Touchoo Terms of Service, Last modified November 18, 2011.

These Terms of Service (hereinafter: the Terms) are a binding agreement between Touchoo Ltd., a duly incorporated Israeli corporation whose principal place of business is 39 Rokach St., Ramat-Gan, Israel and Yourself, a natural legal person.

These terms govern your use of the Touchoo service and application and detail your rights and obligations when using the service. Therefore, we require that you read them and understand them prior to using the Service.

In brief, these Terms grant you a right to use Touchoo’s services, govern the way you make purchases and detail what personal information is stored on your use of the book applications.

Moreover, these terms state that no matter what, Touchoo shall never be liable for any damage made by using this Application.

Please read these terms carefully, and if you have any questions don’t hesitate to contact Touchoo.

1            Eligibility: By signing up to the Touchoo services or installing any Touchoo Software, you hereby acknowledge and accept these terms and agree to be bound by them. In order to use the Touchoo services you shall be required to maintain your account details secure and adhere to Touchoo’s terms of eligibility, as stated herein.

1.1      Accurate Information: By entering into these Terms, you hereby warrant that the contact information presented to Touchoo when registering to the Services are true, accurate and up-to-date.

1.2      Solvency: You are solvent and have not filed for bankruptcy, liquidation, debt arrangement or otherwise lost your ability into entering into agreements such as these Terms.

1.3      Natural Person: You are a natural person. Please note that you cannot contract Touchoo if you are a corporation or acting on behalf of one.

1.4      Age: You are over 18 years of age

1.5      Not a sex offender: You have not been convicted of any sex crime, possession of child pornography or otherwise been under electronic monitoring in relation to sexual offenses.

1.6      Residence: You do not reside in any proscribed state.

1.7      Authentication: When registering to the Services, Touchoo shall authenticate your identity using certain services, and may, at its own discretion, request additional authentication, including:

1.7.1     Email: Touchoo shall authenticate your email address and send a notification email to the address you provided it. In the said email, Touchoo may include information or a link to authenticate your email account as the proprietor of the said address.

1.7.2     OpenID: Touchoo may allow you to authenticate against an OpenID service, such as Google, and may request, at its sole discretion, additional authentication.

1.7.3     Facebook Connect: Touchoo may allow you to authenticate against your Facebook account and may use certain information from said account with your consent.

 1.8      Securing your accounts: Due to the sensitivity of information stored on your behalf on the Touchoo service and the potential risk of loss of money, you shall be required to enter a password for your Account. Please keep in mind that Touchoo strongly encourages the use of strong accounts (such as, for example, 36h%#QYHE~1 or wherearemykeys) and that using the same account for more than one user or in more than one website is considered a bad practice. For more information about strong passwords and how to find strong passwords that are easy to remember, please read the following article: http://www.baekdal.com/insights/password-security-usability

1.8.1     Sharing your login data: You are specifically prohibited from sharing your username and password with any 3rd party.

1.8.2     Retaining your login data: Touchoo highly discourages the use of password managers in order to retain your login information on your browser or refraining from using lock codes on your mobile device

1.8.3     Notification: You are required to inform Touchoo, immediately, upon any case where you believe that your account was breached and in any case you are in knowledge of any unauthorized use of any Touchoo account.

1.8.4     Touchoo’s Liability: Touchoo shall not be liable in any case where you did not adhere to these security guidelines and shall not be able to assist you in any manner should you refrain from using Touchoo’s best practices as published from time to time.

1.9      Use on multiple devices: Touchoo limits the use of your account to a set number of devices and requires that you shall be the proprietor of all devices which use your Touchoo account. If you will use your Touchoo account on more than a limited number of devices, Touchoo may block such use or terminate your account.

2            The Services: Touchoo shall avail you to an online web-based or application-based BookApp Store where you can purchase BookApps and read them or otherwise use them in an interactive manner. You may purchase one book at a time, purchase bundles of books or purchase a subscription to use them, all with regards to offers that Touchoo may avail, which will change from time to time. Touchoo may also enable a “Try before you buy” model where certain books may be available to you for a set number of uses or for a limited time.

