Welcome to our application (the “App“). This App is published by or on behalf of TouchBase FUNducate LLC. (“TouchBase” or “We” or “Us“) a company registered in Ohio.
- GENERAL RULES RELATING TO CONDUCT:
We are offering you this App to use for your own personal use, but you should be aware that you cannot send it on to anyone else, and you're not allowed to copy, or modify the App, any part of the App, or our trademarks in any way. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. You're not allowed to attempt to extract the source code of the App, and you also shouldn't try to translate the App into other languages, or make derivative versions. The App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to TouchBase; FUNducate LLC. When you use the App you must comply with all applicable USA laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”). In particular, but without limitation, you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
You agree to indemnify TouchBase, FUNducate LLC and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to TouchBase, FUNducate LLC. or its group companies. All rights are reserved. The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by TouchBase, FUNducate LLC. or its group companies or third party partners of TouchBase, FUNducate LLC. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of TouchBase, FUNducate LLC. or the relevant group company or the relevant third party partner of TouchBase, FUNducate LLC..
At some point we may wish to update the App. The App is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you'll need to download the updates if you want to keep using the app. TouchBase does not promise that it will always update the App so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
If you're using the app outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you're accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you're using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
- LINK TO THIRD PARTIES:
The App may contain links to Apps operated by third parties (“Third Party Apps“). TouchBase, FUNducate LLC. may monetise some of these links through the use of third party affiliate programs. Notwithstanding such affiliate programmes, TouchBase, FUNducate LLC. does not have any influence or control over any such Third Party Apps and, unless otherwise stated, is not responsible for and does not endorse any Third Party Apps or their availability or contents.
The App processes personal data that you have provided to us. It's your responsibility to keep your phone and access to the App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the App won't work properly or at all.
- DISCLAIMER / LIABILITY:
Use of the App is at your own risk. The App is provided on an “as is” basis. To the maximum extent permitted by law: (a) Touchbase, Funducate LLC. Disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the App; and (b) terms and conditions relating to the App (whether implied by statue, common law or otherwise), including (without limitation) term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non infringement, information accuracy, interoperability, quiet enjoyment and title are, as between Touchbase, Funducate LLC. and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the App; or any damage or injury to users or their equipment as a result of or relating to their use of the App. Your statutory rights are not affected.
- SERVICE SUSPENSION:
TouchBase, FUNducate LLC. reserves the right to suspend or cease providing any services relating to the Apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
- ADVERTISERS IN THE APP:
We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not TouchBase, FUNducate LLC., is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
These Terms (as amended from time to time) constitute the entire agreement between you and TouchBase, FUNducate LLC. concerning your use of the App. TouchBase is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of TouchBase, FUNducate LLC.
These Terms shall be governed by and construed in accordance with USA law and you agree to submit to the exclusive jurisdiction of the USA Courts.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
TouchBase, FUNducate LLC.'s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TouchBase, FUNducate LLC. in writing.
- CONTACT US:
You can contact the TouchBase, FUNducate LLC. team at TouchBase, FUNducate LLC. P.O. Box 98571 Robins AFB, GA 31098, email: P.O. Box 98571 Robins AFB GA 31005, phone (513)362-9393.