Screencast-O-Matic Terms of Service
These Terms of Service ("TOS") are an agreement between you and Big Nerd Software, LLC dba Screencast-O-Matic (together with its affiliates, "Screencast-O-Matic") .
Our Services are not intended for use by persons under the age of 13, unless your access to the Services is authorized, in writing, by your parent or legal guardian.
Screencast-O-Matic offers both Free and Paid (Premium/Pro) versions of the Services. Please see our website for available features. When you sign up for an account at Screencast-O-Matic, you may be asked to provide your name, a valid email address and other contact information requested in order to complete the signup process. Your login may only be used by one person but you may create logins for as many people as your plan allows. You are responsible for maintaining the security of your account and password, for keeping your account information current, and for the activities of all users and logins associated with your account. Screencast-O-Matic cannot and will not be liable for any loss or damage from your failure to comply with these obligations. You may not use the Service for any purpose that is competitive to Screencast-O-Matic as determined solely by Screencast-O-Matic.
Your Content & Permissions
When you use our Services, you can choose to host things like your screen recordings and associated meta data ("Your Content") with Screencast-O-Matic. We claim no Intellectual Property rights to Your Content.
We need your permission to do things like hosting Your Content, backing it up, and sharing it when you ask us to. Our Services also provide you with features like screen recording thumbnails, recording previews, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with to provide our Services.
We may review your conduct and content for compliance with these TOS and our Acceptable Use Policy below. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services. If you provide us any comments or suggestions regarding the Services or any enhancements or improvements to the Services, you agree that we may use those comments and suggestions in any way without any obligation or payment to you.
You are solely and fully responsible for Your Content and for all materials that you or anyone associated with your account post, host, upload, download, create, access or transmit using the Services. You are responsible for taking prompt action to correct any violation of Screencast-O-Matic's acceptable use policy, and to help prevent similar future violations.
The Services are protected by copyright, trademark, and other US and foreign laws. These TOS don't grant you any right, title or interest in the Services, , or to Screencast-O-Matic trademarks, logos and other brand features ("Our Stuff"). The TOS also don't grant you any rights in any third party content, including other users' content, which may be available through the Services.
Our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these TOS, we give you a limited, nonexclusive, nontransferable, revocable license to download and use the Software on your personal computing device, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Software license terms. You agree not to copy, distribute, modify, reverse engineer or decompile the Software, attempt to do so, or assist anyone in doing so. Sometimes we may suggest you use certain third party software with our Services. If you use any third party software, you are solely responsible for agreeing and complying with any third party licensor's terms when downloading and using that software.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported per these TOS. We reserve the right to delete or disable content alleged to be infringing and to block or terminate accounts of infringers.
If you believe the copyright in your work has been violated through these Services, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Screencast-O-Matic to locate the material;
- Information reasonably sufficient to permit the Screencast-O-Matic to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Pursuant to the Digital Millennium Copyright Act, Screencast-O-Matic has designated the person listed below as its agent to receive notifications of alleged copyright infringement:
Attention: Copyright Agent
P.O. Box 45085
Seattle, Washington 98145
Billing. We'll automatically bill you from the date you convert to a Paid Account and on each periodic renewal (unless you choose to opt out of recurring payments) until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.
No Refunds. You may cancel your Screencast-O-Matic Paid Account at any time but you won't be issued a refund unless it's legally required.
Downgrades. If you don't pay for your Paid Account on time, we reserve the right to suspend it or reduce your services to free levels.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
Screencast-O-Matic Acceptable Use Policy
You're responsible for your conduct, Your Content and the conduct and content of all users associated with your account. You must comply with our Acceptable Use Policy herein. Content in the Services may be protected by others' intellectual property rights and you must not copy, upload, download or share content unless you have the right to do so.
You agree not to misuse the Screencast-O-Matic services ("Services") or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- promote or advertise products or services other than your own without appropriate authorization;
- abuse referrals or promotions to get more storage space than deserved;
- circumvent storage space limits;
- reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Screencast-O-Matic.;
- disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Screencast-O-Matic customer, employee, member, or officer (which will result in immediate account termination)
- publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
- threaten or harass others, or advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
- violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading;
- depict anyone under the age of 18; or
- violate the privacy or infringe the rights of others, including any activity or material that infringes, misappropriates or otherwise violates the intellectual property rights, privacy rights, or other personal or property rights of Screencast-O-Matic or any individual, group or entity.