3            Purchases, Payments and Fees: You may use the Services presented in article 2 (hereinafter: Services) to license BookApps either by Touchoo’s services or through 3rd Parties such as Apple, via the in-app-purchase on iOS devices. Upon purchase, a digital copy of the BookApp shall be downloaded to your mobile device(s) on demand, and shall be licensed to you by these Terms.

3.1      BookApp Purchases: Touchoo may license you with specific BookApp titles or a bundle of specific BookApps. In such case, these BookApps or BookApp shall be made available to you and downloaded on demand to any mobile device(s) which the Touchoo software is installed on.

 

3.2      Credit Purchase: Touchoo may license you with a non-specific bundle (for example, a 4-BookApp bundle) or Credits where you can select the BookApps you wish to license from Touchoo or retain the credit and license any BookApps for a later date, which shall be up to one year from the Credit Purchase date and may be otherwise limited by Touchoo from time to time.

3.3       Subscription: Touchoo may license you any BookApp or BookApps according to its subscription plans. In such case, the subscription plan may be limited in time, number of BookApps and/or any other limitation, such as the number of reads or the time each BookApp is available to you.

3.4      Refunds: As BookApps are intangible goods, Touchoo does not offer any refunds for any BookApp and shall never, to the extent permitted by law, refund you on any BookApp you purchased.

3.5      Try Before You Buy: Touchoo may license you any BookApp or BookApps for a limited term or limited use on a try-before-you-buy basis, with or without payment.

4            Privacy Policy: Touchoo highly values your privacy, and has therefore set up this extensive privacy policy in order to avail to you more information about how Touchoo uses and retains your personal data.

4.1      What Personal Information Does Touchoo Retain? Touchoo retains a limited amount of personal or personally-identifiable information, such as your email or other authenticating factor, screen name, nickname, image, your social network URL you provided Touchoo, your IP addresses where you used the Services from, and other information you may provide Touchoo from time to time, such as your name, address, state or gender.

4.2      What Non-Personal Information Does Touchoo Retain? Touchoo retains some non-personal and statistical information such as your child’s age, the BookApps you purchased or read, your language, time zone, number of friends or followers in social networks you authenticated against the Service,  and other behavioral aggregated information or batched usage statistics.

4.3      How Is The Information Processed? Touchoo uses the Information in order to provide you with the Services and also processes non-personal information into statistical aggregated data in order to analyze and provide you and other users with better services, such as relevant BookApp recommendations.

4.4      Who Else Has Access To Your Information? When providing you with the Services, Touchoo may utilize other 3rd parties, such as your mobile device’s operating system’s vendor (for example, Apple or Google), any virtual store where you licensed the Touchoo Application from (such as the Apple AppStore, Android Market or similar markets) , billing and clearing services you contracted to pay Touchoo with (such as PayPal, Google Checkout or similar), Authentication Services (such as Facebook, if you used Facebook Connect, or Google, if you used OpenID), Touchoo’s clearing and billing services (Cent2Cent) or other services required to provide you with the services. You can review each 3rd Party’s privacy policy in its respective website.

4.5      How Can You Edit or Correct Information? You can correct or edit any personal information retained about you using the Touchoo Service or Mobile App, or, if required, by contacting Touchoo through electronic mail at privacy@touchoo.com.

4.6      How Can You Remove All The Information Retained About You? You can contact Touchoo directly by electronic mail at privacy@touchoo.com and request to remove all the personal information relating to you. Please note that when removing all information, may request that you prove your identity.

4.7      What Can You Do If You Think That Your Privacy Was Violated? If you think that your privacy was violated, you may contact Touchoo directly at Privacy Matters, Touchoo Ltd., 39 Rokach St., Ramat-Gan, Israel, or by email at Privacy@touchoo.com; Touchoo shall inspect your complaint and reply promptly.

5            Fraud Prevention Measures: Touchoo may activate fraud prevention measures, such as monitor usage, remove BookApps or terminate any subscription in case it finds that your use of the services was unauthorized or when you performed any illegal activity, chargebacks or otherwise circumvented Touchoo’s copy-protection mechanisms.

