TERMS AND CONDITIONS OF USE
I. TERMS OF SERVICE
Contentouch is an online platform ("Platform", "Service") provided by Contentouch ("Contentouch", "us", "we") that enables users ("customer", "you") to create mobile applications ("Apps") for other users ("End-user", "users"). The following terms and conditions of use (the "Terms and Conditions") govern your use of the Contentouch.com web site (http://www.contentouch.com). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use this Site.
The updates to the Service, including the issue of new features, tools and resources, are subject to these terms. Your continued use of the Site and the Service after any such changes constitutes Customer's agreement to such changes. The customer is required to periodically check the Site for any changes to these terms. Contentouch does not consider itself bound by different conditions of use unless previously agreed and accepted in writing.
II. DESCRIPTION OF SERVICE
Contentouch is a digital platform that allows you to convert any type of editorial content traditionally designed for printing (catalogs, magazines, newspapers, comic books, brochures, guides, periodicals, books, etc.) into interactive mobile applications for the iPhone, iPad, iPod Touch, and Android devices, allowing you to avoid the complexities and costs normally involved in software development.
With the use of Contentouch you can create an unlimited number of applications and publish the editorial content internally, these applications may be enriched with extra details such as additional information, images, audio/video files, 360-degree photographs of products, and much more (see video tutorial on the website).
The application developed is comparable to the shelf of a library, marked with the customer's brand logo and enriched by its various editorial products, fully mobile and available for download by end users in major online application stores of the world (App Store and Android Market). The procedure to edit and enrich the content in an application is very simple, intuitive and completed by following just a few steps.
The Service offered includes the following main stages of processing:
1) Signing up by registering for the Service online by obtaining a username and password, allowing for access of your account on the Contentouch platform.
2) Creating an App, by providing a few simple details, including: choosing the skin graphics from a library of those available, loading the app image, loading splash-page of the App, and a description of the App.
3) Insert the contents (the documents) in the App by following the steps in the wizard of the platform. After uploading, the customer is able to enrich the pages of the documents with extras like additional information, images, audio/video files, 360-degree photographs of products and much more. During this phase, the customer has the ability to order Contentouch to publish the document, to verify the final result directly on a mobile device (iPhone/iPad/ iPod Touch/Android devices) by downloading an App Preview ("Contentouch Viewer"): see Art.VII, PREVIEW, below.
4) Send the document for publication within the App. At the end of phase 3, above, of the processing of the document, the customer may, at any time, publish the document in its App. Contentouch will publish the document, subject to acceptance of the offer made by Contentouch or its partners and execution of the payment of fees for the Service by customer. Contentouch remains free from any obligation until payment is received and processed.
III. OBLIGATION TO REGISTER
As a condition to use the Service, the customer must first register with the site, filling out the registration form required to create an account. For proper completion of the registration form, the customer must provide their personal information, such as name, company name (if any), city, state, zip code, telephone number, e-mail, and company website (if any). The customer must provide Contentouch with accurate, complete and updated information. Otherwise, Contentouch reserves the right to terminate the account you created.
It is strictly forbidden for the customer to enter false and/or fictitious information in the registration process required for activating the process for the execution of this contract and the further communication, personal data, the address, telephone number and email address must be the only real data and not some other person, or fantasy. It is expressly forbidden to enter any information of a third party. Contentouch reserves the right to prosecute any violation or abuse, for the protection of third parties.
Contentouch reserves the right to refuse registration or cancel a user name in its discretion and without liability, for serious reasons such as, but not limited to, failure to pay for the Service by the customer, and use of false data.
The customer is responsible for maintaining the confidentiality of your account password.
The Service is available only to persons over the age of 18, if they act in their own name or as employee or authorized representative of a company or entity.
By registering on our site and creating a user account, you agree to be bound by these Terms and Conditions. If you do not accept all the Terms and Conditions, you cannot access the Service described herein.
The acceptance of the creation of a new user account by Contentouch is subject to the consent of the customer to all the Terms and Conditions.
IV. ELECTRONIC COMMUNICATIONS
When you visit www.contentouch.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
V. LOADING DATA
After registration, the customer must select a theme from among a number of skins available, required for the documents to be uploaded. A skin defines a default set of images and models used to navigate within the inside of the documents.
