Web Site Terms and Conditions of Use
1. Terms
By accessing the Sitefly website, you are agreeing with the provider of the site, TouchVu, Inc. ("TouchVu") to be bound by these Terms and Conditions of Use (the "Term"), and these Terms will form a legally binding agreement between you and TouchVu. In using the TouchVu web site, you will comply with all applicable laws and regulations, including without limitation any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
2. Ownership; Use License
All the materials, text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content of this web site, and any of the foregoing sent to you by e-mail or other means (the "Materials") are proprietary to TouchVu or to third parties, and are protected by applicable copyright and trademark law.
Permission is granted to you to temporarily download one copy of the Materials on TouchVu's web site for personal, non-commercial transitory viewing only. TouchVu reserves all other rights. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the Materials;
- use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on TouchVu's web site;
- remove any copyright or other proprietary notations from the Materials;
- transfer or distribute the Materials to another person or "mirror" the Materials on any other server; or
- use download accelerators, data mining, gathering, or extraction tools on the Materials.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by TouchVu at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.
The mark TouchVu is a trademark of TouchVu, and may not be used in connection with any service or products other than those provided by TouchVu, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TouchVu. Any use of such mark, or any others displayed on this web site, will inure solely to the benefit of their respective owners.
3. Disclaimer of Warranties
THE MATERIALS ON TOUCHVU'S WEB SITE ARE PROVIDED "AS IS". TOUCHVU MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, TOUCHVU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
4. Limitations of Liability
YOU USE THE TOUCHVU WEBSITE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOUCHVU OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF OPPORTUNITY, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DAMAGES DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE TOUCHVU'S INTERNET SITE, OR OTHERWISE ARISING IN CONNECTION WITH THE TOUCHVU WEBSITE, EVEN IF TOUCHVU OR A TOUCHVU AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
5. Fees/Payments
Some of the features on the Service require payment of fees. If you elect to sign up for these features, you shall pay all applicable fees, as described on the Service in connection with such features selected by you. We reserve the right to change our prices and at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of the Service and payments you make to us. (A.) From time to time we may offer use of the Services free of charge for a certain period of time (each a “Trial Period“), and we may impose additional terms, restrictions, or limitations on the use of the Services during such Trial Period. To take advantage of any Trial Period pricing, you must comply with all of the terms, restrictions, and limitations applicable to the Trial Period. We may request payment information from you so that we can charge you appropriate Fees (as defined below) once the Trial Period has ended. You may only have the benefit of one Trial Period. You may not sign-up for multiple accounts in order to obtain the benefit of more than one Trial Period, nor may you establish or use any account to avoid the terms, restrictions, or limitations applicable to any Trial Period.
6. Downgrade
Downgrading your account from a TouchVu Starter or Pro plan may cause the loss of content, features, or capacity of your account. We do not accept any liability for such loss.
7. Revisions and Errata
The Materials appearing on TouchVu’s web site could include technical, typographical, or photographic errors. TouchVu does not warrant that any of the Materials on its web site are accurate, complete, or current. TouchVu may make changes to the Materials contained on its web site at any time without notice. TouchVu does not, however, make any commitment to update the Materials.
8. Cancellation and Termination
If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your web site and we may delete all information on your web site. We accept no liability for such deleted information or content. For as long as we continue to offer the Services, we will provide and seek to update, improve and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Service.
9. Your User Content Must Respect the Rights of Others and Adhere to Certain Standards:
Intellectual Property Rights of Others et al. You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with your User Content, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such User Content to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Service; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Service. In furtherance of the foregoing, you agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (b) publish falsehoods or misrepresentations that could damage us or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (d) post advertisements or solicitations of business. We reserve the right to remove or not publish Content without prior notice. Please keep in mind that you are solely responsible for your interactions with other [account holders], provided, you will not bully, intimidate or harass any [account holder]. We reserve the right, but have no obligation, to monitor disputes between you and other [account holders]. TouchVu will have no liability for your interactions with other [account holders], or for any [account holder?s] action or inaction. Please help to make TouchVu a positive and respectful community. Safety. We do our best to keep TouchVu safe, but we cannot guaranty it. To help us, in using the site you are making the following commitments: (a) you will not send or otherwise post unauthorized commercial communications (such as spam) on TouchVu; (b) you will not collect other [account holders?] Content or information, or otherwise access TouchVu, using automated means (such as harvesting bots, robots, spiders or scrapers) without our permission; (c) you will not engage in unlawful multi-level marketing, such as a pyramid scheme, on TouchVu; (d) you will not upload viruses or other malicious code; (e) you will not solicit login information or access an account belonging to someone else; (f) you will not use TouchVu to do anything unlawful, misleading, malicious or discriminatory; (g) you will not do anything that could disable, overburden, or impair the proper working of TouchVu, such as a denial of service attack; and (h) you will not facilitate or encourage any violations of these Terms of Service.
10. You Have Rights if You Believe Your Copyright is Being Infringed:
Reporting Instances of Copyright Infringement. If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. ?§ 512(c)) to our Copyright Agent (contact info. below) with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (VI) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. After removing material pursuant to a valid DMCA notice, TouchVu will immediately notify the [account holder] responsible for the allegedly infringing material that it has removed or disabled access to the material. TouchVu reserves the right, in its sole discretion, to immediately terminate the account of any [account holder] who is the subject of repeated DMCA notifications. Submitting a DMCA Counter-Notification. If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with TouchVu by providing the following information to the Copyright Agent: (a) the specific URLs of material that TouchVu has removed or to which TouchVu has disabled access; (b) your name, address, telephone number and email address; (c) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person; (d) the following statement: ?I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled? Upon receipt of a valid counter-notification, TouchVu will forward it to the notifying party who submitted the original DMCA notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If TouchVu does not receive any such notification within ten (10) days, we may restore the material to our site.
11. We are an Internet Service Provider, e.g., We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our [Account Holders]:
Opinions and other statements expressed by [account holders] and third parties are theirs alone, not opinions of TouchVu. Content created by [account holders] is the sole responsibility of such [account holders] and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute Content through our site, TouchVu is not undertaking any obligation or liability relating to the Content. TouchVu and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful Content. TouchVu and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, TouchVu reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
12. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms of Service or Any Breach by You of Your Representations and Warranties:
You agree to indemnify and hold harmless TouchVu and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, consultants, representatives, suppliers, distributors and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys? fees, resulting from or in any way related to your access to or use of our site or any Content, any violation by you of these Terms of Service or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 9. In such event, you shall provide us with such cooperation as is reasonably requested by us.
13. Links
TouchVu has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TouchVu of the site. Use of any such linked web site is at the user's own risk.
14. Modification of Terms
TouchVu may revise these Terms at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms.
15. Governing Law
These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the TouchVu web site will be heard and resolved in the federal and state courts located in Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts.
16. Link to the Privacy Policy
TouchVu is concerned about user privacy and operates this web site under the PRIVACY POLICY published at www.touchvu.com/privacy_policy. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.
17. Miscellaneous Provisions
No delay or omission by TouchVu in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by TouchVu of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in these Terms, "including" means "including but not limited to." If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and TouchVu regarding their subject matter, and supersede all prior promises, agreements, or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of these Terms constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
Effective Date of Terms: November 13,2013.