Screencast-O-Matic Terms of Service

Last Modified: May 22, 2018

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”).

Thanks for using Screencast-O-Matic! The TOS cover your use and access to our services, client software and websites, and any updates, modifications or enhancements to same (collectively, “Services”). The TOS include and incorporate by reference our Privacy Policy, which explains how we collect and use your information and can be found at http://www.Screencast-O-Matic.com/privacy. By using our Services, you’re agreeing to be bound by the TOS, including the Privacy Policy. Solely if you’re using our Services on behalf of an organization, then (i) “you” includes you and that organization, and (ii) you represent and warrant that you are an authorized representative of the organization with the authority to bind the organization to this TOS, and that you’re agreeing to these TOS on behalf of that organization. You may use the Service only if you can form a binding contract with Screencast-O-Matic, and only in compliance with this TOS and all applicable local, state, national, and international laws, rules and regulations.  IF YOU DO NOT AGREE TO THESE TOS, DO NOT USE OUR SERVICES.

Please read this TOS carefully to ensure that you understand each provision. This TOS contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

Our Services are not intended for use by persons under the age of 13. The Children’s Online Privacy Protection Act (COPPA) requires that online service providers obtain parental consent before they collect personally identifiable information online from children who are under 13.  The Service relies on Schools, districts or teachers (each, an “Educator”) to provide such consent when the Service is used in an educational setting. Educators may provide content from the Service to children under 13 without permitting such children to provide any personal information to the Service, and/or you may allow students under 13 to use our Services only to the extent that you represent that you have the authority to permit the Service to collect personal information from such children for educational purposes, as permitted by COPPA.

If you are an Educator, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and that you are entering into this TOS on behalf of your school and/or district. For the purposes of COPPA compliance, you represent and warrant that you shall not permit children under 13 to provide personal information to the Service unless you have the requisite authority under COPPA to consent to the Service collecting such personal information from children and that you shall be responsible for managing your account and providing any instructions necessary to ensure the personal information of children under 13 is maintained and used in compliance with COPPA and the scope of your authority to provide parental consent.

For more information on COPPA please see our Privacy Policy.

Account Terms

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 providing accurate and complete information, for keeping your account information current, and for the activities of all users and logins associated with your account. You must notify Screencast-O-Matic immediately of any breach of security or unauthorized use of your account. Screencast-O-Matic cannot and will not be liable for any loss or damage from any unauthorized use of your account or 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.

By providing Screencast-O-Matic your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your Your Account settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Your Content & Permissions

When you use our Services, you can choose to host things like information, data, content or materials, including, without limitation, any and all image(s), text, photograph(s), video(s), sound recordings, and screen recordings and associated meta data (collectively, “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. Accordingly, by posting, submitting, publishing, displaying, transmitting or otherwise making available any of Your Content on or through the Services, you hereby grant Screencast-O-Matic a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use Your Content in connection with our provision of the Services to you. You also hereby grant each user of the Service a non-exclusive license to access Your Content through the Service, and to use such of Your Content as you permit thorough the settings you configure, as permitted through the functionality of the Service, and under these TOS. The above licenses granted by you in Your Content you submit to the Service will terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Screencast-O-Matic may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

The license granted to us above extends to our affiliates existing from time to time and trusted third parties we work with to provide our Services.

In connection with Your Content, you affirm, represent and warrant the following:

  • You have the written consent of each and every identifiable natural person in Your Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this TOS, and each such person has released you from any liability that may arise in relation to such use;
  • You have obtained and are solely responsible for obtaining all consents as may be required by law to post and/or publish any of Your Content relating to third parties;
  • Your Content and Screencast-O-Matic’s use thereof as contemplated by this TOS and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights, including without limitation, any and all copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights; and
  • Screencast-O-Matic may exercise the rights to Your Content granted under this TOS without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

We may review your conduct and Your 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 (“Ideas”), you agree that we may use those Ideas in any way without any obligation or payment to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Screencast-O-Matic does not waive any rights to use similar or related ideas previously known to Screencast-O-Matic, or developed by its employees, or obtained from sources other than you.

