Touchfactor.com Terms of Use Agreement

Welcome to Touchfactor.com, an entertainment, social gaming, and social networking site operated by Touchfactor Incorporated (“Touchfactor.com”). By using or interacting with the Touchfactor.com website, download or use any of our app(s) and/or use our servers (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member (“Member”). Member(s) are those who make use of the Touchfactor.com social network, social games services, and/or app(s) including, but not limited to TouchFish (the “Service”).

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by Touchfactor.com from time to time, such modifications to be effective upon posting by Touchfactor.com on the Website. You may also receive a copy of this Agreement by emailing us at: [email protected], Subject: Terms of Use Agreement.

1. Eligibility. You must be eighteen or over to register as a member of Touchfactor.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by Touchfactor.com of your written or email notice of termination. Touchfactor.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Touchfactor.com. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 1, 3, 4, 5, 6, 7 , 8, and 9-16 of this Agreement.

3. Non Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. You are prohibited from accessing or using the Website for illegal or commercial purposes, including but not limited to, collecting usernames, profile data, and/or email addresses of members by electronic or other means for the purpose of marketing or sending unsolicited commercial email or electronic messages. Unauthorized framing of or linking to the Website is prohibited.

4. Proprietary Rights in Content on Touchfactor.com. Touchfactor.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Touchfactor.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. TouchFish and TouchFactor are trademarks and service marks of TouchFactor Incorporated.

5. Content Posted on the Site. Without waiver of any of the immunities provided to us as an interactive services provider under the CDA please take note that we prohibit anyone from promoting illegal activities or commercial activities of any kind in their profile or in messages sent on the site or arising out of information obtained from the Website or Services and if such conduct comes to our attention we reserve the right to, amongst other things, remove you from the site and ban you permanently and seek additional remedies. Furthermore you agree that:

  a. You understand and agree that Touchfactor.com may review and delete any content, messages, Touchfactor.com Messenger messages, posts, photos, videos, or profiles (collectively, “Content”) that in the sole judgment of Touchfactor.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

b. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.

c. By posting Content to any public area of Touchfactor.com, you automatically grant, and you represent and warrant that you have the right to grant, to Touchfactor.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You also agree that Touchfactor.com and related companies and authorized services providers may contact you through information manifested through the Website and Services via email, SMS, or otherwise to communicate with you regarding the Website and Service or to advertise to you goods and services or to send and receive communications from other Service members and Website users . You are fully responsible for all costs associated with the above communications such as for example the costs of SMS text messages.

d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Touchfactor.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person or contains content that violates the privacy or rights of others including for example the unauthorized use of likeness;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that manifests any person under the age of 18 or exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • contains obscenity;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • offering money or other consideration in exchange for sex;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
    engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes

e. You must use the Service in a manner consistent with any and all applicable laws and regulations.

f. You may not include in your Member profile any advertisements.

g. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Touchfactor.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Touchfactor.com reserves the right to restrict the number of emails or electronic messages which a Member may send to other Members in any 24-hour period to a number which Touchfactor.com deems appropriate in its sole discretion.

6. Copyright Policy/DMCA. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, where applicable please provide our DMCA Copyright Agent with the following information as more specifically provided below in our DMCA policy. Counter notifications where applicable under the DMCA can be provided to the DMCA authorized agent indicated below.

DMCA Policy

Touchfactor.com respects the intellectual property rights of others and expects its users and members to do the same. In accordance with the Digital Millennium Copyright Act Touchfactor.com will respond expeditiously to claims of copyright infringement committed using the Touchfactor.com Service or Website that are reported to the Touchfactor.com Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Touchfactor.com Service or Website by completing the following DMCA Notice of Alleged Infringement and delivering it to the Touchfactor.com Designated Copyright Agent. Upon receipt of Notice as described below Touchfactor.com will take action pursuant to the DMCA, including where appropriate removal of the challenged use content from the Website or Services and/or termination of the Touchfactor.com user’s account.

