Touchbase | Terms of Use


NOTES

 

 

Author: Joseph Hayes

Creation Date: July 9th, 2018

 

 

INTRODUCTION AND ACCEPTANCE OF THE TERMS

 

 

By using, visiting, and/or utilizing the website or app, including all contents, products, services, software, components, and utilities offered via the Touchbase services (https://www.touchbase.id) and related services (herein and henceforth collectively referred to as “Touchbase (service(s))”), you imply your agreement to these terms are conditions (the “Terms”) and the Touchbase Privacy Policy (the “Privacy Policy”). Hioz LLC may, in its sole discretion, modify these Terms and other binding agreements at any time, and you agree to continue to be bound by those modifications and/or revisions.

Touchbase is a social network created by Hioz LLC (“Hioz LLC”).

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

 

 

TERMS OF USE

 

 

These Terms apply to all users of the Touchbase service, including those who contribute or create video content, information, and other materials, services, and components that are present in the Touchbase services. The Touchbase services include all aspects of Touchbase (as a social network), including but not limited to all products, software, services, components and APIs offered via the Touchbase services.

The Touchbase services may contain links to third party websites, apps and services that are not owned, controlled, or compensated by Hioz LLC. With that being said, Hioz LLC assumes no control over, and assume no responsibility for, the content, privacy policies, terms, and/or practices of any third party websites. In addition, Hioz LLC cannot and WILL NOT censor or edit the content of any third-party sites. By using the Touchbase service, you expressly release Hioz LLC from any and all liability arising from your use of any third party website.

 

 

ALIAS ACCOUNTS

 

 

Touchbase utilizes a Single Sign-On service known as Alias Account System (“Alias”).

Like Touchbase, Alias is an identity solution created by Hioz LLC.

When creating a Touchbase account, you are prompted to first log in to your Alias account. If you do not have an Alias account, you will be prompted to create one. You cannot use Touchbase without having an Alias account. Therefore, by using the Touchbase service, you imply agreement to both these Terms and the Alias Terms. You also imply your understanding and acceptance of the Alias Terms and Policies when you implement Touchbase as an addition to your Alias-compatible services.

When you are implementing Touchbase as part of your Alias account, you must provide accurate, complete, and up-to-date information. You are solely responsible for any and all activity that occurs on you account, and you must keep your account password safe, sound, and secure.

You agree to notify Hioz LLC immediately of any breach of security, or unauthorized use of your account.

Although Hioz LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Hioz LLC, Touchbase, or others due to unauthorized use or exploitation.

Hioz LLC claims no damage set forth in consequence from your lack of prevail of these Terms.

 

 

PERMISSIONS AND RESTRICTIONS

 

 

Hioz LLC hereby grants you permission to access and use the Touchbase Services as set forth in these Terms as it stands, provided that:

  1. You agree not to distribute in any medium any part of the Touchbase Service, including but not limited to User Content (as defined below), without Hioz LLC’s prior written authorization.
  2. You agree not to alter or modify ANY part of the Touchbase service, including but not limited to the technologies it utilizes to run.
  3. You agree not to access User Content (as defined below) or Touchbase content through any technology or means other than the explicitly authorized technologies Touchbase may designate.
  4. You agree not to use the Touchbase service for any commercial use without the prior written authorization of Hioz LLC. Prohibited commercial uses including any of the following actions taken without Hioz LLC’s express approval:
  1. Use of the Touchbase service or its related services for the primary purpose of gaining advertising or subscription revenue;
  2. Any use of the Touchbase service or its related services that Hioz LLC finds, in its sole discretion, to use Touchbase’s resources or Use Content with the effect of competing with or displacing the market for Touchbase, Touchbase content, or its User Submissions;
  3. Sale of access to the Touchbase service or its related services on another website;
  4. And the sale of advertising, on the Touchbase service or any third-party service, targeted to the content of specific User Content or Touchbase content.
  5. Permitted commercial uses include uploading original content to Touchbase, or maintaining original content on Touchbase, to promote a business, brand, or otherwise, are subject to these Terms, and any other use that Hioz LLC expressly authorizes in writing.
  6. If you use the Touchbase embeddable profile feature, you MUST include a clearly visible and prominent link back to the Touchbase website on the pages relevant to the embeddable profile and you may not modify, build upon, block, or suppress any portion of Touchbase’s embeddable profile in any way, shape, or form.
  7. You expressly agree not to use and/or launch any automated system(s), including, without limitation, “robots”, “injectors”, “crawlers”, “spiders”, “offline readers”, and/ot “indexers”, to generate artificial views of profiles, or to otherwise access the Touchbase service in a manner that sends more requests to the Touchbase servers in a given period of time than a human can reasonably produce in that same period of time by using a conventional on-line web browser.
  8. In your use of the Touchbase services, you will otherwise comply with the terms of these Terms of Use, Alias’ Terms Of Us, Terms of Uses of third parties, and all applicable local, national, and international laws and regulations.
  9. Hioz LLC reserves the right to discontinue any aspects and/or components of the Touchbase services at any time for any reason without prior disclosure.

 

YOUR USE OF MATERIAL ON THE SERVICE

 

 

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of material present on the Touchbase service.

The material on the Touchbase service, except all User Material (as defined below), including without limitation, texts, software, graphics, photos, sounds, music, videos, animations, interactive features and similar ("Material") and the trademarks, service, marks and logos contained therein ("Marks"), are owned by or licensed to Hioz LLC, subject to copyright and other intellectual property rights under the law. Material on the Touchbase service is provided to you AS IS for your information and personal use only and IS NOT to be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners. Hioz LLC reserves all rights not expressly granted in and to the Touchbase services and its contents.

