TERMS OF SERVICE
Your Acceptance of Terms
Welcome to the Preview Public Beta
The following Terms of Service (“TOS”) are between you and TechSmith Corporation of 2405 Woodlake Drive, Okemos, Michigan 48864 (“TechSmith”) and constitute a legal agreement that governs your use of the Preview Public Beta, a tracking, assessment, analytics, and report generating beta service and website in connection with your use of the quizzing features of your validly licensed TechSmith CAMTASIA STUDIO 8 or Camtasia for Mac 2 software programs, which are subject to an End User License Agreement, the terms and conditions of which are herein incorporated by reference (collectively referred to as the “Beta Service”). You must agree to these TOS before you can use the Beta Service. You can agree to these TOS by clicking the I Agree button to indicate that you have read and agree to be bound by the TOS, or by actually using the Beta Service. If you do not agree to any of the following terms, please do not use the Beta Service. You should print or otherwise save a copy of these TOS for your records.Legal Authority
To use and/or register for the Beta Service you must be: a) of legal age to form a binding contract with TechSmith, and b) cannot be a person barred from receiving the Beta Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Beta Service. By accepting these TOS you represent that you understand and agree to the foregoing.Changes to this Agreement
TechSmith may update or change these TOS from time to time and recommends that you review the TOS on a regular basis. You understand and agree that your continued use of the Beta Service after the TOS has changed constitutes your acceptance of the TOS as revised.
Description of and Changes to the Beta Service
You understand and acknowledge that the Beta Service is being provided as a “Public Beta”, and is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of testing and evaluation of the Beta Service. The Beta Service may contain errors or inaccuracies that could cause failures, corruption or loss of access to your Beta Service generated reports. TechSmith strongly encourages you to download your details reports and/or summary reports from the Beta Service prior to using the Beta Service. You may connect to the Beta Service using an Internet browser supported by the Beta Service. You are responsible for obtaining access to the Internet and the equipment necessary to use the Beta Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, TechSmith is not obligated to provide any maintenance, technical or other support for the Beta Service. You agree that TechSmith has the sole authority and discretion to determine the period of time for testing and evaluation of the Beta Service. TechSmith will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Service as a commercial Service. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription and use of the Beta Service. TechSmith reserves the right to fully and partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Service with or without notice to you. If TechSmith discontinues the Beta Service, you will be denied access to all Beta Service immediately and TechSmith may delete and/or disable access to the reports associated with your user account. You agree that TechSmith in no way will be liable to you or to any third party for any harm to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Service for any reason and the deletion and/or disabling access to the reports resulting therefrom. You acknowledge that TechSmith has no express or implied obligation to provide, or continue to provide, the Beta Service, or any part thereof, now or in the future; and in addition, TechSmith may at any time, upon prior notice as required by applicable law, institute charges or fees for a commercial version of the Service.Feedback
As part of using the Beta Service, TechSmith will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Service. You agree that in the absence of a separate written agreement to the contrary, TechSmith will be free to use any feedback you provide for any purpose.Limitations on Use
TechSmith may impose certain limitations on the use of the Beta Service, including, but not limited to, allocating certain levels of storage capacity to your account, restricting the number of accounts you may register, restricting the number of reports and assessments that you may generate in connection with your use of the Beta Service, and/or imposing expiration dates on published reports and removing expired reports from the Beta Service. You agree to use the Beta Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. TechSmith reserves the right to modify or impose any limitations on the use of the Beta Service at any time, with or without notice to you.TechSmith Account
You may use the Beta Service only if you can form a binding contract with TechSmith and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdictions and you have a valid e-mail address, Coachseye.com account, Screencast.com account, and/or Twitter.com credentials. We reserve the right to refuse the Beta Service to anyone for any reason at any time.
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete.
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 or twitter credentials, since that is the primary way in which we will communicate with you about your account and your orders.Password
When you register as an account holder/owner 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.No Resale of Beta Service
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Beta Service (or any part thereof) for any purpose.
Content and Your Conduct
"Content" means any information that may be generated or encountered through use of the Beta Service, such as data files, written text, assessments, analytics, graphics, images, videos, and reports, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Beta Service is the sole responsibility of the person from whom such Content originated. This means that you, and not TechSmith, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Beta Service. You understand that by using the Beta Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. TechSmith does not control the Content posted via the Beta Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Beta Service and any Content is solely at your own risk.Your Conduct
You agree that you will NOT use the Beta Service to:
- upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- stalk, harass, threaten or harm another;
- pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Beta Service subscriber, a TechSmith employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (TechSmith reserves the right to reject or block any Subscriber ID which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity);
- engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
- forge any TCP-IP packet header or any part of the header information in an email or a posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Beta Service (“spoofing");
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Beta Service (or any part thereof), or any other computer software or hardware;
- interfere with or disrupt the Beta Service (including accessing the Beta Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Beta Service, or any policies, requirements or regulations of networks connected to the Beta Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
- plan or engage in any illegal activity; and/or
- gather and store personal information on any other users of the Beta Service to be used in connection with any of the foregoing prohibited activities.
