Welcome to TouchActive.
We request that you carefully read these Terms & Conditions (“Conditions”) before using the services from BCNTOUCH S.L.
By using the existing and future services of TouchActive, you accept and are held by these Conditions. If you use the services as part of an organization, you are accepting the Conditions in the name of said organization and are confirming your authority to represent it and make it liable to the Conditions.
BCNTouch reserves the right to stop, suspend or modify the services or any related content without prior warning.
These Conditions do not give any right or title to the services or software or content provided by BCNTouch.
The software and technology used to provide the services are protected by copyright, registered trademarks and other Spanish and international laws.
These Conditions do not concede any right to use any trademarks belonging to BCNTouch, including: TouchActive, logos, domain names or other characteristic marks.
By using your TouchActive account you will be responsible for maintaining confidential your data, your account password, and avoiding access to your computer or mobile device to avoid potential unauthorized use of your account. As a User you accept the liability for all activity performed via your Account. In the event that you beleive your password has been disclosed to third parties or subject to unauthorized use you should communicate the fact to BCNTouch S.L. by email using email@example.com
The contact information in your account should be kept up to date and changes notified promptly. You can access your information and update it using the “My Account” section of the web site. BCNTOUCH S.L reserves the right to cancel accounts, deny access to the web site and eliminate or modify content at will in the case where a user makes inadequate use of their account or the content.
Access from public or shared computers
In the case that you use your TouchActive account from a shared or public computer, we recommend that you log out from the account when done.
By using the services you provide information, whose ownership remains unaltered, but BCNTouch may use it in order to operate the service and to store your data in a secure manner. This is extended to our service providers (Google).
BCNTouch will make the utmost effort to provide uninterupted service and without error. However, due to the nature of the Internet and mobile connections this cannot be fully guaranteed. Periodically there may be temporary limitations or suspension of the services for the purpose of maintenance or repair or the addition of new services. In these cases BCNTouch will attempt to minimze the impact on users.
Important: The software and services are provided “as-is” and are installed and used at your own risk, without any explicit or implied warranty. BCNTOUCH does not provide any guarantee of the suitability of the services for any particular use or need. BCNTouch will not be held responsible for any damage caused to IT systems, electronic devices or the loss or corruption of data resulting from access to or use of the TouchActive services or Software.
Software and Updates
The use of some of the TouchActive services require the download of a software package to a mobile device (“Software”). BCNTouch provides a limited, non-transferrable software license to the Software for the sole purpose of using the TouchActive services. The End User License Agreement will automatically be broken if these Conditions are violated in any way that affect the Intellectual Property of BCNTouch.
BCNTouch reserves all rights, even when not explicitly stated in these Conditions. User of the service or Software will not perform any reverse engineering on them, or decompile the Software nor attempt to nor help another to do the same.
The TouchActive services and software may perform automatic updates of the Software when newer versions become available.
Rights and responsibilities
The user is the only one responsable for their conduct and for maintaining and protecting their content and communications with other users. BCNTouch has no obligation to monitor any information in the service, and is not responsable in any way for the appropriateness or legality of the content of its users, nor for the loss or corruption of the same nor for any costs that maybe incurred in the recuperation of user content.
BCNTouch authorizes access to the web site to share personal content, but does not authorize the modification of content of third parties, nor to download or copy account information, nor the use of robots for the search and extraction of data without prior written consent of all parties involved.
It is strictly prohibited the reproduction, backup, copy, sale, re-sale or exploitation of any service or software associated with TouchActive for commercial purposes, without prior written consent. Any unauthorized use of commercial brands, trademarks, logos, protected or confidential information will lead to the suspension of the services by BCNTouch.
BCNTouch provides a non-exclusive, revocable, limited right to create and share hyperlinks that points to a web page containing products or lists created by a user or brand.
Each user is responsible for all electronic communication and content shared from their TouchActive account.
- The platform may not be used for:
- Any fraudulent or illegal activity.
- Sending, using or reusing any content that is illegal, offensive, abusive, undecent, obscene or threatening in any way or that implies a violation of copyright, trademarks, confidentiality, privacy or any other rights.
- Sending content that has a software virus, political propagranda, advertising, massive email sending or any other type of “spam”
- Causing any other type of greivance or inconvenience.
Users can not use the TouchActive service to cause any damage, degradation or interuptions of the service.
Users may not transfer or cede any of the rights in these Conditions. Any attempt to do so will be null and void. BCNTouch may transfer or cede its rights to any of its filliates or subsidiariues, or any successor associated with the provision of the services.
Sharing: Opinion, comments, messages and other content
It is recommended that you the user consider carefully the content that you share or make public.
BCNTouch is not liable for your activity. The users are the only ones legally liable for what they copy, share, upload or download using the service.
TouchActive users may publish and share opinions, comments, content and send messages, suggestions, ideas, comments, questions, answers or other content while the content is not illegal, obscene, abusive, threatening, invades privacy, infringes intellectual property laws or is disagreable in any other way for third parties. The content can not contain software viruses, spyware or any other malicious software, political propaganda, advertising, massive email sending, or any other type of "spam".
The use of false e-mail addresses, taking on anther's identity or lying regarding the source of content is prohibited. BCNTouch reserves the right to eliminate or modify such content.
By making public any content in TouchActive the user provides to BCNTouch a non-exclusive, free and transferrable right to use, modify, exploit derivative works, distribute and sample said content worldwide in any medium including the right to use the name used by the user.
Please take into account, given that we appreciate the opinions of our users regarding our service, that BCNTouch may use your comments and suggestions regarding the service without the implication of any obligation from BCNTouch to you.
