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Introduction <p> Please read these Terms of Service ("Terms") carefully as they are the legal terms and conditions that you agree to when you use the online file sharing services provided to you by Screencast.com through www.screencast.com (collectively, the "Service").</p>
<p> By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors.
If you choose to register as a member of, or make a purchase through, our Service, you will be asked to click a Sign Up button to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms.</p> Part A: Provisions applicable to all Users of the Service (Whether Registered or Not) Operator <p> This Service is operated by TechSmith Corporation ("TechSmith"), a company incorporated under the laws of the State of Michigan whose principal business address is 2405 Woodlake Drive, Okemos, MI 48864 U.S.A.</p>
<p> TechSmith is also referred to in these Terms as "we" and "us".</p> Purpose of the Service <p> TechSmith offers a video online sharing service to view, store and share digital videos through a range of electronic devices including personal computers and hand-held devices.</p> Availability <p> TechSmith uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week.
However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of TechSmith.
Every reasonable step will be taken by TechSmith to minimize such disruption where it is within the reasonable control of TechSmith.
You agree that TechSmith shall not be liable to you for any modification, suspension or discontinuance of the Service.
Additionally, we reserve the right to modify or terminate the TechSmith service for any reason and without notice at any time.</p> Privacy <p> TechSmith has a firm commitment to safeguarding your privacy.
The terms of TechSmith's privacy policy are incorporated into, and considered part of, these Terms.</p> Trademarks <p> All brand, product and service names used in this Service which identify TechSmith or third parties and their products and services are proprietary marks of TechSmith and/or the relevant third parties.
Nothing in this Service shall be deemed to confer on any person any license or right on the part of TechSmith or any third party with respect to any such image, logo or name.</p>
<p> QuickTime, Flash, and Windows Media Player and related icons are the property of their respective owners and such owners have not endorsed or sponsored the computer services provided on this Site.</p> Intellectual Property Rights in TechSmith’s SCREENCAST.COM Service <p> TechSmith, unless otherwise stated, is and shall remain the owner of all intellectual property rights, which includes, but are not limited to, copyright, patent, and database rights in the TechSmith SCREENCAST.COM Service and TechSmith created and owned content used by TechSmith in connection with providing the Service.
You may not publish, distribute, extract, re-utilize, or reproduce any component part or portion of the Service or TechSmith created and owned content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our legal notice.</p> Reporting Violations of Your Copyrights <p> If you believe the copyright in your work has been violated through this Service, please contact TechSmith's agent for notice of claims of copyright infringement, at legal@techsmith.com, or at TechSmith Corporation, 2405 Woodlake Drive, Okemos, Michigan 48864.</p>
<p> A Notice of Claimed Infringement must contain the following information and/or statements: </p>
<ul>
<li>Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
For example, the copyrighted work at issue is the video that appears on your site at http://www.xxxx.com/xxxx-page.html </li>
<li>Identify the material or content on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service.
For example, the infringing material is located at http://www.screencast.com/xxxx-page.html.
provide your address, telephone number, and current email address;</li>
<li>Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;</li>
<li>Provide information, if possible, sufficient to permit TechSmith to notify the owner/administrator of the allegedly infringing material or content (email address preferred)</li>
<li>Provide us with the following statement “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or I am authorized to act on behalf of the owner of the exclusive rights that is/are allegedly infringed upon.”.
and </li>
<li>Provide your physical or electronic signature.</li>
</ul> Counter Notification <p> A Counter Notification to a Notice of Claimed Infringement must contain the following information/statements:</p>
<ul>
<li>Identify the specific URL or other unique identifying information or material that TechSmith has removed or to which TechSmith has blocked access;</li>
<li>Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Ingham County, Michigan if your address is outside the United States, and that you will accept service of process from the person who provided notification of claimed infringement or an agent of such person;</li>
<li>Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material or content identified above was removed or disabled as a result of a mistake or misidentification, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown or displayed;”</li>
<li>Include your physical or electronic signature;</li>
</ul>
<p> Send the written Counter Notification to TechSmith at: <br> TechSmith Corporation <br> 2405 Woodlake Drive <br> Okemos, MI 48864-5910 USA</p> Termination of Account <p> In appropriate circumstances, TechSmith will terminate the account of repeat infringers.
If you believe that an account holder or subscriber is a repeat infringer, please follow he instructions above to contact TechSmith and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.</p> Amendment of the Terms <p> TechSmith reserves the right to amend these Terms of Use from time to time with out any notice to you.
You can review the most current version of the Terms of Service at any time at: http://www.screencast.com/tos.aspx.</p> Applicable Law and Jurisdiction <p> These Terms shall be governed by the laws of the State of Michigan, U.S.A.
to the extent U.S.
federal laws are not applicable, without regard to their conflicts of law principles.
The application of the United Nations Convention on Contracts for International Sale of Goods is expressly excluded.
You agree to the exclusive jurisdiction of the Courts of the State of Michigan, U.S.A.
and the United Sates federal district court located in Ingham County, Michigan, U.S.A.
This Agreement has been prepared in the English language and such version shall be controlling in all respects and any non English version of this Agreement is solely for accommodation purposes.