Subsequently, the next step involves uploading the documents to the Contentouch platform, with the documents in PDF format, and/or other compatible formats, either as one PDF file of the documents or page by page, specifying whether the original file format is horizontal or vertical.
The customer can upload file sizes of up to 100 MB total. This figure is to be considered as purely indicative and Contentouch reserves the right to accept or reject larger data loads, according to the fee paid by customer, as such choices as related to the IT infrastructure of Contentouch. These restrictions remain at the discretion of Contentouch and the customer expressly accepts this as conditions of choosing to use the Service.
Once the document(s) are uploaded, the publishing piece of the Contentouch platform shall automatically convert and optimize your document so that it can be browsed and read through a mobile application for inclusion in the App Store, or in the Android Market or in other markets at the discretion of the customer, among those available.
The Contentouch platform may, at the explicit request of the customer, create an automatic indexing of the document so that the end user can search for individual words within the document.
The final step is to choose a cover page for the document which will appear in the App and confirmation by the customer to proceed with the publication of the application or single document in an App already published.
VI. RESPONSIBILITY OF THE CUSTOMER
The customer is solely responsible for any activities taken in connection with the Service, for any content uploaded and published through the Site and the Service (including text, graphics, audio, video, etc.) and for any damages arising from such activities or from the content.
The Customer grants Contentouch a license to use, reproduce, modify, adapt and publish any content uploaded through the Service, to fulfill the contract.
In the publishing phase of the document, Contentouch reserves, at its discretion, the right to control and remove or not post any uploaded content that is pornographic, obscene, threatening, libelous, abusive, and offensive or otherwise violates any law or the rights of third parties in case the material is of such character.
Contentouch also reserves the right to delete uploaded content or an App made by the customer if they are not approved by Apple(r) or by order or judgment of a court of law.
The customer indemnifies Contentouch from any liability arising from incorrect financial data due to errors in the information supplied by the customer during registration, since you are solely responsible for supplying the correct information.
The contractual relationship with Contentouch cannot be assigned by Customer to third parties without the prior written consent of Contentouch.
The customer can modify and enrich the document with the addition of extra features (hotspots) on every page, adding window pop-ups, images, videos, photo galleries, 3D objects, and online web pages. It is possible to give titles to one or a few pages and add a page to the index page of the document. These changes may be made automatically by the customer at any time prior to the publication of the document and with more charges subsequently.
The customer has the option, before you give Contentouch the order to publish the document, to verify the final result of the App directly on a mobile device (iPhone/iPad/iPod Touch/Android devices) by downloading an App Preview ("Contentouch Viewer").
Through the application "Contentouch Viewer" the customer, using the same username and password, to access the Service, can download a preview of its documents being processed within the application "Contentouch Viewer". Some of aspects of the Contentouch Viewer include:
(1) Each generated preview expires after 3 (three) hours;
(2)Once expired, the preview of the document which already downloaded the application "Contentouch Viewer" cannot be browsed;
(3)Once expired, the preview of the document cannot be downloaded in the "Contentouch Viewer";
(4) You can re-enable the preview of a document at any time, through the Contentouch platform.
VIII. REQUEST FOR PUBLICATION OF DOCUMENT
WHETHER THE CUSTOMER'S APP IS PUBLISHED IN THE APP STORE WITH THE CONTENTOUCH'S APPLE DEVELOPER ACCOUNT, by clicking on the "PUBLISH" button of a document, the uploaded document will be submitted to Contentouch, in order to verify whether the contents of the document constitutes a violation of the Terms and Conditions of Contentouch and/or Apple®, for reading and acceptance of the latter see related link: http://www.apple.com/legal/itunes/appstore/sg/terms.html.
The customer indemnifies Contentouch for any liability for the content uploaded to the application, in particular for the legality, copyright compliance, and decency of material contained in the document. Customer shall not use the Service for any illegal or unauthorized use and shall not, in the use of the Service, violate any laws in your jurisdiction.