6            Licenses: Touchoo hereby grants You a limited, personal, non-sub licensable, non-assignable,  non-transferable, non-commercial, non-exclusive, temporary, revocable license, all with accordance with the terms set forth and other legal restrictions set forth when purchasing specific BookApps to use any Touchoo Software or BookApp you licensed, for the specific license term and solely on your Mobile Device(s).

6.1      Limited: You may use Touchoo’s Software or BookApps for your own personal use and solely on Mobile Devices where you are their proprietor. You cannot amend, alter or otherwise create any derivative work of the Touchoo Software or BookApps.

6.2      Personal & Non-Sub licensable: You may not allow any 3rd party to use Touchoo’s Software or BookApps nor may you use the Software or BookApps for any commercial purpose (for example, you cannot publish screenshots from the Touchoo BookApps in your website in order to promote your business or resell the audio track from any BookApp as an independent product). You may not sublicense, lease, rent or otherwise allow 3rd parties to use Touchoo’s Software or BookApps, or any portions thereof.

6.3      Non Assignable & Non-Transferable: You may not assign or transfer your rights and duties under this license.

6.4      Non-Commercial: You may not use Touchoo’s Software or BookApps for commercial purposes. For the purpose of this license, “commercial purposes” means that a 3rd party has to pay in order to access Touchoo’s Software or BookApps or any part thereof. For example, you cannot charge other people to use the Touchoo BookApps on your Mobile Device(s).

6.5      Non-Exclusive: Your license is granted on a non-exclusive basis. Nothing in this license shall limit Touchoo from licensing, conveying, assigning, transferring or otherwise contracting any party in regards to Touchoo’s Software or BookApps.

6.6      Temporary: Touchoo’s license is granted for a limited amount of time, as presented to you when you licensed Touchoo’s Software or BookApps.

6.7      Revocable: Touchoo may revoke this License at any time, and may terminate it in any case where these Terms are terminated by You or by Touchoo.

6.8      Touchoo’s Trademarks: Touchoo shall retain full title in Trademarks, and any trademarks and tradenames contained, including Software’s names, logos, and all other intellectual property. Unless specifically stated in this license, no license shall be made to use, associate or affiliate Software in any manner.

6.9      Upgrades, Updates and Fixes: Touchoo may provide you, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. You hereby warrant to keep software up-to-date and install all relevant Updates and Fixes, and may, at your sole discretion, purchase Upgrades, according to the rates set by Touchoo. Touchoo shall provide any Update or Fix free of charge; however, nothing in this Agreement shall require Touchoo to provide Updates or Fixes.

6.9.1     Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, Should Licensee purchase Software under version 1.X.X, an Upgrade shall commence under number 2.0.0.

6.9.2     Updates: for the purpose of this license, an Update shall be a minor amendment in Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, Should Licensee purchase Software under version 1.1.X, an Update shall commence under number 1.2.0.

6.9.3     Fix: for the purpose of this license, a Fix shall be a minor amendment in Software, intended to remove bugs or alter minor features which impair the Software’s functionality. A Fix shall be marked as a new sub-sub-version number. For example, Should Licensee purchase Software under version 1.1.1, a Fix shall commence under number 1.1.2.

6.10  Support: Touchoo’s Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Touchoo to provide You with support or fixes to any bug, failure, miss-performance or other defect in Software.

6.11  Bug Notification: You may provide Touchoo of details regarding any bug, defect or failure in Software promptly and with no delay from such event; when doing so, and in order for Touchoo to obtain information, You shall need to comply with Touchoo’s reasonable requests for information regarding the said bugs, defects or failures and furnish Touchoo with information, screenshots and try to reproduce such bugs, defects or failures.

6.12  Feature Request: You may request additional features in Software, provided, however, that (i) You shall waive any claim or right in such feature should such a feature be developed by Touchoo; (ii) You shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Touchoo or any 3rd party which may be, following the development of such feature, in direct competition with Touchoo; (iii) You warrant that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) You developed, envisioned or created the feature solely by yourself.

