Terms and Conditions of Service
This agreement governs the provision of Interactive Video Wall Software As A Service (the "Service") by Touchpoint Video, a registered business in the state of Victoria, Australia (the "Provider") to the client (the "Customer").
- Services
The Provider shall provide the following services to the Customer:
TouchPoint Video Wall settings of the Customer's video urls on the Provider's servers.
TouchPoint Interactive Video Studio to create interactive videos that can be added to the wall, embeded in a webpage or shared via mobile.
- Payment
For Paid Membership The Customer shall pay the Provider the following fees:
Video Wall Hosting: A monthly or annual fee.
Account, Fee for Service fees are non-refundable.
- Term and Termination
This agreement shall commence on the date of acceptance by the Customer and shall continue until terminated by either party. The customer can terminate this agreement via PayPal at any time. The Provider can terminate this agreement if the Customer creates walls that break the law, are of adult or illegal content or breaches any of these terms and conditions.
Upon termination of this agreement, the Provider shall immediately cease providing the Service to the Customer and the Customer shall pay all outstanding fees due to the Provider.
- Ownership and Intellectual Property
The Customer must own or have rights to the assets used when creating interactive video. Assets supplied in the Studio all include commercial usage rights.
The Customer may not produce, distribute or display any materials deemed illegal or adult in nature. This can result in immediate account suspension or termination.
- Limitation of Liability
The Provider shall not be liable for any loss or damage arising from the use or inability to use the Service, or from any content or materials provided by the Customer for use in the Interactive Video.
The Provider shall not be liable for any direct or indirect damages, including, but not limited to, lost profits, loss of business or data, or any other consequential, incidental, exemplary or punitive damages, arising out of or related to this agreement or the Service.
- Confidentiality
The Provider shall maintain the confidentiality of all information provided by the Customer in connection with the Service.
The Provider shall not disclose such information to any third party without the Customer's written permission, except as required by law.
- Governing Law
This agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia.
Any dispute arising out of this agreement shall be resolved by arbitration in accordance with the rules of the Australian Arbitration Association.
- Entire Agreement
This agreement constitutes the entire agreement between the Provider and the Customer and supersedes all prior agreements or communications, whether oral or written, relating to the Service.
No modification of this agreement shall be binding unless in writing signed by both parties.
- Acceptance
Acceptance of these terms and conditions shall be deemed to occur upon the Customer's acceptance of the Provider's proposal.
