Please read these Terms of Service ("Terms") carefully as they are the legal terms and conditions that you agree to when you create an account with TechSmith Corporation (the "Account").
By creating an Account you agree to be bound by these Terms which are applicable to all users of our products and services, including casual visitors.
The provider of the products and services on this website is TechSmith Corporation ("TechSmith"), a company incorporated under the laws of the State of Michigan whose principal business address is 14 Crescent Road, East Lansing, MI 48823. TechSmith is also referred to in these Terms as "we" and "us".
Purpose of Service
TechSmith offers software and on-line services which may be used to capture, view, store and share digital images and videos through a range of electronic devices including personal computers and hand-held devices.
TechSmith uses reasonable endeavors to ensure that its website, products and services are available 24 hours a day 7 days a week. However, there will be occasions when availability 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 any product or service it provides. Additionally, we reserve the right to modify or terminate Accounts, products and services for any reason and without notice at any time.
All brand, product and service names which identify TechSmith or third parties and their products and services are proprietary marks of TechSmith and/or the relevant third parties. Nothing in these Terms 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.
Intellectual Property Rights in TechSmith Products and Services
TechSmith, is the owner or licensor of all intellectual property rights, which includes, but are not limited to, copyright, patent, and database rights in the TechSmith products and services and TechSmith created and owned content used by TechSmith in connection with providing the products and service. You may not publish, distribute, extract, re-utilize, or reproduce any component part or portion of any product or 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.
Copyright in Your Digital Content
TechSmith does not claim ownership rights in any digital content contained in your Account. For the sole purpose of enabling TechSmith to display your digital content through TechSmith’s products and services and fulfilling any orders from you, the user, or those with which you have shared your content, grant to TechSmith a non-exclusive, royalty-free license to use, copy, distribute, and display that digital content.
Reporting Violations of Your Copyrights
If you believe the copyright in your work has been violated by another user of TechSmith products and services, please contact TechSmith's agent for notice of claims of copyright infringement, at email@example.com, or at TechSmith Corporation, 14 Crescent Road, East Lansing, Michigan 48823.
A Notice of Claimed Infringement must contain the following information and/or statements:
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
Identify the material or content that you believe infringes your work, with enough detail so that we may locate it. For example, the infringing material is located at http://www.screencast.com/xxxx-page.html; provide your address, telephone number, and current email address;
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;
Provide information, if possible, sufficient to permit TechSmith to notify the owner/administrator of the allegedly infringing material or content (email address preferred)
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
Provide your physical or electronic signature.
A Counter Notification to a Notice of Claimed Infringement must contain the following information/statements:
Identify the specific URL or other unique identifying information or material that TechSmith has removed or to which TechSmith has blocked access;
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;
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;”
Include your physical or electronic signature;
Send the written Counter Notification to TechSmith at:
TechSmith Corporation 14 Crescent Road, East Lansing, MI 48823USA
Termination of Account
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 the instructions above to contact TechSmith and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
Amendment of the Terms
TechSmith reserves the right to amend these Terms from time to time without any notice to you. You can review the most current version of the Terms at any time at https://www.techsmith.com/legal.html
Applicable Law and Jurisdiction
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, and 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.
These Terms constitute the entire agreement between TechSmith and you with respect to your Account. 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.
When you create an Account you may 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.
Formation of a Binding Contract
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.
You are responsible for all of the content you upload, share or copy using TechSmith products and services. You must have the legal right to copy and display each image or video that you upload, share or print. Professional content provided to you by professional content creators or made available through websites or other resources, is protected by copyright and should not be uploaded, shared or copied unless the right has been granted to you.
You agree not to use TechSmith products and services:
for any unlawful purposes;
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;
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;
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;
to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted;
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 which may cause any defect, error, malfunction or corruption to the Service;
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;
to engage in any spamming of any kind or nature or any other duplicative or unsolicited messages, whether commercial or otherwise.
Violation of any of these provisions will result in the termination of your 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.
You further agree that you shall not:
interfere with or disrupt (or attempt to interfere with or disrupt) any service or servers or networks connected to a service, or to disobey any requirements, procedures, policies or regulations of networks connected to a service; or
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;
make duplicate user accounts to bypass account restrictions.
Monitoring of Content
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.
Suspension, Modification and Termination of Access and Membership
You agree that TechSmith may at any time without notice:
refuse to accept your request to create an Account;
move or suspend any product or service; or
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;
modify any username or other content that could be confusing with any TechSmith products and services or which contains any explicit/objectionable content.
A user may cancel their Account at any time without refund.
Disclaimer of Warranty and Limitation of Liability
TechSmith agrees that all services will be carried out with reasonable skill and care.
EXCEPT AS SPECIFICALLY STATED IN THE APPLICABLE TERMS OF SERVICE OR END USER LICENSE AGREEMENT, 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.
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.
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.
Version Feb 2023