DMCA Notice of Alleged Infringement (“Notice“)

  • Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the relevant website where such material may be found.
  • Provide your mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the Notice:
  • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Touchfactor.com Designated Copyright Agent:

Copyright Agent

Chane Hollander

TouchFactor Inc.
6 Hamilton Landing, Suite 150
Novato CA 94949
USA

7. Subscription. For your convenience, the costs and duration of your membership and other services are supplied to you on our registration page on signup. You are responsible for all costs associated with your use of your selected payment method including, for example, exchange rates, transaction fees, interest, and other fees charged by your credit/debit card companies and banks. During the signup process you will be asked to indicate your preference for membership duration and costs amongst other things and your selections and click through agreement to the same and these Terms of Use will be recorded. Touchfactor.com reserves the right to offer free membership to any person(s) of their choice at any given time, for any duration, while charging other members, at the same time. Touchfactor.com also reserves the right to cancel the FREE trial period or membership at any time, for all or any of its members.
The current pricing of the various memberships is shown on the registration page. The pricing of various service offerings, virtual currency, and digital assets, may change from time to time via notice to you and is effective on your click through agreement or other methods notice and consent.

a) The Services may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from us or an authorized third party “app store” for “real world” money. The Services may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from us or an “app store” for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from us or any other party.

b) Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Services, or any other attributes associated with use of the Service or stored within the Services.

c) We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as we see fit in our sole discretion to the fullest extent permitted by applicable law, and we shall have no liability to you or anyone for the exercise of such rights.

d) Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Services. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in termination and a lifetime ban from our Services and possible legal action.

e) You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion to the fullest extent permitted by law. All Virtual Goods and Currencies are extinguished if your account is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue providing the Service, to the fullest extent permitted by law.

8. Member Disputes. You are solely responsible for your interactions with other Touchfactor.com Members, Website users, and third party advertisers. Touchfactor.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.

9. Disclaimer and Limitation of Liability Regarding Interactions Between Members. You are solely responsible for your interactions with other Members. Touchfactor.com makes no representations or warranties as to the accuracy of user generated content and the conduct of Members or those acting on their behalf. You agree to take reasonable precautions in all communications, meetings or interactions with other Members of the Service, particularly if you decide to meet offline or in person. You should not divulge personal or financial information to strangers.
In the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the Touchfactor.com site, you release Touchfactor.com , including its officers, directors, agents, and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

In no event shall Touchfactor.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, punitive, consequential, and/or incidental, arising out of or relating to your conduct or user generated content or anyone else’s conduct or user generated content in connection with the use of the Service, including without limitation, bodily injury, emotional distress, loss of reputation and/or any other damages resulting from communications or meetings with other Members or persons you meet or come into contact with through this Website or Service or from information provided using the Website or Service.

10. Service – Touchfactor.com does not guarantee, at any time, either their paid or free membership holders, that the website will be fully operational all the time. Members may face periodic service interruptions or lost data. Please note that the Website and Services are an entertainment service. All profiles are provided for the entertainment of our members and our users. You also understand and acknowledge that some users and members may provide inaccurate information, messages, and profile data and you agree that Touchfactor.com shall not be liable to you in any manner for the same.

11. Disclaimers. Touchfactor.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Touchfactor.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Touchfactor.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Touchfactor.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Touchfactor.com be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Touchfactor.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Touchfactor.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

12. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Touchfactor.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Touchfactor.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Touchfactor.com’s liability to you for any cause or action or claim whatsoever, and regardless of the form of the action, will at all times be limited in aggregate the amount paid, if any, by you to Touchfactor.com for the Service during the term of membership.

13. Reserved

14. Governing Law and Venue. This Agreement shall be construed, interpreted and enforced in accordance with the laws of California without reference to its conflict of laws rules. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising out of or related to this Agreement, which are unable to be resolved informally, shall be resolved by binding arbitration at JAMS in San Francisco, California, in English, according the applicable rules of arbitration at JAMS and the arbitration shall be conducted by a retired Judge chosen using the applicable JAMS rules. Exclusive venue and jurisdiction for enforcement of this arbitration provision and any remaining disputes shall be in the applicable state and federal courts for Marin County, California. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof.

15. Indemnity. You agree to indemnify and hold Touchfactor.com, its subsidiaries, affiliates, officers, agents, service providers, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

16. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Touchfactor.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Please contact us with any questions regarding this agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.