Torsh TALENT is a cloud-based video observation and feedback platform that is operated by Torsh Inc. Sometimes when we refer to Torsh TALENT we’ll say “Torsh TALENT” and sometimes we will say “TALENT” “Site” “we, “us”, or “our”. Don’t be confused; we’re talking about Torsh TALENT. If you use our Site, then you are agreeing to these terms and conditions, which is a fancy way of saying that you have read the stuff we write below, and you agree to follow the rules. If you don’t think that you can follow the rules, then you shouldn’t use our Site. To be clear, when we say “you” we mean anyone who signs up, accesses our Site and uses it to watch videos, observe others, provide feedback or review data generated from videos; since this is primarily a Site for teachers who need help, you are most likely a teacher, a coach or a school administrator. We operate this Site, which means we always have the right to change the rules at any time. Yep, that’s how we roll. If we do make changes, and you continue to use the Site, that means that you are agreeing to follow the new rules.
Torsh TALENT offers a place to store, access, share and interact with user-generated videos of classroom practice or any activities that you may want to record (assuming they are legal of course). The people who provide feedback to you or provide you with ongoing support do not work for us. In most cases they work for your school or organization or for a company that is hired by them. Since they don’t work for us, we take no responsibility for the work that they do. If you have a complaint about the quality of the feedback you receive, discuss it with your school or organization. You are welcome to use our Site whenever you want as long as you don’t break the rules. However, you need to make sure that you have the right equipment to properly use the Site. By this we mean a computer, a mobile device, a camera, Internet service and/or any other software needed to gain access to our Site; this is your responsibility. As with all websites, we may have to fix a thing or two, so every now and then we may shut down to perform maintenance; we promise that this will not take a lot of time and will most likely be done in the wee hours when you are sleeping.
To use our Site, you will need to create a username and password. You know the drill - you have to keep your username and password to yourself and make sure you don’t disclose it to anyone. If you don’t keep them safe, and someone else accesses your account (someone that you don’t want to), we are not responsible. When you create an account on our Site, that account is for you and you are not allowed to share your username and password with anyone else to access your account on Torsh TALENT. That is a no no and we take it very seriously. If you share your username and passwords with anyone else, we reserve the right to ask you to leave our community and our Site immediately.
Torsh TALENT allows you to upload and/or embed videos and other file types so that you can interact and share with colleagues, coaches, mentors, or instructors. We will keep this information private and will not share or disclose this information to anyone. In fact, only you can share your videos and/or files with others. Before you upload and/or embed any videos or files we absolutely require that you get the proper authorization and sign off to capture the video and to include the images of anyone who is captured in the video. We also require that you only upload and/or embed videos or files that you own or have the right to use. Additionally, we do not want you to upload, embed or publish anything on our Site that is pornographic, libelous, defamatory, threatening or obscene. This is so important to us, that if we find out that you uploaded videos or files that you either do not own, or did not get the proper permission to capture and upload/embed, or you upload, embed or publish materials that we find objectionable, we retain the right to immediately suspend or terminate your account without question. Even though we will not share your videos or files with anyone else, our employees have the right to randomly review uploaded or embedded videos or files to ensure compliance with our rules and to maintain quality control.
Ok, this part is gonna get a little lawyerly. Sorry, can’t avoid it. You acknowledge that content on our Site and the software and technology underlying the Site and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable material, including the selection and arrangements thereof, provided or made available to you in connection with Torsh TALENT are the proprietary works of us and/or our third party providers and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, service mark, patent, trade secret and/or other proprietary rights and laws. Except for our limited authorization below, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the Site, our software or underlying technology. You also will not decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, our software, our service or our underlying technology. If you engage in any of the above, we have the right to terminate your account and take you to court. We grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the service, software, underlying technology and content on Torsh TALENT for noncommercial personal or educational purposes. This includes the right to print or download a reasonable number of copies of the materials or content on our Site for your own informational purposes.
You cannot use our Site for any unlawful purpose and it is your responsibility to be aware of what is considered unlawful. You agree that when using our Site you will treat your colleagues, coaches, mentors, or instructors with respect and will not use obscenities or foul language when you communicate or interact with them. We suggest that you be exceedingly careful when sharing personally identifiable information with others while using our Site – in fact, if you can avoid it, we suggest that you not do it. The software and technology underlying our Site is valuable and we need your help in protecting it. To help us do so, you will not scrape or use any robot or other device (manual or automatic), program, algorithm or methodology, to access or monitor any part of our Site. You also can’t circumvent the navigational structure or presentation of the Site or attempt to gain unauthorized access to any portion or feature of the Site by hacking, password "mining", or any other illegal means. Please don’t probe, scan or test the vulnerability of our Site or breach the security or authentication measures of our Site. If you do any of the above, well, you know what will happen: we’ll immediately terminate you (actually, not you, but your access to the Site). You don’t really want that, so please, follow the rules. Privacy Your privacy is so important to us that we created an entirely separate document to deal with it. View our privacy policy here.
You are responsible for everything you do on the Site and you will defend, indemnify, and hold us, our affiliates, and each of our and our affiliates' employees, contractors, directors, suppliers and representatives harmless from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from (i) your use or misuse of the Site; (ii) content that you add to the Site or (iii) your violation of this Agreement.
The trademarks, service marks, and logos that are used and displayed on our Site or in any of our content are registered and unregistered Trademarks of ours and our partners, and are protected, without limitation, pursuant to U.S. and foreign trademark laws. We do not give you the right to use these trademarks.
We may add, change or eliminate features and other aspects of our service and make other changes at any time. These terms will continue to apply to the modified services. You agree that we will not be liable to you or anyone else for any such modification, suspension, or discontinuance.
Torsh TALENT (including, without limitation, our software, technology or content) is provided to you on an "as is" basis. This means that you get what you see and we don’t provide any warranty of any kind about how it works or will work. There are no implied warranties of merchantability, fitness for a particular purpose or non-infringement. Nothing.
Use of Torsh TALENT requires the payment of subscription fees. Don’t worry, you don’t have to pay us anything as your school or organization will make payment on your behalf. We do however, reserve the right to change our prices and institute new charges at any time. In such an event, we will provide notice to whomever is making payment on your behalf. Should your school or organization fail to make payment, your access to the Site may be suspended until payment is made.
The laws of the State of Louisiana will govern this Agreement, as well as any claim that we may have against each other. If we end up in court, you agree to submit to the personal jurisdiction, and that venue is proper in any court located in New Orleans, LA.
Last Modified: August 24, 2017.