Terms

TouchCast terms of service and end user license agreement.

Revised as of September 30, 2016

1. Your acceptance

  • These Terms of Service and End User License Agreement (this "Agreement") between you and TouchCast, LLC (hereinafter referred to as "TouchCast", "we", or "us") governs your use of the TouchCast website and all TouchCast products, software, applications and services provided to you on, from, or through the TouchCast website, including, without limitation, your use of the Licensed Application (as defined herein) (collectively, the "Service"). This Agreement is between you and TouchCast only. This Agreement is not with Apple, Inc. ("Apple"), and TouchCast, not Apple, is solely responsible for the Service and the content thereof.
  • By using the Service you signify your agreement to this Agreement. If you do not agree to any of these terms, please do not use the Service.
  • You should periodically review the most up-to-date version of the Agreement, located at http://TouchCast.com/terms. TouchCast may, in its sole discretion, amend, modify, or revise this Agreement and other policies at any time, and you agree to be bound by such amendments, modifications, or revisions. Your use of the Service after we post a revised version of the Agreement and a notice about the revisions indicates to us that you have agreed to be bound by the revised Agreement. If the revised Agreement is not acceptable to you, your only recourse will be to stop using the Service.

2. Service

  • This Agreement applies to all users of the Service, unless superseded by a separate Enterprise Agreement as set forth in Section 5 below. The Service includes all aspects of the services offered by TouchCast, including but not limited to all products, software, applications, and other services offered via the TouchCast website.
  • This Agreement applies to all users of the Service, unless superseded by a separate Enterprise Agreement as set forth in Section 5 below. The Service includes all aspects of the services offered by TouchCast, including but not limited to all products, software, applications, and other services offered via the TouchCast website.

3. License grant

  • Application License. Subject to your compliance with this Agreement, TouchCast grants you a limited, non-exclusive, non-transferable license to download the TouchCast authoring tool application and its companion applications (individually and/or collectively, the "Licensed Application") from a TouchCast-authorized source (including but not limited to the Apple App Store, Google Play, the Amazon App Store, the Google Chrome Web Store, HockeyApp, Diawi, or Airwatch MDM (collectively, "Authorized Sources") and to install and use the Licensed Application on any iPad, iPhone, iPod Touch or other compatible device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, or the Terms of Service of the relevant Authorized Source. For clarity, the Licensed Application refers to the standard version of the TouchCast application, as well as any customized version of the TouchCast application which may be offered by TouchCast.
  • Content License. Subject to your compliance with this Agreement, TouchCast grants you a limited, non-exclusive, non-transferable license to (1) access and use the Service, and (2) access, use, view, download, combine with other Content, make derivative works of, reproduce, distribute copies of, disseminate, publicly display and publicly perform Content, when using the Service, subject to any terms or limitations applicable to such Content. For purposes of this Agreement, "Content" includes user comments, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, video applications, and other materials you may view on, access through, or contribute to the Service.
  • License Restrictions. You agree that you will not use or exploit the Service or any Content, or any intellectual property rights in them, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you as set out in this Agreement.