You acknowledge that TechSmith is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, TechSmith reserves the right at all times to determine whether Content is appropriate and in compliance with these TOS, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.Access to Your Account and Content
You acknowledge and agree that TechSmith may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of TechSmith, its users or the public as required or permitted by law.Reporting Violations of Your Copyrights
If you believe the copyright in your work has been violated through this Beta Service, please contact TechSmith's agent for notice of claims of copyright infringement, at firstname.lastname@example.org, or at TechSmith Corporation, 2405 Woodlake Drive, Okemos, Michigan 48864.
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 on the Beta Service that you believe infringes your work, with enough detail so that we may locate it on the Beta Service. For example, the infringing material is located at http://www.results.techsmith.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:Termination of Account
2405 Woodlake Drive
Okemos, MI 48864-5910 USA
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.Violations of TOS
If while using the Beta Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of these TOS, you may report it by sending an email to abuse@TechSmith.com
Content Submitted or Made Available by You on the Beta Service
License from You
Except for material we may license to you, TechSmith does not claim ownership of the materials and/or Content you submit or make available on the Beta Service. But you grant TechSmith a license to use, access, reproduce, copy, adapt, modify, store, transmit, reformat, public display and publicly perform and make derivatives of the Content associated with your user account solely as required for the purpose of providing you the Beta Service.
All brand, product and service names used in this Beta Service which identify TechSmith or third parties and their products and services are proprietary marks of TechSmith and/or the relevant third parties in the US and/or other countries. Nothing in this Beta 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. You agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Beta Service. Twitter and related icons are the property of their respective owners and such owners have not endorsed or sponsored the Beta Services.
TechSmith’s Proprietary Rights
You acknowledge and agree that TechSmith and/or its licensors own all legal right, title and interest in and to the Beta Service, and any software, including without limitation, the TechSmith Camtasia Studio 8 or Camtasia for Mac 2 software (including any Content provided therein) provided by TechSmith to you as a part of and/or in connection with the Beta Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Beta Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not publish, distribute, extract, re-utilize, or reproduce any component part or portion of the Beta Service or Software 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 these Terms.License From TechSmith
TechSmith grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by TechSmith as a part of the Beta Service and in accordance with these TOS and any applicable End User License Agreement associated with the Software; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.Export Control
Use of the Beta Service and Software, including transferring, posting, or uploading data, software or other Content via the Beta Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Beta Service and/or Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Beta Service or the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Beta Service or the Software for any purposes prohibited by United States law. You further agree not to upload to your account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this TOS.Software Updates
As part of the Beta Service, you may from time to time receive updates to the Software from TechSmith which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that TechSmith may automatically deliver such updates to you as part of the Beta Service and you shall receive and install them as required.Copyright and Digital Imagery
Termination by You
You may terminate your account and/or stop using the Beta Service at any time.Termination by TechSmith
TechSmith may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Beta Service. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Beta Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Beta Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Beta Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by TechSmith in its sole discretion, and TechSmith will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Beta Service and any reports generated therefrom.Effects of Termination
Upon termination of your account you may lose all access to the Beta Service and any portions thereof, including, but not limited to, your TechSmith account and any reports published thereunder.
Links and Third Party Materials
Certain Content, components or features of the Beta Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because TechSmith may have no control over such third party sites and/or materials, you acknowledge and agree that TechSmith is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that TechSmith shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE BETA SERVICE IS AT YOUR SOLE RISK AND THE BETA SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TECHSMITH AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, TECHSMITH AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE BETA SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE BETA SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE BETA SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE LICENSED TO YOU IN CONNECTION WITH YOUR USE OF THE BETA SERVICE WILL BE CORRECTED.
ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE BETA SERVICE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE BETA SERVICE. YOU FURTHER ACKNOWLEDGE THAT THE BETA SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE BETA SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TECHSMITH OR THROUGH OR FROM THE BETA SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TECHSMITH AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF TECHSMITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE BETA SERVICE; (II) ANY CHANGES MADE TO THE BETA SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE BETA SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE BETA SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BETA SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE BETA SERVICE.
You agree to defend, indemnify and hold TechSmith, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Beta Service; (b) your use of the Beta Service; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Beta Service.
TechSmith may provide you with notices regarding the Beta Service, including changes to these TOS, by email, or by postings on its website and/or the Beta Service.
Any litigation or other dispute resolution between you and TechSmith arising out of or relating to these TOS or your use of the Beta Service will take place in the Western District of Michigan, and you and TechSmith hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that District with respect to any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Michigan, except that body of Michigan law concerning conflicts of law. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
These TOS constitute the entire agreement between you and TechSmith and govern your use of the Beta Service. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of TechSmith to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. Any translation of these TOS is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these TOS shall govern. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Beta Service must be filed within one (1) year after the cause of action arose or be forever barred.
Third Party Terms of Agreement and Related Agreements
You must comply with applicable third party terms of Agreement and related agreements when using the this Beta Service which may include, but may not be limited to, any applicable, Twitter Terms of Service and the Camtasia Studio 8 or Camtasia for Mac 2 software program EULAs, if applicable.
The Beta Service is controlled and offered by TechSmith from its facilities in the United States of America. TechSmith makes no representations that the Beta Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.