The parties to this Agreement waive personal service of any and all process upon them and consent that all such service of process be made by registered mail and shall be deemed to be completed 5 business days after the same shall have been deposited in the United Sates mail, postage prepaid.
You waive any objection based on forum non conveniens and any objection to venue of any action instituted under these Terms by TechSmith in any jurisdiction.</p> General <p> These Terms constitute the entire agreement between TechSmith and you with respect to your use of the Service.
TechSmith's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.</p> Comments <p> If you have any comments or questions about the Service please contact us by email at custservice@techsmith.com.</p> Part B: Provisions Applicable to Registered Members and Customers Registration <p> To purchase from or register as a member of the Service you must be 18 years or over.
We reserve the right to refuse service to anyone for any reason at any time.</p>
<p> You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete.</p>
<p> You also agree that you will ensure that this information is kept accurate and up to date at all times.
This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.</p> Password <p> When you register as a member you will be asked to provide a password.
As you will be responsible for all activities that occur under your password, you should keep your password confidential.
You must notify TechSmith immediately of any unauthorized use of your password or if you believe that your password is no longer confidential.
We reserve the right to require you to alter your password if we believe that your password is no longer secure.</p> Formation of a Binding Contract <p> No contract will exist between you and TechSmith for the supply of any services or products unless and until TechSmith accepts your order by a confirmatory e-mail, IM message or other appropriate means of communication.</p> Copyright in Your Digital Content <p> TechSmith does not claim ownership rights in any digital content contained in your account.
<b>For the sole purpose of enabling us to display your digital content</b> through the Service and fulfilling any orders for you or those with which you have shared your content, you grant to TechSmith a non-exclusive, royalty-free license to use, copy, distribute, and display that digital content.
Please note that when you share your Screencast.com content, you allow the recipients to share and make copies of that content.</p> Conduct <p> You are responsible for all of the content you upload, share or copy using the Service.
You must have the legal right to copy and display each video that you upload, share or print.
Professional content that are provided to you by professional content creators or made available through websites or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.</p>
<p> You agree not to use the Service: </p>
<ul>
<li>for any unlawful purposes;</li>
<li>to upload, post, email or otherwise transmit or communicate any material that is obscene, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous or illegal;</li>
<li>to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to TechSmith;</li>
<li>to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;</li>
<li>to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;</li>
<li>to upload, post, email or otherwise transmit any material which is likely to cause harm to TechSmith or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;</li>
<li>to make videos manufactured and/or produced by TechSmith available for viewing by the general public through a publicly posted link to the video or otherwise;</li>
<li>to engage in any spamming of any kind or nature or any other duplicative or unsolicited messages, whether commercial or otherwise.</li>
</ul>
<p> Violation of any of these agreements will result in the termination of your TechSmith account.
While TechSmith prohibits such conduct and content on its site, you understand and agree that TechSmith cannot be responsible for the Content posted on its website and you nonetheless may be exposed to such materials and that you use the TechSmith service at your own risk.</p>
<p> You further agree that you shall not: </p>
<ol>
<li>interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service.
or</li>
<li>provide any information to TechSmith that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;</li>
<li>make duplicate user accounts to bypass account restrictions.</li>
</ol> Monitoring of Content <p> TechSmith does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose.
You acknowledge that you are solely responsible for all content and activity that occurs on your user account.</p> Suspension, Modification and Termination of Access and Membership <p> You agree that TechSmith may at any time without notice: </p>
<ul>
<li>refuse to accept your application to become a member of Screencast.com;</li>
<li>move or suspend any part of the Service.
or</li>
<li>refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in TechSmith's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires TechSmith to do so;</li>
<li>modify any username or other content that could be confusing with any TechSmith products and services or which contains any explicit/objectionable content.</li>
</ul> Storage Policy <p> TechSmith provides online storage of content to its members.
If, however, for a period of 12 months: (a) your free account has not been logged into (“an Inactive Account”) or (b) content associated with your free account has not been viewed or accessed (“Inactive Content") , TechSmith may, at its option, reclaim and terminate access to the free Inactive Account altogether (including deletion of any account information held by TechSmith and the deletion of any Inactive Content associated with the same).
or delete any Inactive Content from the Service.
By way of clarity, the preceding Inactive Account and Inactive Content provisions shall not apply to Pro (paid) accounts.
TechSmith may change this policy at any time, upon reasonable notice to you.</p> Termination <ul>
<li>User Termination - The user may cancel their account at any time without refund.</li>
</ul> Disclaimer of Warranty and Limitation of Liability <p> TechSmith agrees that all services will be carried out with reasonable skill and care.</p>
<p> THE SERVICE, TECHSMITH'S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY TECHSMITH "AS IS" WITH NO WARRANTIES WHATSOEVER.
ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED.
TO THE FULLEST EXTENT PERMITTED BY LAW, TECHSMITH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.</p>
<p> YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR VIDEO TO TECHSMITH, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.</p>
<p> EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, TECHSMITH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, TECHSMITH'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF TECHSMITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.</p>