Additional Provisions Applicable to EyeChannel TV


Additional Provisions Applicable to EyeChannel TV

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Rev. 12.2014

These additional provisions apply to Your order of Eye Channel TV (“Eye Channel Terms”), and are incorporated into that certain Application License Agreement (“Agreement”) between VueCare Media, LLC, a Maryland limited liability company (“VueCare”) and you (“You”). Any terms used in these Eye Channel Terms and not otherwise defined will have the same meaning as in the Agreement.


1.1. Products and Services offered
After your submission of an Order Form and payment of the fees due, VueCare shall provide You with the following: (1) the Media Player box(es) (the “Hardware”), and (2) access to the Content for Eye Channel TV (together with the Hardware, “the Services”) on a mutually agreeable date (the “Delivery Date”). All Hardware and Content are the property of VueCare.

1.2. Your Responsibilities
VueCare is only responsible for providing you with the Hardware on the Delivery Date and providing you with credentials to enable access to Eye Channel TV. You shall be solely responsible for all other equipment, set-up, installation, and maintenance on the Hardware after the Delivery Date. You shall be solely responsible for maintaining all Hardware. After the expiration of the manufacturer’s warranty on any Hardware, You shall be solely responsible for replacement of any defective Hardware at the full cost of the replacement Hardware. You shall also be responsible for the following: (1) having television screens installed at suitable locations, (2) having power outlet and wired internet connection at screen locations, (3) installing the Media Player near or behind a television screen, and (4) connecting the media player to power, internet, and TV HDMI port. You may only display the Content on the provided Media Player at your designated institution/practice location specified in the Order Form. VueCare has no obligation to support or maintain any Client Material or any other content that You upload to Eye Channel TV or otherwise display using the Media Player that is not supplied by VueCare.

1.3.      Services Details
You shall allow use of office LAN to connect the Media Player to the internet and establish communication to VueCare to enable Your Media Player to download Content and Updates. VueCare reserves the right to use and/or replace the Hardware or software with any other hardware, software or media equipment at its sole discretion. The system operation shall be remotely monitored. You shall ensure electrical and internet connections to the system at all times. Any removal or relocation of Hardware must be requested by You in writing with thirty (30) prior written notice and must be approved by VueCare prior to execution.

1.4. Hardware
VueCare reserves the right to remove any Hardware at any time if it is not being used in accordance with these Eye Channel Terms. The Hardware remains the property of VueCare at all times and you are only provided with a right to use the Hardware during the Term. You shall be responsible for protecting all Hardware from damage, destruction, theft or loss and for all necessary maintenance and repairs. VueCare does not directly support the Hardware. All Hardware is subject to the warranty terms and conditions specified by the manufacturer and support for Hardware is provided solely by the manufacturer. You shall pay the cost of replacing or repairing any Hardware.

1.5. Proprietary Rights, Attribution, and Content Changes
You agree that all right, title and interest (including all copyrights, trademarks, service marks and other intellectual property rights) in and to Eye Channel TV, all Documentation, Content, and all Updates and custom modifications, including all derivative works and modified works, belong exclusively to VueCare. You do not acquire any rights, express or implied, in Eye Channel TV, the Content, any Documentation and Updates, other than those specified in these Eye Channel Terms.


For access to Eye Channel TV, You will be provided with a User ID and Password (collectively, the “Unique Identifiers”) to be used only to access Eye Channel TV and to exercise Your rights and privileges under these Eye Channel Terms. It is Your responsibility to protect Your Unique Identifiers from unauthorized use. You shall maintain as personal and confidential the Unique Identifiers, and are expressly prohibited from transferring or sharing them and from revealing them to any third party to these Eye Channel Terms. Any violation of the foregoing may, at VueCare's sole discretion, result in immediate termination of Your access rights to Eye Channel TV and the Content.


Upon termination of the Eye Channel Terms for any reason, You shall cease using Eye Channel TV, return all Hardware, purge all Unique Identifiers and delete any copies of any Content, and provide an affidavit to VueCare that this has been done. Within fifteen (15) days of termination of the Eye Channel Terms, You shall return the Hardware to VueCare at: 7130 Minstrel Way, Suite 220, Columbia, MD 21045 or any other address specified to you. You shall be responsible for paying for any unreturned Hardware.


All fees are specified in the Order Form for services ordered and not necessarily actual usage. You shall pay VueCare the initial setup and licensing fee (“Setup Fee”) as specified in the Order Form and the subscription fee. The Setup Fee is nonrefundable. The setup fee includes up to 5 hours of labor.  Any time exceeding that allocation or additional custom content requested after setup is complete will be available, but billed at $75/hour unless stated otherwise in the proposal. Unless otherwise noted on the Order Form, Services specified in the Order Form are discounted (the “Discounted Monthly Subscription Fee”) per Media Player. To enjoy the Discounted Monthly Subscription Fee, up to 20% of the content on Your Displayed Video per Media Player must be content provided by VueCare to you by approved participating sponsors (“Approved Marketing Material”). If You do not agree to provide such Approved Marketing Material or fail to do so, you will be charged $175.99 per month as the standard, non-discounted monthly subscription fee. All fees are due on the first of each month after the Delivery Date. VueCare reserves the right to suspend the Services and repossess its Hardware for failure to pay on the due date.