Terms of Service
Welcome to Touch App, which is provided by Touch Social Media Network Yazılım Geliştirme ve Ticaret Limited Şirketi (“Touch”, “We”, “Us”) and our affiliated companies (“Affiliates“). We are registered in Turkey under company number 25828 and have our registered office at KESTEL MAH. KÖKLEME CAD. NO: 9B ALANYA / ANTALYA. To contact us, please send an email to firstname.lastname@example.org, write to us, or call us on 0090 242 505 9777
We have drafted these Terms of Service (“Terms”), to let you know the rules that govern our relationship with you as a user of our Services, consisting of our platform, related websites, services, applications, products and content. In other words, these Terms form a legally binding contract between you and Touch. By using Touch, or any of our other products that are subject to these Terms, you agree to the Terms. So please read them carefully, and if you do not agree to these terms, you must not use Touch and related services.
- Changes to the Terms
We reserve the right to amend these Terms from time to time. While we will generally notify all users of any material changes to these Terms together with the effective date, please regularly check the Terms for such changes. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
- Other Terms and Conditions
These Terms refer to the following additional terms, which also apply to your use of Touch and Services:
- Who can use our Services
No one under the age at which one can provide consent to data processing under the laws of their country is allowed to create an account or use the Services. If you are under 18, you may only use the Services with the prior consent of your parent or legal guardian. By using the Services, you represent, warrant, and agree that:
- you are forming a binding agreement with Touch,
- you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.
If you are using the Services on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity.
- Ownership of Services
Touch is the owner of the Services, including all proprietary content, information, material, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, and music of the Services and all related intellectual property rights. Use of the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our prior written consent. We reserve all rights not expressly granted in and to their content.
- Your license
- Our License
When you create, upload, post, send, receive and store content by using the Services, you retain your ownership rights in that content, but you also grant us a license to use that content in accordance with the following:
By submitting content to Touch, you grant us a worldwide, royalty-free, sub-licensable, and transferable licence to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyse, transmit, and distribute that content, for the purposes of operating, developing, providing, promoting, and improving the Services, and to share your content with our affiliates, business partners and service providers with whom we have contractual relationships for the sole purpose of providing such Services.
You acknowledge and agree that we may generate revenues or otherwise increase our value from your use of the Services, including through the sale of advertising, sponsorships, promotions and usage data. The license you grant to us means, among others, that you will not be compensated or share in any such revenue if your content is used by us, our affiliates, business partners and service providers in the manner described above. To the extent permitted by law, you waive any moral rights or equivalent rights you may have in content you share on Touch.
- User Content
By agreeing to these Terms, you acknowledge and agree that we make no representations, warranties or guarantees, whether express or implied, that any user content is accurate, complete or up to date, nor we have any obligation to monitor, review, or edit any content posted by you and other users on the Services.
- Third Party Resources
Where our Services contain content, data, information, applications, features or materials from third parties or links to other third party sites, these are provided for your information only. We have no control over, nor do we endorse or warrant their contents, and are not liable for third party actions taken under their respective terms.
- Additional Terms for Specific Services
If you use specific Services subject to additional terms that will be made available to you, by using such Services, those additional terms become part of these Terms of Service and prevail in case of conflict with these Terms.
- Your Access to and Use of Our Services
By using Touch Services, you must adhere to these Terms, our Guidelines, Policies, as well as other guidelines published by Touch and our Affiliates. To this effect, you may not do or attempt to do any of the following:
- Use the brand, logos, icons, user interface elements, designs, photographs, videos, or any other materials available via the Services, except as explicitly allowed by these Terms, our Guidelines, Policies, as well as other guidelines published by Touch and our Affiliates;
- Violate our and others’ intellectual property rights;
- Copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services or the content on the Services, other than temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, or as enabled by Touch’s intended functionality;
- Create another account if we have already disabled your account, buy, sell, rent, or lease access to your account, or a username;
- Post content that violates the confidentiality of another person’s personal information or personally identifiable information without that person’s knowledge or consent;
- Impersonate another person or otherwise misrepresent yourself or your affiliation with any person or entity, spread false information or otherwise engage in deceptive practices;
- Intimidate, abuse, bully, threaten, harass, defame others, or promote sexually explicit material, violence, illegal activities or discrimination;
- Use the Services in a manner that may create a conflict of interest or undermine the purpose and mission of Touch;
- Reverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying idea or algorithm), or otherwise extract or regenerate the source code of the software of Touch;
- Use any automated means or interface to access the Services or extract other users’ information;
- Use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent;
- Undermine our security and reliability in any way, including through hacking Touch app or website, or distributing malicious or harmful files;
- Violate any applicable law or regulation in connection with your access to or use of the Services;
- Access or use the Services in any way not expressly permitted by these Terms or our Guidelines, Policies, as well as other guidelines published by Touch and our Affiliates.
- Intellectual Property Rights
We respect intellectual property rights and ask you to do the same. By accessing Touch and using its Services, you agree to the terms of our Copyright Policy.
You agree to defend, indemnify, Touch, its subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, due to, arising out of or relating in any way to your access to or use of the Services, ; your content, including infringement claims related to your content; your breach of these Terms or any applicable law or regulation; or your negligence or wilful misconduct.
Any dispute you have with any third party arising out of your use of the Services, including, by way of example, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably indemnify and hold harmless Touch, its subsidiaries, Affiliates, and each of their respective officers, directors, employees, and agents from any and all claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes to the fullest extent permitted by law.
- Exclusion of Warranties
WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE. OUR SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE;
- YOUR USE OF THE SERVICES WILL BE TIMELY OR FREE FROM ERROR;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
WE DO NOT WARRANT THAT OUR SERVICES WILL BE SECURE OR FREE FROM BUGS OR VIRUSES. YOU ARE RESPONSIBLE FOR CONFIGURING YOUR INFORMATION TECHNOLOGY, COMPUTER PROGRAMMES, PLATFORM AND ANTI-VIRUS SOFTWARE TO USE OUR SERVICES.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED.
- Limitation of liability
TOUCH SOCIAL MEDIA NETWORK YAZILIM GELIŞTIRME VE TICARET LIMITED ŞIRKETI AND OUR AFFILIATES, DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES; (B) YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICES; (C) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO TOUCH WITHIN THE LAST 12 MONTHS.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE LIABILITY OF TOUCH SOCIAL MEDIA NETWORK YAZILIM GELIŞTIRME VE TICARET LIMITED ŞIRKETI OR ITS AFFILIATES’ LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY THE APPLICABLE LAW, IN PARTICULAR, DEATH OR PERSONAL INJURY ARISING FROM THEIR OWN RESPECTIVE INTENT OR NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY OTHER LIABILITY TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.
NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.
- Governing Law and Dispute Resolution
These Terms, their subject matter and their formation, are governed by the laws of the Republic of Turkey as may be amended from time to time, subject only to any applicable mandatory law in the country in which you reside. Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms, their subject matter and their formation are subject to the exclusive jurisdiction of Turkish courts, unless this is prohibited by the laws of the country in which you reside.
If any provision of these Terms is deemed to be invalid or unenforceable by the court of a competent jurisdiction, then that provision will be removed from the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
- Entire Agreement
These Terms constitute the whole legal agreement between you and us and govern your use of the Services and completely replace any prior agreements between you and us in relation to the Services.
- Contact Us
You can reach us at:
or write to us at:
TOUCH SOCIAL MEDIA NETWORK YAZILIM GELİŞTİRME VE TİCARET LİMİTED ŞİRKETİ
KESTEL MAH. KÖKLEME CAD. NO: 9B ALANYA / ANTALYA TURKEY