The end user can search and find specific content within the App, browse the pages using the index that eventually gets compiled, discover the multimedia content that was added on some pages. All actions taken by end users within each document is controlled and monitored by Contentouch, in an anonymous manner and collected for statistical purpose.
Except in the case of a malfunction and/or termination of the Contentouch server, once an App is published through the Contentouch platform, the customer can use the Service according to the fee that has been paid to Contentouch. The App will be kept published in the application stores as long as the customer pays for the agreed monthly fee.
IX. METHOD OF PAYMENT IN CASE OF ON-LINE PURCHASE
The customer can pay by credit card or PayPal® or through the additional payment options, as available, when making payment through Plimus, Inc., which will manage all aspects of payments. In case of purchase of Service with payment by credit card, you authorize Contentouch to use your credit card to debit your bank account for the total amount as purchased "online" for the benefit of Contentouch. The whole procedure takes place via secure connection directly connected to the bank owner and operator of the payment Service "online", which Contentouch cannot access.
In addition, together with the completion of the transaction "online", the credit card company will authorize only the amount of your purchase. In any case of cancellation or ineffectiveness of the order, the same will be required to be obtained and Contentouch will void the release of the amount involved. The timing of release for certain types of cards, depend exclusively on the banking system and can be up to their expiration. After the cancellation of the authorization obtained under no circumstances will Contentouch be liable for any damages, direct or indirect, caused by delay in the failure to release the amount committed by the banking system. At no time during the purchase process is Contentouch able to know information about the customer's credit card, sent via secure connection directly to the website of the card company that handles the transaction. No Contentouch archives retain such data. In no event can Contentouch be held responsible for any fraudulent or illegal use of credit cards by a third party, on payment of the Services purchased on the Site.
The e-shop and all security procedures on transactions are fully managed and maintained by Plimus Inc., and therefore Contentouch is not liable for any disruption to its online business transactions being a completely separate entity from Plimus, Inc. and these procedures being out of Contentouch's control.
X. PAYMENTS AND PRICING
Before the final publication of the App in a respective store, the customer must approve the payment issued by Contentouch. Subsequently, the customer is obligated to pay the sum being accepted by following the instructions.
The company who will carry out the collection of payment, typically Plimus, Inc., for transactions made through e-shop, or Contentouch or its partner companies, for additional Services subject to separate negotiation, will send documentation relating to payment made exclusively by e-mail in PDF format to the email address provided by customer during the registration process.
Contentouch reserves the right to change the price of services at any time.
XI. APPLICATION PUBLICATION
After the payment transaction is successful and verified by Contentouch, Contentouch will publish the App in the major markets of the online world, i.e. in the App Store and Android Market or markets identified and chosen by the customer, and thus send the material to respective managers of these stores.
The client is expressly informed of the necessary and prior approval from Apple® and other online stores managers in relation to the contents of a single App. Thereby this implies there is uncertainty both in terms of time of publication and that the App itself is accepted for publication. In this regard, the user acknowledges indemnifying Contentouch from any liability claim, having read its Terms and Conditions, and having read the Terms and Conditions provided by the operators of online stores for use of the Services and understanding and bearing any risk of non-publication.
If the customer decides to publish the App in the App Store, you can choose to use your Apple(r) Developer Account or Contentouch's Apple® Developer Account. The customer can also request from Contentouch, as an ancillary Service, assistance and advice on the creation of the customer's own Apple® Developer Account.
In addition to the production of the App Service as described above, Contentouch also offers the customer a "Statistics" service by which it is possible to monitor and keep track of how the App is used by end users with respect to each single document, including the following: the most popular pages, the most relevant articles, search terms used, etc. The customer has the right to make contents of the App available to end users in four different ways:
(1) Document "open" = document available for free by anyone within the application;
(2) Document "protected" = document accessible only via a password;
(3) Document "by payment" = in-app purchase of a single document or through a subscription service;
(4) App by payment.
The transactions between the customer and end users will be handled by Apple Æ in the App Store, by Google in the Android Market and the respective managers of other online app markets.
XII. EXCLUSION OF WARRANTIES - LIMITATION OF LIABILITY
The use of the Service is at the risk of the customer. The Service is provided "as is" and Contentouch gives no warranty, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement.
