Terms of Service

Last updated: September 1, 2024

Please carefully read this agreement. By accessing or using our Services, you agree that you have read and agree to be bound by the terms and conditions of this agreement. 

Introduction and Acceptance of the Terms of Service

THESE TERMS OF SERVICE (the “Terms of Service” or “Terms”) set forth the terms under which Touted, LLC (“Touted”, “we”, or “us”) will provide access to our website, our application, and related software and tools (collectively, the “App”) and any related services to you (“you” or “your”) through www.toutedapp.com and any other sites, including mobile websites and applications, owned and operated by us or our Affiliates (collectively, the “Site”).

“Services” as used herein means the Site and App operated by Touted, LLC.

We maintain that, by using our Services, you have read and do unreservedly accept this Agreement. This Agreement is important to you and us, as it is used to protect your rights as a valued customer and our rights as a business.

Please note that Section 13 of these Terms describes what happens in the event of a dispute between you and Touted and includes a binding arbitration clause and a class action waiver. Please review that section carefully, as it affects your right to a jury trial and to participate in a class or representative action. 
1. ACCEPTANCE OF TERMS

These Terms are important to you and us, as they are used to protect your rights as a user and our rights as a business. We maintain that you accept and agree to be bound by these Terms by either (a) clicking ‘agree’ or ‘accept’ where you are prompted to do so by the App, or (b) by using our Services. If you do not accept these Terms of Service, you are not entitled to use the Services. 

If the User is an entity, the person who accepts these Terms for the User represents and warrants that they are entitled to enter into this agreement as an authorized representative and to bind the User to these Terms. These Terms apply to all User Content uploaded to the App.

As used in these Terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, employees, contractors, vendors, suppliers, distributors, partners, and advertisers and include (without limitation) all parties involved in creating, producing, or delivering our App or its contents.

We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the App and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of our Services after such modifications will constitute acknowledgment of the modified Terms of Service and an agreement to abide and be bound by the modified Terms of Service.

Before you continue, please review the App’s Privacy Policy, which also governs your use of the App, to understand our privacy practices. The Privacy Policy is incorporated by reference into these Terms.

DESCRIPTION OF SERVICES

Touted is a sports video app designed to provide student-athletes, parents, coaches, and sports enthusiasts (each a “User” or collectively, “Users”) with a platform to capture, analyze, share, and discover sports videos.

The App offers a variety of features, including:

    Comparison Module: Allows Users to compare different sports videos side by side. Face-to-Face Video Interaction: Enables real-time video communication between Users. Near-Me Feature: Helps Users find and connect with other Users in their vicinity. Highlight Video Section: Showcases notable sports videos and highlights. Trainer Locator: Assists Users in finding and connecting with sports trainers. Social Sharing Capabilities: Allows Users to share their sports videos and moments on various social media platforms.

These Services aim to enhance the sports experience by providing a comprehensive and interactive platform for sports video content. The App’s primary functionality is to build a community within the App of Users of the same age, sport, and location. This enables each student to connect with similar peers who play their sport, are the same age, and live in the same city or state.

3. ELIGIBILITY

You must have an active Account to use our Services. If you are under the age of 18, you must have permission from a parent or legal guardian who agrees to these Terms of Service on your behalf. By using our Services, you represent that you have received such permission if you are a minor and that your parent or legal guardian has reviewed and agreed to these Terms.

4. ACCOUNT SET UP
4.1 Your Account. To use our Services, you must register and set up an account through the App (your “Account”). To do so, we need certain information about you, such as your first and last name, email address, and password (collectively, “Account Data”). 

Please note that we may allow Users to create Accounts using their Google or other social media account information, such as Facebook or Google (a “Third-Party Account”). If you use your Third-Party Account, you will not be required to set up a unique Touted password. 

4.2 Account Data Accuracy and Security. As prompted by our Service’s registration form, you agree to provide true, accurate, current, and complete contact and identification information about yourself. If you provide inaccurate, not current, or incomplete information, we have the right to suspend or terminate your Account. Accounts registered by “bots” or other automated methods are not permitted.

Please always keep your Account Data accurate, current, and secure. You may update your Account Data anytime by logging into your Account through the Platform. We may require you to provide additional information to verify the information you have provided about your identity as a condition for your continued use of the App. You authorize us to make, directly or through any third party, any inquiries we consider necessary to validate the information you provide, including checking commercial databases and utilizing any other verification processes.

By creating your Account, you consent to the collection and use of your Account Data and certain other information in accordance with our Privacy Policy.

