1. Services provided by Touch-File.
According to the terms and conditions of the Agreement, Touch-File offers its Users certain Services. In this Agreement:
- a "User" (or “Users”, or "you") is/are the individual/individuals or business entity/entities (including all employees and agents) that currently use or open an account online to use the Services;
- Touch-File "Services" are all electronic or interactive services offered by Touch-File to its Users. Touch-File has the right to change or discontinue any of the Services at any time without prior notice to its Users.
2. Touch-File ownership.
You hereby understand and agree that all data (except materials uploaded by our Users) that can be found at our Website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (further referred collectively to as "Materials"), are granted by Touch-File or by our third party authors, developers and vendors (further referred collectively to as "Third Party Providers"). The Materials in question and the corresponding intellectual property rights are owned by Touch-File and/or Third Party Providers mentioned above. All elements of our Website are protected by trademark and other laws. It is forbidden to copy or imitated them wholly or partially without prior owner’s permission. Touch-File, its logo and any products are trademarks of Touch-File. They all are registered in proper jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their owners (our Third Party Providers).
3. User Information from Touch-File.
As our User you agree and warrant that the contact information you provide in Touch-File forms is true, updated, accurate, and complete. You agree to alter and update the contact information in question to ensure that it is true, updated, accurate, and complete. In case we find out that any information provided by our User is untrue, inaccurate, not updated or incomplete, Touch-File has the right to suspend or terminate the User's account as well as this Agreement.
4. User Data at Touch-File.
As our User you bear sole responsibility and liability for the Materials that you store at Touch-File's servers. Every User has access to his/her data through a unique generated link. You hereby agree to archive your data regularly and frequently and have full responsibility for any lost or irrecoverable data. You hereby agree to check that your data is in compliance with current legal obligations. You understand that Touch-File deletes all User data upon termination of current Agreement. However, Touch-File has a right to retain any User data in its archives and we will not be liable to any User in any way for the data retaining.
5. Legal Touch-File Use and Website Access
Touch-File strictly forbids site content or data transmission if they contain any illegal, abusive or obscene material or if they fosters or promotes any illegal activity, including but not limited to any Materials that violate legislation or promote any legislation violation.
We respect copyright and pursue the policy of:
- Blocking User’s access to or removing the Materials that we believe to be copyrighted data that have been illegally copied, used and distributed by you or any our User;
- Removing and discontinue service to offenders who tend to ignore copyright repeatedly.
It is strictly prohibited for all Users to store at our servers or post at our Website any adult content. All Materials of explicit or pornographic nature are considered to be adult content. Touch-File has the right of determining adult content and immediately suspending or terminating data transmission that violates ‘no adult contents’ policy, without prior notice to the User.
5.1 Child Exploitation
Touch-File fully cooperates and provides all ads with any criminal investigation in case any our User violates any act of law concerning child exploitation, including child pornography. Touch-File always cooperates with law enforcement if any criminal violation is found. Touch-File discloses all information available to Touch-File including but not limited to personally identifiable data contained in User's profiles, folders, transmissions, communications, passwords etc. Any User involved in criminal investigation is permanently removed from our Users and if forbidden to use our service.
5.2 Wrongful Conduct
We deeply respect your privacy and expect you to do the same regarding our company and third parties. Users are forbidden to commit or permit any wrongful or damaging acts including, but not limited to, uploading and making public any defamatory, scandalous, or private information that can inflict emotional distress about any person without his/her written consent.
5.3 Touch-File Access and Interference
It is strictly prohibited to violate or attempt to violate Touch-File systems or to interrupt Touch-File services. Such behavior may result in criminal and civil liability because Touch-File has the right of defending its privacy and copyright.
Examples of system violations include (but are not limited to), all the points enumerated below without limitation:
- Unauthorized access to Touch-File, unauthorized use of Touch-File Services (e.g. attempts to probe, scan or test the vulnerability of a system; attempts to breach security or authentication measures without express authorization of Touch-File);
- Interference with Touch-File Services, Users or network including (but not limited to) flooding, conscious action aimed at overloading our system and committing unauthorized broadcast attacks;
- Unauthorized use of any device or software aimed at disruption of proper functioning of Touch-File Services;
- Making any other unauthorized action that leads to unreasonably large load on Touch-File's infrastructure and disrupts usual working mode.
5.4 Touch-File Copyright or Trademark Infringement
Our Users can use all Touch-File Services for lawful purposes only. Transmission, distribution or storage of any Materials that violate any applicable law or regulation without limitation (including export control laws, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights), is strictly prohibited. If you use any third party material, please obtain prior written permission and authorization!
By using our Services, you state and guarantee that you are the author and copyright owner and/or proper licensee of any hosted content. You also state and guarantee that that no content you upload, post and store at our servers violates the trademark or rights of any third party. Touch-File has the right of suspending or terminating any User's transmission(s) if we find out that it, in Touch-File's discretion, violates our policies, these Terms and Conditions or any applicable law or regulation.
