.
REPRESENTATIONS, WARRANTIES AND LIMITATIONS OF LIABILITIES. WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF Track Easter Bunny FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
Track Easter Bunny IS PROVIDED “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN.
YOUR USE OF Track Easter Bunny IS AT YOUR SOLE RISK.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF Track Easter Bunny, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION INCLUDING, WITHOUT LIMITATION, IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED A TOTAL OF FIVE DOLLARS ($5.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION DO NOT WAIVE OR LIMIT OUR ABILITY TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR BREACH OF THIS AGREEMENT.
Translation: WE AREN’T PROMISING THAT Track Easter Bunny WILL WORK PROPERLY OR THE WAY YOU WANT IT TO. USE Track Easter Bunny AT YOUR OWN RISK. WE ARE NOT LIABLE IF YOU SUFFER ANY HARM THROUGH YOUR USE OF Track Easter Bunny. THERE ARE MANY LIMITATIONS ON OUR LIABILITY IN THIS PART, SO WE PUT EVERYTHING IN CAPS TO SHOW YOU HOW IMPORTANT IT IS. EVEN THOUGH THERE’S PLENTY OF OTHER IMPORTANT STUFF IN THIS AGREEMENT AND WE DIDN’T PUT THE WHOLE THING IN CAPS. MAYBE WE SHOULD. WE’LL TALK ABOUT IT AND LET YOU KNOW.
Indemnification. You agree to indemnify, defend, and hold us, our parent and affiliated companies, and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of Track Easter Bunny, Track Easter Bunny Content, as well as your breach of this TOS. You shall use best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Translation: If you use Track Easter Bunny and something bad happens because of it, neither Track Easter Bunny nor anyone affiliated with us will be held responsible.
Links to Third Parties. As a service to you, we may provide links from Track Easter Bunny to websites of third parties. Once you leave Track Easter Bunny, we have no control over third parties and their respective websites, the content of those websites, or their terms of service. The same applies to links to third-party sites from other users.
Translation: Track Easter Bunny is not responsible for anything that might happen once you leave Track Easter Bunny, even if your leaving Track Easter Bunny was because of a link on Track Easter Bunny.
Updates to the TOS. From time to time and in our sole discretion, may modify the TOS. If we update the TOS, we will let you know by emailing you (if we have your email address), or by posting an announcement on Track Easter Bunny. Your continued use of Track Easter Bunny will indicate your consent to the revised TOS.
Translation: We update the TOS sometimes. When we do, we will put up a notice or email you about the changes.
Miscellaneous.The TOS and Privacy Policy constitute the complete and final agreement between the parties (and your parent/guardian if you are a minor.) If any provision of the TOS is unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of that provision under other circumstances, or of the remaining provisions under all circumstances. The parties are independent contractors, no joint venture, partnership, employment, agency or exclusive relationship exists. Our failure to enforce any right or provision in this TOS shall not constitute a waiver of such right or provision. We may transfer or assign this TOS or Track Easter Bunny, in whole or in part, to any third party of our choosing. The TOS shall inure to the benefit of and be binding upon either party’s respective successors and permitted assigns.
Translation: This TOS is the only agreement between us. If we decide not to enforce part of it in certain situations, that doesn’t mean the rules have changed. You and Track Easter Bunny are independent contractors. We can transfer the rights and obligations of the TOS but you cannot. The TOS will still be binding on anybody who takes over Track Easter Bunny or takes over your life.
If you have any questions, comments or concerns regarding the TOS or our Privacy Policy or practices, please contact us at:
Track Easter Bunny
5501 Merchants View Square
Suite 180
Haymarket VA 20169
Track Easter Bunny is the first, biggest, and leading Easter Bunny Tracker, with kids all around the world using our tracker every Easter. We have developed dozens of activities, and mobile apps that are enjoyed by kids of all ages.