You are solely responsible for maintaining the confidentiality of your Account Data and for all statements made and acts or omissions that occur through using your Account Data and Account. 

4.3 No Circumvention. If we terminate your Account, you cannot establish a new one. You may not use false identities to impersonate any other person or use an email address or password you are not authorized to use to circumvent this clause.
4.4 Your Responsibilities. You are responsible for keeping your Account information confidential. You agree that you are responsible for your conduct and all conduct under your Account, as well as all User Content uploaded, transmitted, stored, or displayed by anyone using your Account Data, and for any consequences arising from using your Account Data.

You agree to immediately notify Touted of any unauthorized use of your Account Data, Account, or any other security breach. If you believe someone has accessed the App using your credentials without authorization, you must change your password or contact our customer service team.

Touted cannot and will not be liable for any loss or damage arising from your failure to comply with the above. 


4.5 Digital Signature; Electronic Records. By registering for an Account through the App and by clicking to accept these Terms when prompted on the App, you are deemed to have executed these Terms electronically, effective on the date of your registration, under the United States Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgment that you can electronically receive, download, and print these Terms and any amendments.


In connection with these Terms, you may be entitled to receive certain records, such as notices and communications, in writing. You also permit us to provide any documents you may be entitled to electronically instead of in paper form.


FEES AND PAYMENT FOR ADVERTISING SERVICES

The App is free to use and has no paid features for general Users. However, companies that wish to advertise on the App will be required to pay for advertising services.

All payments for advertisements will be processed through the Stripe payment platform. By agreeing to advertise on Touted, you consent to the use of Stripe for all payment transactions related to your advertisements. You are responsible for providing accurate and complete payment information and ensuring that your payment method is valid and up to date.

Touted reserves the right to modify the fees for advertising services at any time, with notice provided to advertisers. Continued use of the advertising services after any fee changes constitutes your acceptance of the new fees. All fees are non-refundable unless otherwise stated.

USER CONTENT
6.1 Content Description. “User Content” refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials submitted, posted, or otherwise made available by Users through the Touted App. This includes, but is not limited to, pictures, clips, and videos of K-12 sports, as well as any personal information such as parent names and email addresses and student names, emails, home addresses, ages, weights, heights, schools, and the sports the students play in school.
6.2 User-Provided Music. Independent musicians who do not have a record deal may submit music to the Touted App for Users to use in their videos. By submitting music, these musicians retain ownership of their music but grant Users of the Touted app a non-exclusive, royalty-free license, as described in Section 6.3 below, to use the submitted music in their videos. This permission is akin to the use of stock music available on the web. Musicians acknowledge and agree that their submitted music may be used in videos shared, analyzed, and discovered on the Touted App. Any User-provided music is considered ‘User Content’.
6.3 Grant of Rights. By publishing, uploading, storing, or transmitting User Content on or through our Services, you grant Touted a worldwide, non-exclusive, sublicensable, royalty-free license to store, use, process, adapt, modify, publish, transmit, display, and distribute such User Content, to perform the Services.

This right includes, without limitation, the right to: 

  • Reproduce, index, and store User Content on one or more computer facilities, and reformat, convert, and encode the User Content;
  • Display, market, transmit, distribute, sell, license, and otherwise make available all or any portion of your User Content through the App for Users to access or view online and offline, including on portable devices;
  • Display and distribute (i) your name, biographical information, and username in the form you provide to us or within User Content (with such modifications as are necessary to optimize their viewing), and (ii) portions or excerpts of your User Content for marketing the App itself and Touted as a business on Touted’s, or other third party, social media accounts;
  • Use, reproduce, adapt, modify, and distribute, as we determine appropriate, in our sole discretion, any metadata and content description, information, promotional images, or excerpts that you make available in connection with your User Content for promotional purposes, including removing or changing words that individual social media or marketing platforms may ban; and
  • Transmit, reproduce, and otherwise use (or cause the reformatting, transmission, reproduction, or other use of) User Content to technically enable the foregoing (e.g., caching to enable display).

Except for the limited license and other rights granted in these Terms, you retain all the rights you had in your User Content before you submitted it. Additionally, Touted will not sublicense any of its rights in your User Content to third parties without your prior written consent.

6.4 Content Approval. We are entitled to determine what User Content we accept and distribute through the App at our sole discretion. When you upload any User Content to the App, the Touted team will review it and determine if it meets our content requirements and is suitable for publication on our App.

