Terms & Conditions

IMPORTANT. PLEASE READ CAREFULLY.

The document that follows this paragraph represents the Terms of Use for TouchZen Media apps.

 

Definitions. In these Terms of Use, the words "we" and "us" and "our" refer to TouchZen Media LLC., and the phrase "our offerings" refers to our web site located at www.touchzenmedia.com and any of our apps on the iPhone/iPad, Android and other apps which may be downloaded through iTunes, Google Play, other Android app stores, etc.

 

Our Offerings. Through our offerings, TouchZen Media publishes apps for clients and brands looking to expand their content to mobile applications. None of the materials we provide in any of our offerings are intended to substitute for any professional educational or other advice or instruction.

 

Privacy Policy. Please find our Privacy Policy here. Our policies on collecting and using any personal information we collect from or about our users are set forth in the Privacy Policy, which is hereby incorporated by reference in its entirety.

 

Restrictions on Use. The purpose of our site is to promote apps for our clients. This is how we want you and our other users to use our offerings.

 

  • You may not use our site for any unlawful purpose, or for any purpose that is prohibited by these Terms of Use or a purpose for which our offerings were not intended to be used.
  • You may not interfere or attempt to interfere with the operations of our offerings, including through the use of any device, software or routine, or access or attempt to gain access to any data, files or passwords related to our site through hacking, password mining or any other means.
  • You may not frame our site within another web site, without our prior written permission, or link to our site with the intention of directing undesirable users or other inappropriate traffic to our offerings.
  • You may not modify any of the apps or reproduce, create derivative works based upon or infringe the copyrights, trademarks and other intellectual property rights any of the apps featured in our offerings, in whole or in part.
  • You may not distribute, resell, sublicense, sell or provide access to, or otherwise commercially exploit our offerings, including any of the digital books. Our offerings are made available to you solely for your personal enjoyment and use.
  • You may not share your user id and password with any person other than those in your immediate family members (i.e., you, your spouse, partner, or other guardian, any of your children who reside with you and have access to devices owned by you or in your sole possession and control).

 

Ownership. Our offerings are based upon and contain various elements and technologies that may be protected by copyrights, trademarks, trade secrets, patents, and/or other proprietary rights, which may be valid and enforceable in the United States and elsewhere in the world and remain protected and protectable in respect of different formats, media, and technologies, whether existing now and hereinafter developed. The trademarks, service marks, trade names and logos, including the TouchZen Media logo, used and displayed in our offerings are registered and unregistered trademarks of TouchZen Media LLC or its licensors. You may not use any of our or our licensors' trademarks without our or their prior written approval, which you may request by contacting us at support <at> touchzenmedia.com.

 

App Software License. If you download one of our offerings that is an app or other software, the app software including any files, images incorporated in or generated by the app software and data accompanying the app software are licensed to you by TouchZen Media or its licensors and suppliers. Neither TouchZen Media nor its licensors or suppliers transfers title to any such app software to you, and as between you and us, we and our licensors and suppliers retain full and complete right, title, and interest in and to such app software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble any app software.

 

Copyright Complaints. If you believe that any Content on our site violates your or a third party's copyright, please send us a written notification providing the following information to the designated agent at the address set forth below:

 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on our site; your address, telephone number and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.

 

The notification can be done by written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. Please send the notification, completed according to the instructions above, to the Designated Copyright Agent at TouchZen Media:

 

TouchZen Media LLC

Attn: Designated Copyright Agent

1622 Calle Arigas

Thousand Oaks, CA 91360

 

Warranty Disclaimer. Our offerings, including any apps we publish, are provided "AS IS" and without warranties of any kind, whether express or implied. WE AND OUR AFFILIATES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE OR THE PRODUCTS OFFERED THROUGH OUR SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. Further, neither we nor any of our affiliates or licensors or suppliers assume any responsibility or liability for any interruptions or errors in accessing our offerings, or for any viruses or other harmful components suffered due to use of our offerings, or for the correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise, of any of our offerings.

 

Responsibility Disclaimer. Applications produced under TouchZen Media LLC are not intended to provide medical advice. All content, including text, graphics, images and information in our applications are for general informational and educational purposes only. The content in our applications is not intended to be a substitute for professional diagnosis or treatment. The authors and publishers of our applications are not responsible for any adverse effects that may occur with the use of the information in the applications. You are encouraged to make your own healthcare decisions based on your research and in partnership with a qualified healthcare professional.

 

LIMITATIONS ON LIABILITY. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES' RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR OFFERINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO OUR OFFERINGS, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law. Indemnification. You agree to indemnify, defend, and hold us and our officers, directors, members, managers, employees, agents, affiliates, suppliers, successors and assigns harmless from and against any and all claims, liabilities, damages, losses and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your access to or other use of our site, including, but not limited to, creation of personalized versions and/or derivative works based on the Content.

 

Termination. These Terms of Use, and any accounts or our offerings and associated products and services, may be terminated at any time by either party. You may at any time cease to use our offerings altogether. We may terminate and block your further access, upon finding sufficient cause in our sole discretion, with or without notice to you. All provisions which are intended to survive (such as the Rights to User Participation/Personalizations, Ownership, Warranty Disclaimers, Limitations on Liability, Indemnification, etc.) will survive any such termination.

 

Governing Law and Jurisdiction. These Terms of Use, and all matters arising directly or indirectly from your access to or other use of our offerings, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Severability. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of these Terms of Use, and that provision and these Terms of Use generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in these Terms of Use.

 

Changes to Terms of Use or Our Offerings. We may change these Terms of Use at any time, and your continued use of any of our offerings will evidence your agreement to any changes to these Terms of Use we may post. This means you should check the Terms of Use regularly for any changes. TouchZen Media may add, change, discontinue, remove or suspend any portion of any of our offerings, including making changes to or removing any apps or any content within any apps at any time, with or without notice. Questions or comments. Please feel free to contact us by email at support <at> touchzenmedia.com. We are always interested in your feedback.

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