 

 

YOUR USE OF THE TOUCHBASE SERVICE(S)

 

 

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Touchbase service(s).

  1. The content derived on the Touchbase service, except all user-based content (as defined below), including without limitation, the text, graphics, photos, sounds, music, videos, interactive features and the link (“Content(s)”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by and/or licensed to Hioz LLC, subject to copyright and other intellectual property rights under the law. Content on the Touchbase service is provided to you AS IS for your informational and/or personal use only (moreover, commercially if purchased a brand account), and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners. Hioz LLC reserves all rights not expressly granted in and to the Touchbase service and its contents.
  2. You may access User Submissions solely for your information and personal use, or as otherwise intended through the normal functionality of the Touchbase service.
  3. User Content is made available to you for your information and personal use solely as intended through the normal functionality of the Touchbase services. User Content is made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Touchbase services or otherwise as prohibited under this Agreement.
  4. You may access Touchbase content, User Submissions and other content only as permitted under this agreement and other agreements associated with the Touchbase service. Hioz LLC reserves all rights not expressly granted in and to the Touchbase Content and the Touchbase services.
  5. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Touchbase service for any commercial purposes (or purpose that result in financial gain).
  6. You agree not to circumvent, disable or otherwise interfere with security-related features of the Touchbase service or features that prevent or restrict the use of copying of any Content or enforce limitations on use of the Touchbase services or its Content therein.
  7. You understand that when using the Touchbase service, you will be exposed to User Submissions and User Content from a variety of sources, and that Hioz LLC is not responsible for the accuracy, functionality, safety, or intellectual property rights of or relating to such User Submissions and User Content. Furthermore, you understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal and/or equitable rights or remedies that you have or may have against Touchbase thereto, and agree to indemnify and hold Hioz LLC, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Touchbase services.

 

 

ACCOUNT TERMINATION

 

 

Hioz LLC may terminate a User’s access to the Touchbase services from their Alias account without prior notice if Hioz LLC determines that the User has acted in contravention of these Terms and the Privacy Policy.

Hioz LLC reserves the right to decide whether Content or a User Submission is appropriate for display on the Touchbase services, and Hioz LLC may remove any User Submissions or Content at any time, without prior notice, in its sole discretion.

COPYRIGHT AND TRADEMARK PROTECTION AND VIOLATION

 

Copyright Complaints: We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, we will comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement at our sole discretion. A notification of claimed copyright infringement should be emailed to the Company’s Copyright Agent at copyright@touchbase.id. To be effective, the notification must be in writing and contain the following information:

● an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

● a description of the copyrighted work or intellectual property that you claim has been infringed;

● a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

● your address, telephone number, and email address;

● a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

● a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to our services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement

 

 

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

 

 

Your access to and use of our services or any Content are at your own risk. You understand and agree that our services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Hioz Entities” refers to Hioz LLC, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Hioz LLC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Hioz Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by our services; and (iv) whether our services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Hioz Entities or through our services, will create any warranty or representation not expressly made herein.

 

TO THE MAXIMUM POSSIBLE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HIOZ ENTITIES BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY DAMAGES OR LOSSES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.

 

THE HIOZ ENTITIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, HIOZ LLC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

You specifically acknowledge that the Company shall not be liable for user content, including without limitation Your Content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Additionally, Touchbase is controlled and offered by Hioz LLC from its facilities in the United States of America. Hioz LLC makes no representations that Touchbase is appropriate or available for use in other locations. Those who access or use Touchbase from other jurisdictions do so at their own volition and are responsible for compliance with both local law, and the laws governed by the body of government set in the choice of law.

 

 

INDEMNITY

 

 

You agree, to the maximum possible extent permitted by law, to defend and hold harmless Hioz LLC, our directors, affiliates, licensors, officers, agents, stockholders, and employees from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorney fees) due to, arising out of, or relating in any way to:

(i) your access to or use of our service and impacts therewith;

(ii) your content relating or unrelated to our services;

(iii) your breach of these Terms and/or any additional terms.

 

 

ABILITY TO ACCEPT THE TERMS OF USE

 

 

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms of Use.

 

 

ASSIGNMENT

 

 

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hioz LLC without restriction.

 

GENERAL

 

 

You agree that:

  1. The Touchbase services shall be deemed solely based in Maryland; and
  2. The Touchbase services shall be deemed a passive website that does not give rise to personal jurisdiction over Touchbase, either specific or general, in jurisdictions other than Maryland.
  3. These Terms of Use shall be governed by the internal substantive laws of the State of Maryland, without respect to its conflict of laws principles.
  4. Any claim or dispute between you and Hioz LLC that arises in whole or in part from the Touchbase services shall be decided exclusively by a court of competent jurisdiction located in Baltimore County, Maryland.
  5. These Terms of Use, together with any other legal notices published by Hioz LLC on the Touchbase services, shall constitute the entire agreement between you and Hioz LLC concerning the Touchbase services.
  6. If any provisions of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further and continuing waiver of such term or any other term, and Hioz LLC’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
  7. Hioz LLC reserves the right to amend these Terms of use at any time and without prior notice, and it is your responsibility to review these Terms of Use frequently for any changes, and;
  8. Your use of the Touchbase services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.