The user declares and guarantees that the contebt is accurate and that it does not enter into conflict with the policies and Conditions of BCNTouch and that it does not prejudice any person or entity. The user accepts to exonerate BCNTouch of all liability regarding complains from thrid parties against BCNTouch caused directly or indirectly due to not meeting these guaranties.
BCNTouch cannot review the content included in TouchActive, nor any related comments. If you beleive that any content could be considered slander we request that you communicate it immediately to firstname.lastname@example.org. After analysis of the content pertinent actions will be taken to eliminate slanderous content in a reasonable time.
Important warning: providing false, misleading or incorrect information in any message or warning can lead to civil or penal liabilities. If you have any doubt regarding this, please consult a legal adviser.
Copyright, Intellectual Property and Data Protection
All content forming part of TouchActive, such as logos, images, texts, collections of data or software, graphic and icons belong to BCNTouch or its content providers and is legally protected by under Spanish and international intellectual property law, copy right law and data protection laws.
All software used in the TouchActive platform belongs to BCNTouch or its providers and is protected under Spanish and international copyright and intellectual property law. The systematic extraction of data, use of robots or tools to extract data, creation or publication of databases that have substantial data from TouchAtcive is prohibited without the express written consent of BCNTouch.
Intellectual Property complaints
BCNTouch respects the intellectual property of third parties and requests that its users do the same. If you beleive that your intellectual property rights are being infringed, we request that you communicate the fact to us as soon as possible at email@example.com
BCNTouch reserves the right to eliminate or disable content that infringes intellectual property and to cancel the accounts of the infringing users.
BCNTOUCH S.L and TouchActive and their related logos are registered trademarks or commercial brands of BCNTouch in the European Union and/or in other juristdictions. The trademarks and commercial image cannot be used in products or services that do not belong to BCNTouch. They cannot be used to cause confusion among users nor to discredit or criticize BCNTouch.
Other registered trademarks which do not belong to BCNTouch and which appear in TouchActive belong to their respective owners, who may or may not be related to BCNTouch.
Price and Availability
The prices and availability of brand products in TouchActive are set by the owning brand. The exactitude of this data is the responsibility of the owning brand.
In the case of products created by users, the prices are estimated based on data provided by the users.
Unless otherwise stated, all prices include VAT.
The TouchActive services are not intended for users under the age of 14. By accepting these Conditions you are confirming that you are 14 years old or more.
If you are under the age of 14 your parents or guardian should contact BCNTouch by sending an e-mail to firstname.lastname@example.org giving consent to your use of TouchActive. In the case that content belonging to a person under age is detected, steps will be taken to eliminate the content and the user account.
Third party products
TouchActive services and content may contain links to webs or third party resources of which BCNTouch is not responsible in any way.
Given that you the user are the only responsible for the use of such third party sites and resources we suggest that you review carefully their privacy statements and Terms and Conditions.
BCNTouch will not be liable for revising, qualifying, guaranteeing or approving offers from any other company or individual nor for the content of its web sites.
BCNTouch can share personal content with the third party for the purpose of performing a transaction requested bu the user.
On each access to TouchActive or sending of email you will be communicating with BCNTouch. For the purpose of this contract, you accept to receive message from BCNTouch and understand that all contracts, warnings, and other alerts that are sent by electronic means comply with the same legal requirements as if they had been sent by written means.
Under no condition will BCNTouch, its affiliates employees, agents, providers or licensees be held liable for any direct or indirect damages (including the loss of data) nor for complaints related to any paid services beyond the last month of payment.
BCNTouch will not be held responsible for any loss of business nor any other indirect loss or consequence.
Modification of service or Conditions
BCNTouch reserves the right to make changes to its web site, policies and these Conditions at any time and the user will be held to the Conditions in place at the time of use of the service. Any modifications will be published on the web site, and communicated upon mobile application updates. In the case it is considered appropriate, due to considerable or important changes, a notification will be sent to users by email if they have an email address associated with their account.
Once changes are made, the use of the service by the user implies the acceptance of the new Conditions and they will be held to them. In the case that you are not in agreement with the Conditions we request that you do not use the service.
In the case that any clause is invalidated for any reason, beyond the control of BCNTouch, the rest of the clauses will remain in vigor. If any clause is not applicable for any reason, a suitable replacement clause will be sought, that reflects the intention of the initial clause as far as possible.
Acts of god
BCNTouch will not be held liable for not complying with its obligations when the failure is due to Conditions outside our reasonable control.
In the case of non compliance with these Conditions by a user, BCNTouch reserves the right to take action at the moment it considers appropriate, without the requirement that the action be taken immediately, despite having decided against action previously. The fact that BCNTouch cannot force compliance at a given time does not imply that it renounces the right to do so at a later date.
The users may cease to use the services of TouchActive at any time. BCNTouch reserves the right to suspend or cease the services at any time, with or without cause or prior warning. For example, in case of not meeting these Conditions or improper use of the service.
In the case of suspending the services BCNTouch will attempt to provide prior warning and help users to recuperate their data, except in the case of improper use in which case the services maybe suspended without prior warning.
The export and re-export of the Software may be controlled by the European Union Export Administration Regulations. The Software may not be used in Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the UN. If you are a resident or national of, or a business located in, any of those countries, you may not download or use the Software. In addition, the Software may not be distributed to persons on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals.
Law and Jurisdiction
These Conditions and the use of the services and software are under Spanish law. All complaints related to these Conditions of the software and services will be litigated in the courts of Barcelona, Spain and both parties agree on this and the jurisdiction.
These Conditions constitute the entire agreement between you as a user and BCNTouch regarding the service and substitute any other Conditions applicable to the Software and services.
TouchActive is the commercial name of the platform provided by BCNTouch S.L.
Our services are operated by Google, hence the service Conditions of Google should also be taken into account.
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