Screencast-O-Matic takes no responsibility and assumes no liability for any of Your Content that you or any other user or third party posts, sends, or otherwise makes available over the Service. 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, publish, share or transmit using the Services and you agree that we are only acting as a passive conduit for your online distribution and publication of Your Content. 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. You understand and agree that you may be exposed to content of other users that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Screencast-O-Matic shall not be liable for any damages you allege to incur as a result of or relating to any of Your Content or any other user’s content.

Our Stuff

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, any materials therein or transferred thereby, including without limitation, any of Screencast-O-Matic software, images, text, graphics, illustrations, trademarks, service marks, logos, patents, copyrights, photographs, audio, videos, music, or content belonging to other users, and/or other brand features (collectively, “Our Stuff”) or any intellectual property rights related to any of the foregoing. Our Stuff is the exclusive property of Screencast-O-Matic, and, except as otherwise provided in this TOS, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of Our Stuff.  Use of Our Stuff for any purpose not expressly permitted by this TOS is strictly prohibited.

Software

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 use the Services, including without limitation to, download and use the Software on your personal computing device, solely to access and use the Services, in each case, as permitted by the features of the Services and in accordance with this TOS. The Software may use or include third party components, Content, other copyrighted material, and/or open source software which may be subject to certain “open source” or “free software” licenses. The use of such material is governed by their respective terms. 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.

Copyright

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
Screencast-O-Matic
P.O. Box 45085
Seattle, Washington 98145
copyright@Screencast-O-Matic.com

Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Please note that this procedure is exclusively for notifying Screencast-O-Matic and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Screencast-O-Matic’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Screencast-O-Matic has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Screencast-O-Matic may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

California Residents

The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Third Party Links and Information

The Services may contain links to third-party materials that are not owned or controlled by Screencast-O-Matic. Screencast-O-Matic does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services or share Your Content on or through any third-party website or service, you do so at your own risk, and you understand that this TOS and Screencast-O-Matic’s Privacy Policy do not apply to your use of such sites. You expressly relieve Screencast-O-Matic from any and all liability arising from your use of any third-party website, service, or content, including without limitation user content submitted to the Services by other users. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Screencast-O-Matic shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Security

Screencast-O-Matic uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Paid Accounts Policy

Subscriptions and Billing. If you choose to subscribe to our Paid version of the Services, 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 during sign-up, conversion or as set forth here until cancellation. IF YOU DO NOT OPT OUT OF RECURRING PAYMENTS, YOUR SUBSCRIPTION FEES WILL AUTOMATICALLY BE CHARGED TO THE CARD ON FILE THAT IS ASSOCIATED WITH YOUR PAID ACCOUNT AT THE END OF YOUR INITIAL SUBSCRIPTION PERIOD CHOSEN BY YOU AT THE TIME OF YOUR ORDER FOR SUBSEQUENT PERIODS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION PERIOD (EACH A “SUBSCRIPTION PERIOD”), UNTIL YOU CANCEL IN ACCORDANCE WITH THE CANCELLATION PROCEDURES DESCRIBED BELOW. We will automatically renew your subscription on each Subscription Period anniversary date and, as authorized by you by checking the box demonstrating your consent for automatic monthly/annual renewal of your subscription during the sign-up process, we will charge your then-current payment method associated with your account with the applicable then-current fee and any sales or similar taxes that may be imposed. Unless you opt out of recurring payments, you hereby expressly agree that we may submit periodic charges consistent with each Subscription Period without further authorization from you until we receive written notice from you that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act upon such notice.  All fees related to the subscription are fully earned upon payment.

Price Changes. Prices are subject to change. We may change the subscription fees for our Paid versions of the Services in effect but will give you advance notice of these changes via a message to the email address associated with your account. Any price changes will take effect following such notice.