6.13  Liability:  To the extent permitted under Law, the Software and BookApps are provided under an AS-IS basis. Touchoo shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by You as a result of any Software or BookApp’s  actions, failure, bugs and/or any other interaction between Software  and Your end-equipment, Mobile Devices, computers, other software or any 3rd Party Software, end-equipment, computer or services.

6.14  Warranty:  Touchoo hereby warrants that the software does not violate or infringe any 3rd party claims with regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.

6.15  No-Warranty: Software is provided without any warranty; Touchoo hereby disclaims any warranty that Software shall be error free, without defects or code which may cause damage to your computers or to yourself, and that Software shall be functional. You shall be solely liable to any damage, defect or loss incurred as a result of operating Software and undertake the risks contained in running Software on your Mobile Device.

6.16  Prior Inspection: You hereby state that you inspected Software thoroughly and found it satisfactory and adequate to your needs, that it does not interfere with your regular operation, and that it does meet the standards and scope of your computer systems and architecture.

6.17  No Refunds: You warrant that you inspected Software and that it is adequate to your needs. Accordingly, as Software is intangible goods, You shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if Software contains material flaws.

7            Liability: For no case and for no reason shall Touchoo be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any other user or any 3rd party due to its misperformance of duties herein. Touchoo provides Service on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: your credit on the Touchoo service, virtual property, reputation and business reputation, user account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use Touchoo services.

8            Warranty: Touchoo does not warrant for Service and supplies it on an “as-is” and “as-available” basis. Your Use of Service is at your own risk and under your liability. Touchoo makes no warranty that (i) the Service will meet your requirements and (ii) the Service will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the Use of the Service will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained by You through Service will meet your expectations, or (v) any errors in the Service will be corrected. Moreover, you hereby acknowledge that the Service is in Beta stage and that it is currently under development. You acknowledge that the Service may be flawed and that some errors may occur.

9            Availability and Maintenance: Touchoo might disable the Touchoo Service from time to time for scheduled backups, maintenance or upgrades. In such case, Touchoo shall notify you, through electronic communication, up to 48 hours prior to each scheduled downtime. However, in some extreme cases, where urgent maintenance is required, Touchoo may disable the service immediately and without notice.

10        Support: Currently, and due to the early stage of the Touchoo service, support is only provided by Electronic mail and during regular business hours at support@touchoo.com.

11        General:

11.1  Amending these Terms: Touchoo may amend these terms from time to time, provided that you shall be informed through electronic communication on such amendment and shall be granted to option to terminate your agreements with Touchoo by providing a 30 days prior written notice and removing your accounts.

11.2  Terminating service: Touchoo shall have the right to terminate your use of the Touchoo service or to terminate the Touchoo service at any time and by providing a 30 day prior notice. However, Touchoo may terminate your use of the Touchoo service at any time and with no prior written notice in any case where you breached these terms and such breach may cause Touchoo irreparable harm. Moreover, Touchoo may terminate your service if you (i) became insolvent or otherwise entered into any liquidation process; or (ii) exported any of Touchoo’s intellectual property to any jurisdiction where Touchoo may not enforce its rights under this agreements in; or (iii)  were in breach of any of these terms and conditions and such breach was not cured, immediately upon notification; or (iv) otherwise entered into any arrangement which caused Touchoo to be unable to enforce its rights under these Terms.

11.3  Independent Contractors: The parties enter into these terms as independent contractors. Nothing in these terms shall create any employee-employer relationship, partnership, joint venture, equity holdings or any other legal construction.

11.4  Severability: If any provision of these terms shall be held unenforceable by any competent legal authority, it shall not limit the other provisions of these terms.

11.5  Governing Law, Jurisdiction: These terms shall be solely governed by the laws of the state of Israel and any dispute arising from it shall be solely brought to the competent courts of the Tel-Aviv district. You hereby warrant and undertake not to initiate any class action lawsuit against Touchoo, any merchant or user of the service, for any cause and to solely seek your own damages.

 

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