Contentouch disclaims any liability with regard to a possible modification of the technical requirements of the media that would result in the need for an update of the App made; Contentouch declines, also, any liability in relation to a possible cessation of operation of the markets on which it is published online, made on the application, such as the App Store or the Android Market.
The customer assumes all responsibility for the continued operation of your AppleÆ account, as eventually utilized in the publication phase of the App on the App Store.
Contentouch only ensures the smooth operation of the Service for a period of 3 (three) months from the date the request to publish the App using the Contentouch platform, intended as a guarantee of proper operation with only the lack of bugs or any other issue that causes the non- usability of the App by the end users. Contentouch is not responsible for any delays, malfunctions and/or interruptions of Service resulting, for example, by:
(1) Force majeure, see below, including weather events;
(2) Tampering or intervention by the customer or unauthorized third parties;
(3) Improper use of the Service by the customer;
(4) Telecommunications networks or hardware or software malfunction of the terminals and ancillary equipment used by the customer;
(5) Delays, omissions, total or partial interruption of Service due to operators of telecommunications services;
(6) Breakage, tampering and/or malfunction of the Contentouch IT infrastructure;
Contentouch is not liable to the customer, directly or indirectly, related to customer or third party for damages, loss of data or costs incurred due to incompatibility, failure, suspension or discontinuance of the Service, except in cases of willful misconduct or gross negligence of Contentouch.
XIII. FORCE MAJEURE
A party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone service, and other telecommunication services, including network facilities and servers. No party is entitled to terminate the agreement in such circumstances.
You agree to indemnify, defend and hold Contentouch, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (i.e. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from the customer use of the Site, the platform, and/or your breach of any term of this agreement.
XV. WARRANTY AND DISCLAIMER
Contentouch will use commercially reasonable efforts to provide support services in a professional manner, but Contentouch cannot guarantee that every question or problem raised by customer can or will be resolved. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO CUSOMTER IN ITS JURISDICTION, CONTENTOUCH MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONSO F ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THESE SUPPORT TERMS OR THE PROVISION OF MATERIALS OR SERVICES UNDER THESE SUPPORT TERMS. CONTENTOUCH SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
XVI. INTELLECTUAL PROPERTY
Each Party shall respect the intellectual property rights of the other party. The Website and the Service are owned and operated by Contentouch, which is the sole owner of all rights, title and interest in the Service Agreement, including all intellectual property rights, including the source code.
This agreement is intended to allow the customer to use the Website and the Service and in no case will transfer intellectual property rights of Contentouch or any third party to the customer.
Contentouch, the Contentouch logo and all other trademarks, service marks, graphics and logos used on this site are the property of Contentouch and their respective owners. The customer does not have the right to use these marks without the written permission of Contentouch or their respective owners.
Contentouch does not claim intellectual property rights on material provided by the customer, which may be sold by these third parties. With regards to the App produced, in its entirety, Contentouch grants the customer a temporary license, the contents uploaded remain the property of the customer, while the source codes remain the exclusive property of Contentouch. By using the Service, the customer warrants that it has full right and ownership of any copyrighted material, uploaded or distributed through the Service. By using the Site and the Service to create applications, the customer agrees to allow end users to view and share the published content. Customer hereby waives, with respect to Contentouch, the rights of any nature on the content uploaded on the platform. The customer may not transfer or assign the App made and published, in any case, to third parties.
The customer grants Contentouch the right to use, even beyond what is necessary in the performance of the project, its logo, trademarks, patents and their uploaded content for the creation of applications, for promotional purposes thus allowing free right to use in any location and under any condition.
In cases where the customer or its end users violate the copyright or other intellectual property rights of Contentouch, of the customer or of third parties, Contentouch will, at its sole discretion, terminate or suspend your account, the access to and use of the Service without any liability to the customer or its end user.
