Privacy policy

TouchReal’s Privacy Policy explains how we collect, use, and protect your personal information. By using the Services, you acknowledge that you have read and agreed to the terms of our Privacy Policy. You understand and agree that your personal information will be collected and used in accordance with the practices described in the Privacy Policy.

1. Intellectual Property
a. TouchReal's Rights
The Services—including but not limited to the website, software, logos, designs, graphics, images, icons, videos, and audio clips—are owned by TouchReal or its licensors and are protected by copyright and other applicable intellectual property laws. TouchReal and its licensors retain all rights, title, and interest in and to the Services.

You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained through the Services.

Unauthorized use of the Services or any content may violate intellectual property laws or other applicable laws.

b. Copyright Infringement Notification and Takedown Procedure
We respect the intellectual property rights of others and expect our users to do the same. If you believe that any material accessible through our Services infringes your copyright, you may submit a copyright infringement notification.

To be effective, the notification must be in writing and provided to our designated agent and must include the following information:

● Information About the Rights Holder:

Your full name or the name of the company you represent;

Your contact details, including a mailing address, telephone number, and email address.

● Description of the Infringing Material:

Detailed identification of the copyrighted work claimed to be infringed (e.g., title, author, publication date, ISBN, or other identifiers);

A clear indication of the specific rights being infringed (e.g., copyright, trademark).

● Location of the Infringing Material:

A direct URL or sufficient detail to allow us to locate the allegedly infringing material;

If multiple items are involved, a complete list of their locations.

● Statement of Good Faith Belief:

A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.

● Statement of Accuracy and Authority:

A statement that the information provided is accurate, and that you are authorized to act on behalf of the copyright owner.

● Your Physical or Electronic Signature.

● Supporting Materials (if available):

A copy of the copyright registration certificate or other relevant documentation;

Any additional evidence showing your ownership rights.

c. Counter Notification
A counter notification is a written response submitted by the user who has been accused of infringement, asserting that the material was removed in error or does not infringe any rights.

If you believe that your content has been wrongfully removed due to a copyright complaint, you may submit a counter notification that includes the following:

● Statement of Good Faith: A declaration that you genuinely believe the material does not infringe any intellectual property rights.

Preliminary Evidence: Supporting information or documents indicating that the content is not infringing.

● True Identity: Your real name and identity, allowing us to verify the legitimacy of the notice.

● Contact Information: Valid contact details for further correspondence.

● Your Physical or Electronic Signature.

Upon receiving a valid counter notification, we will provide a copy to the original complainant. Unless the complainant files a court action seeking a restraining order within 10 to 14 business days, we may restore the removed content or cease disabling access to it.

d. Contact Information
In accordance with the Digital Millennium Copyright Act (DMCA), please direct all copyright infringement claims to:

Email: customercare@touchreal.com

Please note that Section 512(f) of the DMCA provides that any person who knowingly makes material misrepresentations in a copyright notice or counter-notice shall be liable for damages, including costs and attorney’s fees.

In cases of repeated infringement, TouchReal reserves the right to terminate the accounts of repeat offenders where appropriate.

Important Note: Before submitting a notice or counter-notice, please consider whether the use of the copyrighted material qualifies as fair use or is otherwise legally permissible under copyright law. We strongly encourage users to evaluate the fair use doctrine before proceeding with any copyright claim.

2. Disclaimers and Limitation of Liability
a. Disclaimers
The TouchReal website and services are provided “as is” and “as available”, without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

● The services will be uninterrupted, timely, secure, or error-free;

● The results obtained from using the services will be accurate or reliable;

● Any defects in the services will be corrected;

● The content is complete, accurate, or current.

You understand and agree that your use of our services is at your sole risk.

b. Limitation of Liability
● To the maximum extent permitted by applicable law, TouchReal and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to:Loss of profits, revenue, goodwill, data, or other intangible losses;

● Any damage resulting from:

○ Your use of or inability to use the service;

○ Unauthorized access to or alteration of your transmissions or data;

○ Any third party content or conduct on the service;

○ Any content obtained through the service.

This limitation applies even if TouchReal has been advised of the possibility of such damages.

c. Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such cases, our liability shall be limited to the fullest extent permitted by law.

3. Indemnification
You agree to indemnify, defend, and hold harmless TouchReal and its affiliates, officers, directors, employees, agents, licensors, and partners from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

● Your use of or access to the services;

● Your violation of these Terms of Use;

● Your violation of any rights of another party, including intellectual property, privacy, or publicity rights;

● Any content you submit, post, transmit, or otherwise make available through the services;

● Any activity conducted under your account, whether authorized by you or not.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully in the defense of such matters.

4. Governing Law and Dispute Resolution
a. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. You agree that any matters or disputes arising under or related to these terms shall be subject to the laws of this jurisdiction.

b. Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Use or your use of our services, the parties shall first attempt to resolve the issue through friendly negotiation.If the dispute cannot be resolved amicably within thirty (30) days, it shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA). The arbitration shall be conducted in English and held in Los Angeles County, California.

You agree that:

● The arbitration decision shall be final and binding upon both parties;

● Each party shall bear its own costs, including legal fees, unless otherwise awarded by the arbitrator;

● You waive your right to participate in a class action or class-wide arbitration.

c. Injunctive Relief
Notwithstanding the above, TouchReal reserves the right to seek injunctive or equitable relief in any court of competent jurisdiction if you breach or threaten to breach these Terms in a way that could cause irreparable harm.

5. Modification of Terms
TouchReal reserves the right to modify or update these Terms at any time. If we make material changes to the Terms, we will notify you either by email or by posting a notice on the Services.

Your continued use of the Services after the effective date of any updated Terms constitutes your acceptance of the revised Terms. Any disputes arising under this agreement will be resolved in accordance with the version of the Terms in effect at the time the dispute arises.

We strongly encourage you to read and understand the Terms of Service of any platform or service you use to ensure compliance and protect your rights and interests.

If you have any specific questions or concerns regarding the TouchReal Terms of Service, we recommend that you contact us directly for clarification.

6. Contact
If you have any questions about these Terms, please contact us at:

Email: customercare@touchreal.com