Subscription Cancellation and Refunds. You may cancel your subscription at any time by following the instructions found here. Cancellation requests must be received at least one full calendar day prior to your next renewal date to avoid being charged for the next Subscription Period’s subscription. Cancellation requests received after that shall take effect the following Subscription Period. Screencast-O-Matic requires a reasonable amount of time to process your subscription cancellation request. If you cancel your subscription, you will enjoy your subscription benefits until the end of the then-current Subscription Period, and your subscription benefits will expire at the end of the then-current Subscription Period for which you have paid. You will not be eligible for a prorated refund of any portion of the subscription fees paid for any unused days of the then-current Subscription Period, unless such refund is legally required in the region where you live. If you live in a region where we’re legally required to issue a refund on early cancellation please email: support@screencast-o-matic.com. We reserve the right to suspend or cancel any subscription or to reduce your paid Services to free levels, in each case, if we are unable to successfully charge your payment method to renew your subscription, if you don’t pay for your Paid account on time, or in the event of any other breach by you of this TOS. In the event we suspend, terminate or downgrade you, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your account, or for anything else. For more information on refunds, please click here.

Payment Information. Our third-party payment processors will charge your fees for your Paid account and any other charges you may incur to the payment method you provide when you register for, or convert to, a Paid account. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Screencast-O-Matic must be accurate, complete, and current. You may change your payment method by changing the information in your Paid 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. Our Stuff, including without limitation, the content of other users using 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 Services or help anyone else to do so. For example, you will not 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;
  • participate in verbal, physical, written or other abuse (including threats of abuse or retribution) of any Screencast-O-Matic user, 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;
  • 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.

Termination

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 are using 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, LICENSORS 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, INCLUDING WITHOUT LIMITATION, THAT the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. 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, ACCURATE, RELIABLE OR CORRECT. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. No advice or information, whether oral or written, obtained by you from Company or through the Service will create any warranty not expressly stated herein.

Further, Screencast-O-Matic does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Screencast-O-Matic will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This TOS gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this TOS will not apply to the extent prohibited by applicable law.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCREENCAST-O-MATIC, ITS AFFILIATES, LICENSORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:

(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR

(B) ANY LOSS OF USE, DATA, CONTENT, GOODWILL, BUSINESS, PROFITS, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF LEGAL THEORY.

THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF WHETHER OR NOT SCREENCAST-O-MATIC OR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS OR DISTRIBUTORS 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 states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This tos gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this tos will not apply to the extent prohibited by applicable law.

Indemnification by You

You agree to indemnify, defend and hold Screencast-O-Matic and its affiliates, officers, employees, agents, suppliers, licensors and distributors, and their employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, demands, costs or debt, and expenses (including without limitation, reasonable attorney’ fees and expenses), relating to or arising from (i) your use or misuse of the Services, Your Content, or Our Stuff, or the use, misuse, of content of anyone associated with your account; (ii) your violation of any term of this TOS, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) Your Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

 

Governing Law, Arbitration, and Class Action/Jury Trial Waiver

Governing Law.  These TOS shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in King County, Washington State for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that King County, Washington State is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

Arbitration.  Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Screencast-o-matic. For any dispute with Screencast-O-Matic, you agree to first contact us at legal@screencast-o-matic.com and attempt to resolve the dispute with us informally. In the unlikely event that Screencast-O-Matic has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these TOS, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in King County, Washington State, unless you and Screencast-O-Matic agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Screencast-O-Matic from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property or other proprietary rights.

Class Action/Jury Trial Waiver.  With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, we each agree that to the fullest extent permitted by applicable law, all claims must be brought in the parties’ individual capacity, and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

Entire Agreement

This TOS constitute the entire agreement between you and Screencast-O-Matic with respect to the subject matter of this TOS, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this TOS. Other than as set forth in the “Indemnification by You” section above, this TOS creates 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 this TOS will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign this TOS or any of your rights or obligations under these TOS, and any such attempt will be void. Screencast-O-Matic may assign this TOS or any of its rights or obligations hereunder without restriction.