The customer may request the suspension and/or cancellation of the App from the respective App store and/or Contentouch's server. In case of publication of the App with use of your AppleÆ Developer Account, the customer will be in charge of making the request from operators of the various stores; however, if the App was published with use of the Contentouch's AppleÆ Developer Account, Contentouch will be in charge of making the request. No certainty as to deletion of the App from a store can be provided to the customer and customer shall not make any claim and/or request against Contentouch in this regard. With regard to removal of the App and its contents from the Contentouch server, the request must be sent by mail, Contentouch will, at no cost, remove the App, unless the agreements between the manager of the online market and Contentouch provide otherwise. In the latter case no claim and/or request can be made by the customer against Contentouch.
XVIII. TERMINATION AND CANCELLATION
Contentouch reserves the right to terminate or suspend your Service and account to the Customer without notice or liability for breach of the Terms and Conditions. In case of suspension of the user, the right to use the Service stops right away, so neither the customer nor the end users will be able to use it.
In cases of malfunctioning and/or termination and/or shutdown of servers, no request for compensation may be made by the customer to Contentouch, as customer solely bears the risk directly.
In the event that AppleÆ does not approve the contents of the App after the same being sent in for publication, the customer has the right to request an identification code that will allow him to obtain a discount of 50% of the relative price on the implementation on a new and different App, with respect to the rejected App, by the manager of the store referenced.
XIX. ANCILLARY SERVICES
All ancillary services that may be requested of Contentouch, different and additional to those described above, and/or additional Services as identified by the customer, will be subject to separate negotiation and related costs will be specifically agreed between the parties.
Each Party undertakes to keep the terms and provisions of the Service Agreement confidential and not to use, except for the purposes of the Service Agreement, confidential information, including, without limitation, technical information, advertising or financial data, business information, know-how, prices, costs, and administrative, operational, plans or strategies of the other, present or future, or at least any other information at the time of disclosure that is not yet in the public domain. Each party agrees to take all necessary measures to guarantee and protect the confidentiality of such information.
This clause shall be construed as binding on the parties even after the termination of Service Agreement among the parties.
XXI. COMPLAINTS AND COMMUNICATIONS
Any complaints or communications of the customer must be sent by email to the following address: firstname.lastname@example.org
Customer Service requests should be addressed by email to the following address: email@example.com.
XXIII. SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, as posted on the Site. These policies also govern your visit the Contentouch site. Contentouch reserve the right, in its sole discretion, to make changes to our site, policies, and these Terms and Conditions at any time. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition, which shall remain in full force and effect.
XXIV. ARBITRATION CLAUSE
In the event a dispute shall arise between the parties to these Terms and Conditions, it is hereby agreed that the parties shall have the option to activate the arbitration clause by pursuing the arbitration. It shall be referred to the American Arbitration Association for arbitration in accordance with the applicable United States Arbitration and Mediation Rules of Arbitration. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon.
Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
XXV. LAW AND JURISDICTION
These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or of any other term or condition.
If the Arbitration Clause is not activated by one of the parties of the dispute as pursuing arbitration to come to a resolution, you expressly agree that exclusive jurisdiction for any dispute with Contentouch, or in any way relating to your use of the Contentouch site, belongs in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Contentouch or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
CONSENT TO THE COLLECTION OF PERSONAL DATA
THE USE OF PERSONAL DATA
Contentouch collects and uses personal information to:
o develop the application for registration of the account;
o provide Customer Service;
o perform research and analysis aimed at improving Contentouch products, services and technologies;
o communicate new products and services to the customer.
THE DISCLOSURE OF PERSONAL INFORMATION
SECURITY OF PERSONAL DATA
The security of personal information is important to Contentouch. Contentouch follows generally accepted industry standards to help protect customer's personal data, including but not limited to:
o limiting access to customer's personal information to only Contentouch employees, who need to provide Customer Service;
o requesting employees to sign confidentiality agreements to protect confidential information of the customer;
o storage of customer's personal data in computer systems that protect them secure from unauthorized access.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, although at Contentouch, we strive to protect your personal information, we cannot guarantee its absolute security.
However, with regard to online transactions involving money transfers, these remain totally outside the control of Contentouch, being handled completely, solely and independently by an external company (Plimus, Inc.). Any disruption or privacy issues arising from the customer's use of the payment system are not in any way in Contentouch's control, as it is handled by Plimus, Inc.