Terms of Service
This is a legally binding contract between you and TouchTheCow.com. Please make sure you read it, because it is important. We’ve tried to make things as clear as possible,but we welcome your feedback so feel free to email your questions or suggestions to the address provided in the “Contacting Us” section below.
In addition, you may be interested in knowing that these terms are free for you to use and adapt for your own website under a Creative Commons Attribution-ShareAlike license thanks to Editorially.com who created and shared them in the first place. TouchTheCow.com has modified the original terms as expressly permitted by Editorially’s licensing so if you want to work from the original, visit their website via link provided above.
When we say “site,” we mean TouchTheCow.com and the services offered through that site. When we say “we,” “us,” or “our,” we mean TouchTheCow.com. When we say “your content,” we mean any text, sound, graphics or other material which you post, upload, or otherwise share on the site; similarly, when we say “TouchTheCow.com content,” we mean the copyrightable text, sound, graphics, and other material owned by TouchTheCow.com. And when we say “terms,” we mean these terms of service.
2. Accepting these Terms
Please read these terms before using the site. If you do not agree to these terms, you may not register for or interact with the site. If we make changes to these terms we will post those changes on this page, and update the Terms of Service modification date below so you should check back regularly for updates.
If you do not agree to these terms at any time you should immediately leave the site and dispose of associated materials which you may have downloaded or stored. If you are a registered site user or are signed-up for any of our other services, you should also immediately send a request to cancel your account and/or other service to *protected email*.
3. Permitted Users
TouchTheCow.com is designed for use by adults. You must be thirteen years of age or older to use it. When you use the site, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms.
4. Copyright and Intellectual Property
If you are participating on this site as a visitor or subscriber and choose to comment via our commenting or email systems you retain ownership of all content you post, upload to, or otherwise share on the site. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to access, use, and display your content in connection with the site and services we provide to you in perpetuity. This does not permit us to sell your content to advertisers. PLEASE NOTE: If you are sharing content with the site as a contributor, the above license does not apply. For contributors there are separate and more specific terms related to copyright and intellectual property which you can access via our submissions page.
Keep in mind that when you share content, other users will have access to it. There are many things that others may do with that content, including copying it, modifying it, and re-sharing it. So, please consider carefully what you choose to share and with whom; we take no responsibility for that activity.
When you delete your account, any comments or content that you contributed will remain on the site, and will not be deleted.
All TouchTheCow.com content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site are copyrighted by us, and are protected by Canadian and international laws. Use of our content without our express prior written permission is strictly prohibited. TouchTheCow.com reserves the right, in its sole discretion, to change, modify, add, or remove any portion of this website in whole or in part, at any time for any reason.
You may not post, upload, or otherwise place any content or information on the site that belongs to a third party, unless you have the legal right to do so. If you believe that any such information or content has been posted on the site, please inform us immediately by emailing *protected email*. Should it be the case, we will take immediate steps to remove the content in question. Conversely, if you believe that material has been removed improperly, please notify us at the same address.
5. Linking To This Website
Will not suggest or imply in any way (visually or otherwise) that you are the content creator or that you, your website or business are in any way endorsed by TouchTheCow.com.
6. Links to Third Party Websites
Some of the links on TouchTheCow.com will take you to third party websites. If you decide to visit any third party website you do so at your own risk and take responsibility for any and all consequences resulting from your visit. TouchTheCow.com is not responsible in any way for outside websites or any of their contents. Links to third party websites are provided for your convenience and are not intended to imply endorsement by TouchTheCow.com.
7. The Rules
TouchTheCow.com is designed to help people collaborate together; as such, we have some ground rules which you must adhere to when using the site. You agree not to do any of the following:
- Threaten other users or site creators in any way;
- Use hateful, discriminatory, abusive, harassing, libelous, or obscene language towards other users;
- Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
- Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation;
- Use the site to send spam, chain letters, junk mail, or any other type of unsolicited mass email;
- Use the site to distribute viruses or other harmful, disruptive, or destructive files;
- Use or attempt to use another person’s account;
- Disrupt or interfere with the security of, or otherwise abuse, the site, or any servers or networks connected to the site;
- Attempt to obtain unauthorized access to the site;
- Impersonate another person;
- Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
- Systematically harvest data from the site, or programmatically register accounts on the site.
This website is operated from within Canada. If you choose to interact with this site you agree to be governed by all applicable Federal laws of Canada in addition to the laws of the Province of Ontario. You further agree to comply with all applicable provincial, federal and international laws and regulations, including but not limited to those related to privacy, data transmission, data collection, software use and email creation and delivery. You further agree that you are responsible for your actions in relation to the site, and for any communications transmitted under your account.
We reserve the right, at our sole discretion, to remove any offending material or immediately limit or terminate any account, any time and for any reason we deem necessary.
8. Canceling Service
You can cancel your account at any time by sending an email *protected email*. Upon cancellation of your account, your files will be marked for deletion in sixty days, and will be deleted upon expiration of that sixty-day period. If you simply wish to unsubscribe from emails or newsletter, there are clear unsubscribe instructions at the bottom of each email.
8. Disclaimer of Warranties
We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.
9. Limitations of Liability
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
11. Right to Terminate
We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.
These terms shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site to the courts located in the Province of Ontario, and you also agree to submit to the personal and exclusive jurisdiction of those courts. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. Changes To These Terms
Changes to these terms will become immediately effective when posted to this page. As changes are posted we will also update the Terms of Service modification date below.
14. Contacting Us
We love to hear from you. Please use *protected email* to send us you questions or suggestions.
© TouchTheCow.com. All Rights Reserved.
These Terms of Service were last modified on 2014.02.05