5.4.1 DMCA Compliance
Touch-File is not a United States registered entity. We do not assent to and do not submit to jurisdiction in the United States. Nevertheless, Touch-File is aimed at protecting the rights of copyright holders around the world. Therefore, wecomply with the Digital Millennium Copyright Act of the United States, 17 U.S.C. § 512 (“DMCA”) and all its provisions. In case any User of our Website infringes the DMCA repeatedly, Touch-File will deny his/her Website access in accordance with Touch-File's DMCA Policy.
Touch-File has the right of taking any necessary measures in its sole and absolute discretion to terminate the Website access to Users who infringe the third parties’ intellectual property rights. Touch-File also has the right to remove, delete, or deny access to materials, data, or files which are believed to beinfringing materials.
If you believe that any Website User has infringed your intellectual property rights or right of any third party, please notify Touch-File's Copyright Agent in written form! Make sure you provide the following data:
(a) A sample of physical or electronic signature of the owner or the person authorized to act on behalf of the owner of the intellectual property right.
(b) Some data for identification of the intellectual property that is infringed.
(c) A detailed description of the infringed material – enough facts to locate it, including its unique URL.
(d) Your current address, telephone number, and email address.
(e) A short written statement confirming the fact that you have a good faith belief that the person using the infringed material is not authorized by the intellectual property rights owner, its agent, or the law.
(f) A short written statement, made under penalty of perjury, confirming the fact that the above information is accurate and that you are the owner or the person authorized to act on behalf of the owner of the intellectual property rights of the materials in question.
Please, contact our Touch-File's Copyright Agent at this address:
5.4.2 Touch-File Subpoenas
5.5 Other Activities of Touch-File
5.5.1 Touch-File Fair Use Policy
Touch-File offers its Users a wide range of Services including unlimited uploading. Nevertheless, it is forbidden to use our servers for file storage. We have the right to restrict or deny service to any User who requires unreasonable amount of storage resources and thus oppresses other Users.
Users who are noticed to use unreasonable amount of storage resources repeatedly will be notified and asked to stop misusing our servers prior to suspension or termination of their accounts. If the server misuse continues, Touch-File has the right to terminate or suspend such accounts without prior notice.
6. Touch-File No Warranty
You expressly agree that your use our Website and our Services at your risk and discretion. Touch-File Services are provided "as available". Touch-File and any and all of its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Touch-File and its suppliers are not responsible for the accuracy, reliability, completeness, or timeliness of our Services, software, or content. Touch-File makes no warranty that our Service will meet your requirements and fit your particular purpose; that the Services in question will be uninterrupted, timely, secure, or error-free; that the results coming from the use of the Services will be accurate or reliable; that the quality of any products, service, information, or other material purchased or obtained by you through the Website or our Services will meet your expectations; and that any errors in the software will be corrected. You agree that any Materials downloaded or otherwise obtained through the use of the Website and our Services and applied by you in any way are your own responsibility in case they damage your computer system or result in loss of data. We do not warranty that any advice or information, whether oral or written, obtained by you from us or through the Website or from our Services shall create any warranty that is not expressly stated in this Agreement.
7. Touch-File Indemnity
You hereby agree to defend, indemnify, and hold harmless Touch-File, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including (without limitation) all legal fees arising or resulting from your use, or use by your authorized account sub-users, of our Services, or resulting from your breach of this Agreement or other policies, terms and conditions pursued by Touch-File.
8. Touch-File Limitation of Liability
Your hereby agree that you use Touch-File Website and Services at your own risk. If you are dissatisfied with any of our Services or if you disagree with any terms & conditions, or any rules or policies pursued by the company, your should discontinue using the We site and our Services immediately.
You expressly realize and agree that Touch-File is not liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses even in case we have been informed of the possibility of such damages, that result from:
- the use or the inability to use the Website and our Services;
- purchase of substitute goods and services resulting from the Website and our Services use;
- unauthorized access to or unplanned changes of your transmissions or data;
- actions or conduct of any third party found through the Website and our Services;
- any other affairs and decisions connected to the Website or Service use.
9. Modifications to Agreements, Policies or Touch-File Services
Touch-File has the right to modify, update, or change this Agreement at any time without prior notice to Users. Please review our Terms, Conditions and Policies regularly to make sure that you agree with them. If you disagree with any point, or you would like to have all your data removed from our servers, please contact us via the standard Contact Form that can be found on the Website.
Touch-File has the right to modify or discontinue our Services at any time, either temporarily or permanently, with or without prior notice to you. We are not liable to you or any third party for any modification, suspension or discontinuance of our Services.
9.1 All User’s rights and Touch-File's provision of Services under this document terminate immediately Upon termination of this Agreement by either side.
This Agreement is construed in accordance with and governed by the laws of the United States of America.
10.1 Touch-File Exceptions
This Agreement is the main regulation between Touch-File and its Users with respect to the subject matter hereof, but for other agreements or terms posted on the Website.
Touch-File Additional Information
In case you have any questions relating to our Legal Agreements and this Agreement, please use our standard Contact Form to direct it to Touch-File.com.