Modifications

We may revise these TOS from time to time, with or without notice to you, so you should review this page periodically. When we change this TOS in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. You are responsible for reviewing the TOS, and you will be deemed to have agreed to any such modification or amendment to the TOS by your decision to continue to use or access the Services after the ‘last modified’ date has changed.

Third Party Acknowledgement and Terms

The Software licensed under the terms and conditions of this EULA may use or include third party components, Content, other copyrighted material, and/or open source software which may be subject to certain “open source” or “free software” licenses (“Open Source Software”). The use of such material is governed by their respective terms. The Open Source Software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS OF PURPOSE.ADDENDUM FOR THE USE OF FFmpeg

The Software utilizes the FFmpeg video application and its included libraries (the “FFmpeg code”). FFmpeg is a trademark of Fabrice Bellard (originator of the FFmpeg project – FFmpeg project, http://www.ffmpeg.org) licensed under the GNU Lesser General Public License 2.1. GNU Lesser General Public, Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA and you can distribute and/or modify the FFmpeg code under the terms of such license. You may obtain a copy of the license at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html.

The source to FFMpeg is not modified by Screencast-O-Matic. The original source can be found here: FFMpeg Source

ADDENDUM FOR THE USE OF Cisco-Provided Binary of OpenH264 Video Codec

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About The Cisco-Provided Binary of OpenH264 Video Codec (the “CISCO code” or, for purposes of this Addendum and the Cisco licenses and notices, “this Software” or “this Product”)

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Cisco provides the CISCO code under the terms of the BSD license.

Additionally, the CISCO code is licensed under Cisco’s AVC/H.264 Patent Portfolio License from MPEG LA, at no cost to you, provided that the requirements and conditions shown below in the AVC/H.264 Patent Portfolio sections are met.

As with all AVC/H.264 codecs, you may also obtain your own patent license from MPEG LA or from the individual patent owners, or proceed at your own risk. Your rights from Cisco under the BSD license are not affected by this choice.

For more information on the OpenH264 binary licensing, please see the OpenH264 FAQ found at http://www.openh264.org/faq.html#binary

A corresponding source code to this binary program is available under the same BSD terms, which can be found at http://www.openh264.org

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BSD License

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Copyright © 2014 Cisco Systems, Inc.

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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AVC/H.264 Patent Portfolio License Notice

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The binary form of this Software is distributed by Cisco under the AVC/H.264 Patent Portfolio License from MPEG LA, and is subject to the following requirements, which may or may not be applicable to your use of this software:

THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM

Accordingly, please be advised that content providers and broadcasters using AVC/H.264 in their service may be required to obtain a separate use license from MPEG LA, referred to as “(b) sublicenses” in the SUMMARY OF AVC/H.264 LICENSE TERMS from MPEG LA found at http://www.openh264.org/mpegla

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AVC/H.264 Patent Portfolio License Conditions

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In addition, the Cisco-provided binary of this Software is licensed under Cisco’s license from MPEG LA only if the following conditions are met:

  1. The Cisco-provided binary is separately downloaded to an end user’s device, and not integrated into or combined with third party software prior to being downloaded to the end user’s device;
  2. The end user must have the ability to control (e.g., to enable, disable, or re-enable) the use of the Cisco-provided binary;
  3. Third party software, in the location where end users can control the use of the Cisco-provided binary, must display the following text:

“OpenH264 Video Codec provided by Cisco Systems, Inc.”

  1. Any third-party software that makes use of the Cisco-provided binary must reproduce all of the above text, as well as this last condition, in the EULA and/or in another location where licensing information is to be presented to the end user.

ADDENDUM FOR THE USE OF libresample4j

The Software utilizes the libresample4j video application and its included libraries (the “libresample4j code”). libresample4j is licensed under the GNU Lesser General Public License 2.1. GNU Lesser General Public, Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA and you can distribute and/or modify the libresample4j code under the terms of such license. You may obtain a copy of the license at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html.