If we request additional information relating to your User Content, such as information confirming that you have all rights required to permit our distribution of the User Content, you must promptly provide the information requested, and you represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit our distribution of the User Content and the accuracy of the information or documentation you provide concerning those rights.

6.5 Requirements for User-Generated Content. You must ensure that all User Content complies with our content policies when you submit it to us. We are entitled to remove or request that you modify any of your User Content, including its description, information, or cover images, for any reason, including if we determine that it does not comply with our content requirements. 

To ensure a positive and respectful environment, all User Content must adhere to the following requirements:

  • Relevance: Content must be related to K-12 sports. Any content not related to this primary focus may be removed.
  • Originality: Users must only upload content that they have created or have the right to share. Unauthorized use of copyrighted material is strictly prohibited.
  • Respectfulness: Content must not contain any offensive, discriminatory, or inappropriate material, including but not limited to hate speech, harassment, or explicit content.
  • Privacy: Users must respect the privacy of others. Content that includes personal information of individuals without their consent is not allowed.
  • Safety: Content that promotes dangerous or illegal activities, including but not limited to violence or substance abuse, is prohibited.
  • Accuracy: Users should strive to ensure that the content they share is accurate and not misleading.

By using the Touted App, Users agree to comply with these content requirements. Failure to adhere to these guidelines may result in the removal of content or suspension of the User’s Account.

6.6 Comments. By using the Touted App, Users agree to the following terms regarding comments:
  • Respectful Conduct: Users must engage respectfully with others. Any form of harassment, abuse, or hate speech is strictly prohibited.
  • Relevant Content: Comments should be relevant and appropriate to the sports videos and discussions. Off-topic, spam, or promotional content is not allowed.
  • Accuracy and Honesty: Users should strive to provide accurate and honest comments. False information, misleading statements, or defamatory remarks are not permitted.
  • Privacy: Users must respect the privacy of others. Sharing personal information without consent is forbidden.
  • Moderation: Touted reserves the right to moderate, edit, or remove comments that violate these terms or are otherwise deemed inappropriate.
  • Responsibility: Users are responsible for their comments and any consequences that arise from them. Touted is not liable for User-generated content.

By posting comments, Users acknowledge and agree to abide by these guidelines to ensure a positive and constructive environment for all participants.

6.7 Content Deletion. You may delete or remove any of your User Content from the Touted App using the ‘delete’ or ‘unpublish’ content feature in your Account.

If you delete any of your User Content, such content will be archived and immediately removed from public view within the Touted App (which renders the deleted content inaccessible to new Users).

6.8 Licenses and Rights Dispute Resolution. If you notify us through the procedure we provide on the App for making claims of copyright infringement that a third party has made User Content available for distribution through the Services that you have exclusive rights to, then, upon your request and after verification of your claim, we will remove the User Content from future sale through the App, as your sole and exclusive remedy.

Please see our DMCA Policy for more information on how to send us a copyright infringement notice.

7. INTELLECTUAL PROPERTY OWNERSHIP

All rights, title, and interest in and to our App and Services, including all the content on the App (text, images, videos, etc.), remain the exclusive property of Touted and our Affiliates (excluding User Content owned by Users).

Our Services are protected by copyright, trademark, and other laws of the United States. However, we allow (and encourage) our Users to share their User Content on social media. You may tag Touted on social media posts or use a statement such as “available on the Touted App”.

However, nothing in these Terms, including the foregoing, gives you a right to use the Touted name or any of our intellectual property rights, trademarks, logos, domain names, and other distinctive brand features, except for the limited license rights expressly granted to you in these Terms of Service.

Any partial or total reproduction of our Services or content by any means is subject to prior and express authorization by us.


We cannot give you the right to copy, display, sell, or otherwise distribute content or materials you do not have rights to. All fraudulent use or distribution of content or materials that violate the rights held by a third party constitutes a criminal offense, which is severely punished under applicable law. Nothing in these Terms restricts any rights we may have under applicable law.


8. USER CONDUCT

You acknowledge and agree that all User Content transmitted or stored using our Services is the sole responsibility of the User(s) originating and introducing such User Content into our Services.

You agree to use our Services only for purposes that are legal, proper, and in accordance with these Terms of Service and all applicable laws and regulations in the relevant legal jurisdictions (including, without limitation, laws and regulations relating to copyright, privacy, and the storage and transmission of data and technology). You agree to comply with all local laws and rules regarding acceptable Internet use and conduct.