4. TouchCast accounts

  • In order to access some features of the Service, you will need to create a TouchCast account (an "Account"). When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your account password secure. You must notify TouchCast immediately of any breach of security or unauthorized use of your Account.
  • Although TouchCast will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of TouchCast or others due to such unauthorized use.
  • Free Account. The Service is currently free for personal, non-commercial use. With a Free Account, you can upload up to two (2) hours of non-commercial Content. Free Account users must use the Service in accordance with TouchCast's Community Guidelines, found at http://TouchCast.com/guidelines, which are incorporated herein by reference. Although Free Account users retain all ownership rights in their Content (see Section 8 below) TouchCast retains the right to monetize Free Account users' Content through advertising, eCommerce, content syndication or marketing, or any other means. COMMERCIAL USE IS NOT PERMITTED FOR FREE ACCOUNT USERS.
  • Business Account. Business Account users have access to a secure, private, white-labelled version of the Service and may use the Service for commercial purposes. There are no storage or upload limits for Business Accounts. Business Account users control the monetization rights to their Content, and their Content can be made private and will not be shared publicly with other TouchCast users. Business Account users may remove the TouchCast watermark and replace it with their own logo. Business Account users can distribute their Content internally or externally for free for a limited number of views, after which they will need to either (i) purchase additional viewership on a Pay-Per-View basis, or (ii) convert to an Enterprise account for unlimited viewership. Business Account users' Content is hosted on TouchCast's cloud servers (TouchCast currently uses Amazon Web Services) and can be embedded on various Learning Management Systems, Web Publishing Platforms, Content Management Systems and Knowledge Management services via our embeddable player. Business Account users have access to a viewership and engagement Analytics dashboard. To sign up for a Business Account, click here: http://www.TouchCast.com/buy_studio/contact/
  • Enterprise Account. Enterprise Account users have access to a secure, private, white-labelled version of the Service (or may request a custom version of the Application) and can use the Service for commercial purposes. There are no storage or upload limits for Enterprise Accounts. Enterprise Account users control the monetization rights to their Content, and their Content can be made private and will not be shared publicly with other TouchCast users. Enterprise Account users may remove the TouchCast watermark and replace it with their own logo. Enterprise Account users can distribute their Content internally or externally for free for an unlimited number of views. Enterprise Account users' Content may be hosted on TouchCast's cloud servers (TouchCast currently uses Amazon Web Services) and can be embedded on various Learning Management Systems, Web Publishing Platforms, Content Management Systems and Knowledge Management services via our embeddable player. Alternatively, the TouchCast Service may be integrated into an Enterprise Account user's existing video infrastructure, and their Content may be hosted on the Enterprise Account user's own servers. The TouchCast Service is also available via a secure, hardware-based on-premise architecture. Enterprise Account users have access to a viewership and engagement Analytics dashboard. Enterprise Account users may not resell the TouchCast software or service or create client deliverables or work product without entering into a separate Reseller Agreement with TouchCast. To sign up for an Enterprise Account, click here: http://www.TouchCast.com/buy_studio/contact/
  • TouchCast reserves the right to charge fees in exchange for access to certain features of the Service in the future upon thirty (30) days prior written notice to you. TouchCast reserves the right to change existing payment terms and fees upon thirty (30) days' prior written notice to you. You can cancel access to the Service at any time upon thirty (30) days' written notice to TouchCast.

5. Your use of the service - limitations

TouchCast grants you permission to access and use the Service as set forth in this Agreement, provided that:

  • You agree to use the Service and the Content (in whole or in part) solely in the
  • You agree not to alter or modify any part of the Service.
  • You agree not to access Content through any technology or means other than
  • You agree not to use or launch any automated system, including without limitation, robots, spiders, or offline readers, that accesses the Service in a manner that sends more request messages to the TouchCast servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, TouchCast grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. TouchCast reserves the right to revoke these exceptions either generally or in specific cases.
  • You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments or email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • In your use of the Service, you will comply with all applicable laws.
  • TouchCast reserves the right to discontinue any aspect of the Service at any time.

6. Your use of content - limitations

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

  • The Content on the Service, and the trademarks, service marks and logos made available by TouchCast on the Service are owned by or licensed to TouchCast, subject to copyright and other intellectual property rights under the law. You may not use the TouchCast trademarks, service marks and logos without TouchCast's prior written permission.
  • Content is provided to you AS IS. You may access Content for your personal use solely as intended through the provided functionality of the Service and as permitted under this Agreement. You shall not download any Content unless you see a "download" or similar link displayed by TouchCast on the Service for that Content. Notwithstanding the foregoing, if such Content has been uploaded to Youtube, you may download the underlying video file via a "download" or similar link displayed by Youtube. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of TouchCast or the respective licensors of the Content. TouchCast and its licensors reserve all rights not expressly granted in and to the Service and the Content.
  • You agree not to circumvent, disable or otherwise interfere with security- related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
  • You understand that when using the Service, you will be exposed to Content from a variety of sources, and that TouchCast is not responsible for the accuracy, safety, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TouchCast with respect thereto.

