Disclaimer: Toga Pit does not own nor host any of the videos produced with iTouch My Friends.

If you have any questions or concerns about iTouch My Friends or the video upload process, feel free to contact us with subject “iTouch My Friends Video Uploads.” We will attempt to resolve any issues you may have.

If you have any concerns about a video uploaded by Toga Pit to our YouTube channel at http://www.youtube.com/togapit please contact us with subject “iTouch My Friends Video Uploads” and we will work with you to fix or remove the video.

If you have a problem or concern with a specific video produced with iTouch My Friends that is not on our YouTube channel, you should contact the applicable hosting company. The contact links for YouTube and Facebook can be found below for your convenience.

YouTube: http://www.google.com/support/youtube/bin/request.py

Facebook: http://www.facebook.com/help/?safety

Below is a copy of the video upload agreement governing videos uploaded from within iTouch My Friends.

ITOUCH MY FRIENDS VIDEO UPLOAD AGREEMENT

As a user of iTouch My Friends you may submit video content to third-party sites including YouTube™ and Facebook™, hereafter referred to as “video upload services.” By selecting “Agree” below and/or by using iTouch My Friends to upload a video to one of the video upload services you are agreeing to be bound by the following agreement between you and Toga Pit:

  1. You shall be solely responsible for all videos uploaded using iTouch My Friends and any consequences of uploading them.
  2. You affirm, represent, and/or warrant that you have or own the legal right, including but not limited to any necessary licenses, rights, consents and permissions to use, and authorize a video upload service to use, all patent, trademark, trade secret, copyright or other propriety rights in the uploaded video.
  3. You further affirm, represent, and/or warrant that you have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all videos created and uploaded from iTouch My Friends.
  4. You further affirm, represent, and/or warrant that you will not use iTouch My Friends to upload material that is copyrighted, protected by trade secret or otherwise subject to third part proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant the video upload service all of the license rights granted herein.
  5. You further affirm, represent, and/or warrant that any video or media uploaded from iTouch My Friends is not in violation of any applicable laws, and hereby indemnify Toga Pit of any legal action or consequences arising from your use of iTouch My Friends to submit content to a video upload service.
  6. You agree to be bound by the terms of service of all video upload services, incorporated here by reference:
  7. You further agree to the terms of service for other services that may be used to facilitate the upload of your video, incorporated here by reference:
  8. You further affirm, represent and/or warrant that you are legally capable of entering into such an agreement with Toga Pit and that you are legally capable of entering into any agreements required, whether expressed or implied, by all third party services referenced above.

Acceptance of this agreement shall in no way supercede or override any other agreements between you and Toga Pit. In particular, after agreeing to this agreement you are still bound by the EULA governing the use of iTouch My Friends.

If there is any dispute about or involving this agreement or the portions of iTouch My Friends governed by this agreement, you agree that the dispute will be governed by the laws of the Province of Ontario, Canada, unless prohibited by local law. You also agree to the exclusive jurisdiction and venue of the courts of the province and federal courts of Ontario, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, unless prohibited by local law.

YouTube™, Facebook™, bit.ly™ and Twitter™ are registered trademarks of their respective owners. Toga Pit is in no way affiliated with the owners of these trademarks, and this document shall not be misconstrued as endorsement of Toga Pit or iTouch My Friends by the owners of these trademarks.

The parties confirm that it is their wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations have been and shall be drawn up in the English language only. Les signataires confirment leur volonté que la présente convention, de même que tous les documents s’y rattachant, y compris tout avis, annexe et autorisation, soient rédigés en anglais seulement.