Copyright (c) 2009 Laszlo Systems, Inc. All Rights Reserved.

libresample4j is a Java port of Dominic Mazzoni’s libresample 0.1.3, which is in turn based on Julius Smith’s Resample 1.7 library (http://www-ccrma.stanford.edu/~jos/resample/). This product includes software derived from the work of Julius Smith and Dominic Mazzoni (http://ccrma-www.stanford.edu/~jos/resample/Free_Resampling_Software.html)

libresample 0.1.3

Copyright 2003 Dominic Mazzoni .

Resample 1.7

Copyright 1994-2002 Julius O. Smith III ,

All rights reserved.

ADDENDUM FOR THE USE OF Transition2D/3D library

Transition2D/3D is distributed under the terms of the “BSD” license, as specified below.

Copyright (c) 2014, Jeremy Wood.

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

* The name of the contributors may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

ADDENDUM FOR THE USE OF of proxy-vole library

proxy-vole is distributed under the terms of the “BSD” license, as specified below.

Copyright (c) 2009, Bernd Rosstauscher

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

ADDENDUM FOR THE USE OF scribe library

scribe is distributed under the terms of the “MIT” license, as specified below.

Copyright (c) 2013 hh.ru

Copyright (c) 2010 Pablo Fernandez

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

ADDENDUM FOR THE USE OF json-simple library

json-simple library is distributed under the terms of the “Apache-2.0” license. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0.

Copyright:      2006-2009, Yidong Fang

2006-2009, Chris Nokleberg

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

ADDENDUM FOR THE USE OF gdata library

gdata library is distributed under the terms of the “Apache-2.0” license. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0.

Copyright:      2007, Havard Gulldahl

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

ADDENDUM FOR THE USE OF AppleJavaExtensions

AppleJavaExtensions is distributed under the terms of the “Apple Inc.” license, as specified below.

Disclaimer: IMPORTANT: This Apple software is supplied to you by Apple Computer, Inc. (“Apple”) in consideration of your agreement to the following terms, and your use, installation, modification or redistribution of this Apple software constitutes acceptance of these terms. If you do not agree with these terms, please do not use, install, modify or redistribute this Apple software.

In consideration of your agreement to abide by the following terms, and subject to these terms, Apple grants you a personal, non-exclusive license, under Apple’s copyrights in this original Apple software (the “Apple Software”), to use, reproduce, modify and redistribute the Apple Software, with or without modifications, in source and/or binary forms; provided that if you redistribute the Apple Software in its entirety and without modifications, you must retain this notice and the following text and disclaimers in all such redistributions of the Apple Software. Neither the name, trademarks, service marks or logos of Apple Computer, Inc. may be used to endorse or promote products derived from the Apple Software without specific prior written permission from Apple. Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Apple herein, including but not limited to any patent rights that may be infringed by your derivative works or by other works in which the Apple Software may be incorporated.

The Apple Software is provided by Apple on an “AS IS” basis. APPLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS. IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Copyright © 2003-2010 Apple Inc., All Rights ReservedADDENDUM FOR THE USE OF JLayer

The Software utilizes the JLayer – MP3 Library. JLayer is licensed under the GNU Lesser General Public License 2.1. GNU Lesser General Public, Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA and you can distribute and/or modify the JLayer code under the terms of such license. You may obtain a copy of the license at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html.

ADDENDUM FOR THE USE OF libjpeg-turbo

This software is based in part on the work of the Independent JPEG Group
Copyright (C)2009-2013 D. R. Commander. All Rights Reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
– Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
– Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
– Neither the name of the libjpeg-turbo Project nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS”, AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

ADDENDUM FOR THE USE OF SoundTouch library

The Software utilizes the SoundTouch library. SoundTouch library is licensed under the GNU Lesser General Public License 2.1. GNU Lesser General Public, Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA and you can distribute and/or modify the SoundTouch library under the terms of such license. You may obtain a copy of the license at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html.

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