Towntouch Terms of Service


The TownTouch Terms of Services (the "Terms of Service", “Terms”, or "Agreement") stipulate the terms and conditions of your use of the website located at www.towntouch.com, (the "Web site"), Web applications, mobile applications and online services ("Service") provided to you by TownTouch Ltd. ("TownTouch"). The Service is provided solely for your own use. The nature of the Service that TownTouch provides may change from time to time without prior notice to you. In addition, TownTouch may cease (permanently or temporarily) providing the Service (or any part thereof) to you or generally to other users with or without prior notice. The Service may include advertisements, which may be tied to the Content (as defined below) or other information provided through the Service. Your use of the Service constitutes your consent that TownTouch or vendors and service providers presented to you through the Service (the "Merchants") place advertisements through the Service.

Acceptance of Terms

Your use of the Service is expressly conditioned on your compliance and consent with these Terms of Service. By accessing or using the Service, you are indicating that you agree to be bound by these Terms of Service. TownTouch reserves the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Service.

Changes to the Terms of Service

TownTouch may, in its sole discretion, make changes to these Terms of Service, from time to time with or without notice to you. Each time changes are made to these Terms of Service, a revised version of these Terms of Service, will be posted on this page. You can determine when the Terms of Service were last modified by checking the "Last updated" legend on the top of the Terms of Service. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Service. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version.

Privacy Policy

TownTouch respects the privacy of others. Any information that you provide to TownTouch through the Service is subject to TownTouch's Privacy Policy which can be found at towntouch.com and is hereby incorporated by reference. Your use of the Service constitutes your consent to the collection and use of your personal information, as described in the Privacy Policy.

End-User License Agreement

You acknowledge that any software and related documentation that may be available to download through the Service (the "Software") is the copyrighted work of TownTouch. You agree that the use of the Software is governed by the terms of the End-User License Agreement which accompanies or is included with the Software.

Eligibility

You may not use the Service and may not accept these Terms of Service if (a) you are not of legal age to form a binding contract with TownTouch and/or the Merchants, or (b) you are a person barred from using the Service under the laws of the State of Israel or other countries including the country in which you are resident or from which you use the Service. Subject to applicable law, TownTouch may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

User Account

In order to use the Service you may create a user account (the "Account"). As part of the registration process, you may use your Facebook account, and/or may select a password (the "Password") and a user Name (the "User Name"). You shall provide TownTouch with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your Account. You may not (a) select or use a User Name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; or (c) use a User Name that TownTouch, in its sole discretion, deems inappropriate or offensive. TownTouch reserves its right to refuse registration of, or cancel, a User Name, in its sole discretion.
You shall notify TownTouch of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You shall be responsible for maintaining the confidentiality of your Password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at TownTouch’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Rules of Conduct

As a condition of use, you agree to use the Service solely for lawful purposes and not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service. By way of example, you shall not (and shall not permit any third party to) either (a) take any action or (b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content or User Submission (as defined below) on or through the Service that:

  • is illegal, threatening, abusive, invasive of any person's privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as TownTouch may determine in its sole discretion;
  • violates any right of publicity, or other right of any person or entity, or any law or contractual obligation;
  • infringes any patent, copyright, trademark or other intellectual property right;
  • constitutes unauthorized or unsolicited advertising, junk or bulk email;
  • involves commercial activity not expressly permitted by TownTouch;
  • contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of TownTouch, its users, or any other individual or entity; or
  • impersonates any individual or entity, including, without limitation, employees or representatives of TownTouch.

Proprietary Rights

TownTouch retains sole and exclusive ownership of all rights, title and interests in the Service and all intellectual property rights relating thereto, including, without limitation, technology secrets, business models, issued patents and pending patent applications with respect to the Service and the technology related thereto. This provision shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter. Without derogating from any of the provisions herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Service (or any part thereof, or any software underlying the Service), other than as expressly authorized by TownTouch.

Content

For purpose of these Terms of Service, the term "Content" includes, without limitation, video, audio clips, written comments, information, data, text, photos, software, graphics, in static or interactive feature, provided or otherwise made available through the Service. TownTouch may not monitor or control Content posted by users of the Service (including, without limitation, Use Submission) or other individuals or entities (such as, Merchants or advertisers), and cannot be responsible for such Content. Any use or reliance on any Content posted through the Service or obtained by you through the Service is at your own risk.
TownTouch grants to you a non-exclusive, non-transferable, non-sublicensable, royalty-free license to use the Content, solely for your personal use. You are prohibited from using, including, without limitation, copying or making any alteration of or derivative works based upon, the Content for any purpose other than your own personal use and at all times subject to these Terms of Service.