Any complaints (other than claims of copyright infringement) regarding violations of this Acceptable Use Policy by a Screencast-O-Matic user should be reported to abuse@Screencast-O-Matic.com. You should include in any report enough details for us to investigate such complaint.
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services, or to modify or discontinue any feature of the Service, at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these TOS, or use the Services in a manner that in our reasonable determination would expose us to legal liability, violate any applicable law, rule or regulation, disrupt the Services or disrupt others' use of the Services. We reserve the right to institute and enforce limits on users' bandwidth usage and storage space, and to suspend, limit or terminate the accounts of users who exceed those limits. We also reserve the right to institute or modify applicable fees for the Services or features of the Services. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven't accessed our Services for 12 consecutive months. You are responsible for all fees due through the month in which the termination is effective.
DISCLAIMER OF WARRANTIES
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, SCREENCAST-O-MATIC AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, THE AVAILABILITY OF THE SERVICES, OR ANY CONTENT OR FEATURES AVAILABLE THROUGH THE SERVICES. YOU AGREE THAT WE HAVE NO RESPONSIBILITY FOR STORING YOUR CONTENT, AND DO NOT GUARANTEE THAT CONTENT THAT WE HOST, STORE OR BACKUP THROUGH THE SERVICES WILL BE AVAILABLE TO YOU. THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCREENCAST-O-MATIC, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
(B) ANY LOSS OF USE, DATA, CONTENT, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF WHETHER OR NOT SCREENCAST-O-MATIC OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCREENCAST-O-MATIC, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $2 OR THE AMOUNTS PAID BY YOU TO SCREENCAST-O-MATIC FOR THE PAST SIX (6) MONTHS OF THE SERVICES IN QUESTION.
Some places don't allow the types of limitations in this paragraph, so they may not apply to you.
Indemnification by You
You agree to indemnify, defend and hold Screencast-O-Matic and its affiliates, officers, employees, agents, suppliers and distributors harmless from any claim, loss or demand, including reasonable attorney' fees and expenses, relating to or arising from your use or misuse of the Services, Your Content, or the use, misuse, or content of anyone associated with your account.
Before filing a claim against Screencast-O-Matic, you agree to try to resolve the dispute informally by contacting dispute-notice@Screencast-O-Matic.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Screencast-O-Matic may bring a formal proceeding.
Judicial forum for disputes. You and Screencast-O-Matic agree that any judicial proceeding to resolve claims relating to these TOS or the Services will be brought in the federal or state courts of King County, Washington, subject to the mandatory arbitration provisions below. Both you and Screencast-O-Matic consent to exclusive venue and personal jurisdiction in such courts.
IF YOU'RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree To Arbitrate. You and Screencast-O-Matic agree to resolve any claims relating to these TOS or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by sending us a statement of your intention to opt out from this Agreement to Arbitrate, including your name, address, and email address, to the below address within 30 days of first accepting these TOS.
Attention: Dispute Resolution
P.O. Box 45085
Seattle, Washington 98145
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Seattle (WA), or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Screencast-O-Matic will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Screencast-O-Matic will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or Screencast-O-Matic may assert claims, if they qualify, in small claims court in Seattle (WA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in King County, Washington to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
These TOS will be governed by Washington State law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.
These TOS constitute the entire agreement between you and Screencast-O-Matic with respect to the subject matter of these TOS, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these TOS. These TOS create no third party beneficiary rights.
Waiver, Severability & Assignment
Screencast-O-Matic's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these TOS, and any such attempt will be void. Screencast-O-Matic may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these TOS from time to time, with or without notice to you, by posting a copy of the most current version on our website and/or making it available through the Services. You are responsible for reviewing the TOS, and you will be deemed to have agreed to any modification or amendment to the TOS by your decision to continue to use or access the Services after the date on which the revised TOS are posted or made available through the Services.