Servicebedingungen
Welcome to the website of gotouchup.com. We provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any gotouchup.com service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. Gotouchup.com reserves the right to change this site and these terms and conditions at any time.
Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this agreement. Please read this agreement carefully before proceeding.
Usage of Site
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, gotouchup.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by gotouchup.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by gotouchup.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by gotouchup.com in advance. Gotouchup.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if gotouchup.com believes that customer conduct violates applicable law or is harmful to gotouchup.com’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Gotouchup.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and gotouchup.com has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify gotouchup.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide gotouchup.com, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to gotouchup.com without charge and gotouchup.com shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of gotouchup.com and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by gotouchup.com in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims.Gotouchup.com assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant gotouchup.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by gotouchup.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead gotouchup.com or third parties as to the origin of any Submissions or Content. Gotouchup.com may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Copyright
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of gotouchup.com (collectively, “Content”), belongs exclusively to gotouchup.com or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by gotouchup.com, without gotouchup.com’s express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on gotouchup.com as well as the use of gotouchup.com trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. The collection, arrangement, and assembly of all content on this site (the “Compilation”) belong exclusively to gotouchup.com. You may not use gotouchup.com’s Content or Compilation in any manner that disparages or discredits gotouchup.com or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the “Software”) is the property of gotouchup.com and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by gotouchup.com. Violators will be prosecuted to the full extent of the law.
Terms of usage
Termination and Effect of Termination
In addition to any other legal or equitable remedies, gotouchup.com, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the site and gotouchup.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. Gotouchup.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Typographical Errors
While gotouchup.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Gotouchup.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, gotouchup.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, gotouchup.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Remedies
You agree that gotouchup.com’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that gotouchup.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that gotouchup.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of gotouchup.com shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by gotouchup.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of the United States.