Without limiting the foregoing, you shall be deemed to represent and warrant to Touted that you have the unfettered legal rights and authority to permit you to publicly publish your User Content in connection with your use of our Services, and such publication and sharing of your User Content does not infringe the rights of any person or third party.

You further agree to not:

  • Use our Services for illegal purposes or promotion of dangerous activities;
  • Upload, store, or transmit any User Content that you do not have a right to transmit or that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • Upload, store, or transmit any illegal User Content, in particular, User Content that violates legal prohibitions, but is not limited to content of a pornographic, abusive, offensive, racist, xenophobic, derogatory (especially sexually derogatory), discriminatory, discrediting, politically extremist or otherwise objectionable nature. The establishment of links to prohibited content is also prohibited content;
  • Upload, store, or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or equipment;
  • To resell, transfer, or sublicense (or attempt to do so) any part of our Services to another person or entity;
  • Exceed the scope of the Service that you have signed up for, for example, accessing and using features that you do not have a right to use or deleting, adding to, or otherwise changing another person’s User Content when you have not been granted the right to do so;
  • Access (or attempt to access) any part of our Services by any means other than through the interface that Touted provides (unless you have been specifically allowed to do so in a separate agreement), or access (or attempt to access) any part of our Services through any automated means (including use of scripts, web crawlers, or the like) or otherwise engage with our Services in a manner reasonably likely to be harmful to the systems operating our Services or the access or use of our Services by others; 
  • Reproduce, duplicate, copy, sell, trade, or exploit for any commercial purposes, any portion or use of, or access to, our Services unless you have been specifically allowed to do so in a separate agreement; or
  • Reverse engineer, decompile or disassemble any software provided by Touted as part of our Services.

We reserve the right but shall have no obligation to pre-screen, reject, review, quarantine, delete, or move any User Content made available by our Services without obligation to any person. 

9. DISCLAIMER OF WARRANTIES

Our App could include technical or other mistakes, inaccuracies, or typographical errors. WE MAKE NO WARRANTY THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. We may change the content and features on our App, including the descriptions of any content or services listed herein, at any time without notice. The content on our Platform may be outdated, and we do not commit to updating such content.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOUTED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(B) TOUTED DOES NOT WARRANT THAT: (I) OUR SERVICES WILL MEET ALL OF YOUR REQUIREMENTS; (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ERRORS IN OUR SERVICES OR RELATED SOFTWARE WILL BE CORRECTED.

(C) TOUTED CANNOT ENSURE THAT CONTENT SUBMITTED BY OR ON BEHALF OF USERS WILL BE PROTECTED FROM THEFT OR MISUSE OR THAT USERS WILL COMPLY WITH ANY CONTENT USAGE RULES TOUTED MAY MAKE APPLICABLE IN CONNECTION WITH USE OF YOUR CONTENT. TOUTED WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY USER TO COMPLY WITH ANY CONTENT USAGE RULES. 

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SERVICES INCLUDING:

  • THE INABILITY TO USE OUR SERVICES; 
  • THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR CONTENT OBTAINED THROUGH OR FROM OUR SERVICES; 
  • UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DATA; 
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING OUR SERVICES; 
  • OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; 
  • YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; 
  • THE TERMINATION OF YOUR ACCOUNT UNDER THE TERMS OF THESE TERMS OF SERVICE; OR
  • ANY OTHER MATTER RELATING TO OUR SERVICES.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TOUTED’S LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO (A) THE TOTAL AMOUNTS PAID BY YOU TO TOUTED DURING THE TWELVE (12) MONTHS BEFORE THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS THE LESSER AMOUNT.

10.1 Content. The User Content on our Services is uploaded or posted by our Users. Touted does not produce, approve, post, or upload User Content. The content you see on our App and any views, opinions, or assertions presented are those of the Users who posted the content and do not reflect the views or the official policy or position of Touted. Touted makes no representations or warranties regarding the quality, accuracy, effectiveness, legality, appropriateness, security, or other aspects of any User Content.
10.2 Interactions with Other Users. You may be able to communicate, interact, or otherwise connect with other Users through our Services. It’s your responsibility to take precautions when sharing any information about yourself with another User or anyone else, and you release Touted from any liability arising from your interactions with another User of our Services.
10.3 Third Party Content. As you use our Services, there may be links, ads, or other ways to visit websites that are not owned or controlled by Touted. When you access third-party websites, you do so at your own risk. Touted cannot and does not make any representations or warranties about other websites or services. 

