This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under thirteen (13) is strictly prohibited and in violation of this Agreement. You may use the Service only if you can form a binding contract with Touchlane, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Accordingly, use of the Service by anyone between thirteen (13) years of age and the age of majority in such individual’s jurisdiction will require verifiable consent of such individual’s parent or legal guardian. We reserve the right to request reasonable proof of such consent, and you must provide such proof within a reasonable period of time (not to exceed three (3) business days) following such request. The Service is not available to any Users previously removed from the Service by Touchlane.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service (including the right to cancel any hosted sites) without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Touchlane reserves all rights not expressly granted herein in the Service. Touchlane may terminate this license at any time for any reason or no reason. Certain features of the Service may be made available only to paid subscribers (“Subscriber Features”). Subscriber Features are tied to your Apple ID. The foregoing license grant is not a sale of all or any portion of the Service, including but not limited to any Subscriber Features, and Touchlane or its third party partners or suppliers, as applicable, retain all right, title, and interest in and to the Service, including but not limited to any Subscriber Features (and any copy thereof).
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs (the “Service Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Touchlane. Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Service Content. Use of the Service Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit feedback, modifications, suggestions, improvements, comments, ideas, or the like about the Service, including without limitation about how to improve the Service or our other products or businesses (“Ideas”). You hereby grant to Touchlane a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Ideas in connection with the Service and any of Touchlane’s other products, technology, services, specification or other documentation.
Certain products or services offered on or through the Service may be provided for a fee or other charge. If you elect to purchase products or services on or through the Service, or to use paid aspects of the Service, you agree to the applicable pricing and payment terms, as we may update them from time to time. Touchlane may add new products and services for additional fees and charges, or amend fees and charges for existing products and services, at any time in its sole discretion. Any increased fees will apply solely on a forward-looking basis beginning on your next billing period.
If you elect to purchase one of our subscription offerings, by purchasing such offering, you authorize us or our third-party service provider to charge you a subscription fee at the then-current rate, and any other charges that you may incur in connection with your use of the Service via the payment method you provide us. The subscription fee will be billed at the beginning of the paying portion of your subscription and at regular intervals thereafter equal to the length of your subscription unless and until you cancel your subscription. Subscription fees are earned upon payment. We reserve the right to change the timing of our billing, including but not limited to if your payment method has been rejected or is otherwise not successfully settled. Your renewal date may change due to changes in your subscription.
YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU HEREBY CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR APPLICABLE PAYMENT BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF APPLICABLE TAX RATES CHANGE OR IF THE FEES HAVE BEEN INCREASED.
Certain subscription offerings may offer a free trial prior to charging your payment method, the period of which will be communicated to you via the Service. If you decide to unsubscribe from such a subscription before Touchlane starts charging your payment method, you must cancel the subscription before the free trial ends. Otherwise, you will be responsible for payment for the full term of the subscription period.
THERE ARE NO REFUNDS FOR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICE AND WE ARE NOT OBLIGATED TO PROVIDE ANY CREDITS FOR PARTIALLY USED PERIODS. In the event that Touchlane suspends or terminates this Agreement for your breach of this Agreement or any part thereof, you understand and agree that you will receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, or for anything else. Following your cancellation of a subscription, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (each a “credit”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. Our provision of any credits does not entitle you to any future credits, whether for similar instances or otherwise.
Touchlane cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless Touchlane and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOUCHLANE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TOUCHLANE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
TOUCHLANE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TOUCHLANE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TOUCHLANE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TOUCHLANE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL TOUCHLANE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOUCHLANE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY. IN NO EVENT WILL TOUCHLANE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TOUCHLANE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TOUCHLANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Touchlane without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and Touchlane’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.
This Agreement was last modified on November 14, 2019.