User Submission

TownTouch may enable you to add, create, submit, distribute or post certain Content, including, without limitation, text, photos, data, graphics, and information (including, without limitation, personal information and location based services information) (each, a “User Submission”) through the Service. However, TownTouch does not guarantee that any User Submission will be made available through the Service. By submitting any User Submission on or through the Service, you (a) acknowledge that you are publishing such User Submission, and that you may be identified publicly by your User Name in association with such User Submission; (b) understand that whether or not such User Submission is published, TownTouch does not guarantee, and is not under any obligation of, confidentiality with respect to any User Submission, and agree that any User Submission provided in connection with the Service is provided on a non-proprietary and non-confidential basis; (c) represent and warrant that you own or have all necessary rights and permissions to use and authorize TownTouch and users of the Service to use all intellectual property rights in and to any User Submission, and to enable inclusion and use thereof in connection with the Service; (d) represent and warrant that your User Submission does not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, patent, or other intellectual property or proprietary right, or any right of privacy; (d) grant TownTouch a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works based upon, display, perform, and otherwise exploit, the User Submission in connection with the Service and TownTouch's business, including, without limitation, in connection with marketing of the Service; (e) without limiting subsection (d) above, agree that TownTouch shall have the right, but not the obligation to, edit, delete, modify, reformat, or translate any user Submission submitted by you, at any time, without notice to you, and for any reason (including, without limitation, upon receipt of a claim relating to such User Submission, or if TownTouch is concerned that you may have violated these Terms of Service), or for no reason; and (g) grant each user of the Service a non-exclusive license to access your User Submission through the Service and to use, reproduce, distribute, display, perform, and prepare derivative works based upon, such User Submission solely for personal non-commercial uses. 
You further acknowledge and agree that you shall be solely responsible for any User Submission submitted by you and to the consequences of posting or publishing such User Submission, and you waive any “moral rights” in such User Submission. 
You understand that when using the Service, you may be exposed to User Submission from a variety of sources, and that TownTouch is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Submission. You may be exposed to User Submission that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against TownTouch with respect thereto and you agree to indemnify and hold TownTouch, its affiliates and their respective directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service.

Links to Third Parties

The Service may contain links to websites and/or Facebook pages and/or other sites (“Sites”) which are not maintained by TownTouch. Links to third party websites and other sites are provided for your convenience and information only. Third party web sites are not under TownTouch’s control and TownTouch is not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. The inclusion of a link through the Service does not imply TownTouch’s endorsement of the third party website nor that TownTouch is affiliated with the third party website's owners or sponsors.

Payments

You may pay for transaction made through the Service with valid credit cards, and/or other services such as PayPal, Google Checkout, and/or other tools, in cash and/or through other means as permitted by TownTouch from time to time (such as, PayPal or other providers of payment processing services). Generally, such payment source is charged according to the source individual agreement with the bank or the credit card company.  Each purchase of products or services by a credit card through the Service is subject to the following terms and conditions:

  • All prices and rates displayed through the Service are including VAT (as applicable), unless expressly provided otherwise;
  • The User represents and warrants that all credit card information provided by User during the registration process is true, accurate and complete in all respects.
  • The User is the legal owner of the credit card used in connection with the Service or the User has been granted by the owner of a valid credit card an express permission to use such credit card to order products and/or services through the Service; and
  • The User represents and warrants that any use of a third party's credit card by the User in connection with the Service will be made with the express prior consent of the legal owner of such credit card, and that the User will be solely liable for, and indemnify and hold harmless, TownTouch, its affiliates, and their respective officers, directors, employees, and agents from any claims, losses, damages, and expenses (including reasonable attorneys' fees) relating to an unauthorized use of a third party credit card by the User.

Trademarks

Any and all trademarks, service marks, product names, and trade names of TownTouch appearing on or through the Service are exclusively owned by TownTouch. All other trademarks, service marks, product names, and logos appearing on or through the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service without the owner's prior written consent.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TOWNTOUCH EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. TOWNTOUCH MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS, BE FREE FROM VIRUSES, OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOLWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA STORED ON IT, IS SOLELY YOURS.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL TOWNTOUCH (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMLPOYEES AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE, OR IMPROPER USE OF THESERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT TOWNTOUCH MAY CHANGE THE SERVICE IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH.

Termination

Termination of your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately, such termination may result in the destruction of all information and data associated with your Account. If you wish to terminate your Account, you may do so by sending TownTouch an email to info@towntouch.com specifying your request and providing TownTouch with your name and email address. If you terminate your Account, your profile will be removed from the Service, however, deletion may not be immediate and TownTouch may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.

Miscellaneous

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (The Service shall be provided in accordance with, and this Agreement shall be governed by, the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the eligible courts in the district of Tel Aviv shall have exclusive jurisdiction over all disputes between the parties related to this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any right or obligation herein without the express written consent of TownTouch. TownTouch expressly reserves its right to assign or transfer this Agreement and to delegate any of its obligations hereunder at its sole discretion. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure of TownTouch to act with respect to a breach of this Agreement by you or others shall not constitute a waiver and shall not limit TownTouch's rights with respect to such breach or any subsequent breaches.
Last updated: July 26, 2011
Copyright © 2011 TownTouch Ltd. All Rights Reserved

Availale on iPhone App Store Towntouch iPhone Application