10.4 Third Party Services. The Services may permit you to link to other websites or use other services or resources on the Internet in conjunction with our Services (“Third-Party Services”). Third-Party Services may also contain links to the Services. When you access Third Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third-Party Services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third-Party Service.
11. REPRESENTATIONS AND WARRANTIES

You represent and warrant that: 

  • You have the full right, power, and authority to enter into and will comply with the terms of these Terms of Service; 
  • before uploading any User Content to the App, you will have obtained all rights that are necessary for the exercise of the rights granted under these Terms; and
  • neither the exercise of the rights authorized under these Terms nor any materials embodied in the User Content nor its distribution as authorized in these Terms will violate or infringe upon the intellectual property, proprietary, or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction.
12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Touted, its employees, officers, directors, agents, and Affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.

DISPUTE RESOLUTION
In the case of a dispute between you and Touted arising from these Terms or your use of our Services, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
13.1 Binding Arbitration.  You and Touted agree that any dispute arising from or relating to these Terms or your use of our Services will be settled through binding arbitration conducted by the American Arbitration Association (AAA) and under their Commercial Arbitration Rules. Your responsibility to pay filing, administrative, or arbitrator fees is outlined in the AAA rules. To the extent permitted under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration and that other procedural rights, such as discovery and appeal, are not available in arbitration. YOU AND TOUTED EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.

Disputes will be settled on an individual basis. YOU AND TOUTED EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.  

Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in Georgia to protect the party’s intellectual property rights pending completion of the arbitration. 

13.2 Venue. Touted is located in Georgia. Any dispute subject to binding arbitration will take place in Georgia. For any other judicial action that may arise between you and Touted or for which our binding arbitration clause is found not to apply, you and Touted agree to submit to the venue and personal jurisdiction of the state and federal courts in Georgia. 
14. RELATIONSHIP OF THE PARTIES

Touted operates its own independent business. As such, these Terms and any Account registration will not be construed as creating or implying any relationship of employer and employee, agency, partnership, or joint venture between you and us. You do not have the authority to enter into written or oral (implied or express) contracts on our behalf.

15. CHANGES TO TERMS AND SERVICES

The App we provide is a work in progress, and, as such, things may change, be added, or be taken away. We reserve the right to update our App and these Terms of Service from time to time, at our discretion and without any notice. You are responsible for keeping up-to-date with the latest Terms of Service by checking back regularly. Your continued use of our App after publishing the updated Terms of Service will mean that you have read and agree to the changes.

16. TERM AND TERMINATION
16.1 Term. The term of this agreement will begin upon your acceptance of these Terms and will continue until it is terminated by us or you. 
16.2 Termination by Touted. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App, our Services, or remove any of your User Content with or without advance notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity (including plagiarism or other intellectual property violations) may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
16.3 Termination by You. You are entitled to terminate at any time by emailing us at admin@toutedapp.com, in which event we will delete your Account within fifteen (15) business days from the date you provide us notice of termination. You may also delete or remove any of your User Content from the App using the ‘delete’ or ‘unpublish’ content button in your Account. 
16.4 Effect of Termination. Upon termination or suspension, regardless of the reasons, your right to use the Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account or bar any further access to such Services or the App. 

We shall not be liable to you or any third party for any claims or damages arising out of any termination, suspension, or any other actions taken by us in connection with such termination or suspension.

17. BUSINESS TRANSFERS

As we develop our business, we might sell our businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, the purchaser will assume and fully discharge as they become due all liabilities and obligations described in this agreement of Touted, LLC.

18. FORCE MAJEURE

Touted will not be liable for failing to perform under these Terms by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a distributor of Touted to perform, fire, terrorism, natural disaster, pandemic, or war.

19. GOVERNING LAW

By using this App, you agree that the statutes and laws of Georgia, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of Services. You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within Georgia concerning such matters.

Even though our Services may be accessible worldwide, we make no representation that the content on our Services is appropriate or available for use in locations outside the United States, and accessing our Services from territories where the content is illegal is prohibited. Those who access our Services from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product or information made in connection with our Services is void where prohibited.

By using our Services and submitting any personal information, you consent to the transfer of personal information to other countries, such as the United States, which may provide a level of data security different from your country of residence.

20. ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended using any other document(s). Any attempt to alter, supplement, or amend this document shall be null and void unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with our Services is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

SEVERABILITY

If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intentions. All remaining provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.


NOTICES

All notices to a party shall be in writing and made via email or conventional mail. Notices to us must be sent to admin@toutedapp.com.


FEEDBACK AND COMMENTS

We welcome comments, questions, and communication at admin@toutedapp.com.