7. Free account users' content and conduct

  • As a TouchCast Free Account user you may submit Content to the Service, including videos, video applications ("User-Created vApps"), and user comments. You understand that TouchCast does not guarantee any confidentiality with respect to any Content you submit.
  • All users of the Service retain all of their ownership rights in their Content; however, by submitting Content to TouchCast, Free Account users hereby grant TouchCast a perpetual, irrevocable worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, publicly display, and publicly perform the Content in connection with the Service and TouchCast's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels, including as permitted through the functionality of the Service and under this Agreement. Free Account users also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works, publicly display and publicly perform such Content in any media format and through any media channels, including as permitted through the functionality of the Service and under this Agreement. The above licenses granted by Free Account users are perpetual and irrevocable.
  • You unconditionally and irrevocably waive, in respect of your Content, all moral rights or similar rights (including, without limitation, all rights of attribution, paternity and integrity) to which you may now or at any future time be entitled under the applicable law of any jurisdiction with respect to uses of your Content permitted under this Agreement. This waiver is made in favor of TouchCast and shall extend to TouchCast's licensees, sub-licensees, successors and assigns. To the extent that such rights cannot be waived you hereby covenant not to assert any such rights against TouchCast or any of its licensees, sub-licensees, successors or assigns, and to the extent that such covenant is deemed unenforceable, you hereby expressly authorize and direct TouchCast to determine whether to provide attribution in respect of uses of your Content permitted under this Agreement.
  • You agree that you will not submit to the Service any Content or other material that is contrary to the TouchCast Community Guidelines, currently found at http://TouchCast.com/guidelines which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. You further agree that you will not submit to the Service any User-Created vApps that violate any of (i) the Apple App Store terms and conditions, currently available at http://www.Apple.com/legal/internet-services/itunes/us/terms.html#GIFTS , (ii) the Intel AppUp Terms of Use, currently available at http://www.appup.com/appup-terms/index , or (iii) the TouchCast Community Guidelines.

8. Intellectual property rights

  • You and TouchCast acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, TouchCast, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  • You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit. You license to TouchCast all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service and other uses pursuant to this Agreement.
  • You agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant TouchCast all of the license rights granted herein.
  • TouchCast does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and TouchCast expressly disclaims any and all liability in connection with the Content.
  • TouchCast does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and TouchCast will remove Content if properly notified pursuant to Section 13 below that such Content infringes on another's intellectual property rights. TouchCast reserves the right to remove infringing Content, to terminate your use of the Service, or take action deemed appropriate by TouchCast under the circumstances presented, without prior notice.

9. Account termination policy

  • If a Free Account user's Account has no activity for three (3) months or longer, TouchCast will send a notification to the Free Account user that such user has three (3) months to claim a non-interactive version of its Content; otherwise, TouchCast reserves the right to remove such Content.
  • If a Free Account user's Account has no activity for three (3) months or longer, TouchCast will send a notification to the Free Account user that such user has three (3) months to claim a non-interactive version of its Content; otherwise, TouchCast reserves the right to remove such Content.
  • TouchCast may suspend or terminate a user's right to submit content or his/her access to the Service if the user is reasonably believed to be a repeat infringer of intellectual property rights of third parties.
  • TouchCast reserves the right to decide whether Content violates this Agreement for reasons other than copyright infringement, including without limitation for pornography, obscenity, excessive length, or in the case of Free Account users, violation of the covenants set forth in Section 8 hereof. TouchCast may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of this Agreement.

10. Warranty disclaimer

  • You agree that your use of the service shall be at your sole risk. To the fullest extent permitted by law, TouchCast, its affiliates, and their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. TouchCast makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content, (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service. TouchCast does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked services or featured in any banner or other advertising, and TouchCast will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services.
  • As between TouchCast and Apple, TouchCast is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the licensed application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the licensed application directly. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the licensed application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be TouchCast's sole responsibility.

11. Maintenance and support; product claims

  • TouchCast is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement or as required under applicable law. You and TouchCast acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
  • TouchCast, not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

12. Digital millennium copyright act

  • If you are a copyright owner or an agent thereof and believe that any Content infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an e-mail address;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • TouchCast's designated Copyright Agent to receive notifications of claimed infringement is Charley Miller, email: info@TouchCast.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to TouchCast customer service through support@TouchCast.com. You acknowledge that if you fail to comply with all of the requirements of this Section 12, your DMCA notice may not be valid.