TechSmith Asset Service

Terms Of Service

Please read these Terms of Service ("Terms") carefully as they are the binding terms and conditions that apply to the use of the online content library service, TechSmith Assets (the "Service").

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING "AGREE" OR BY ACCESSING OR USING THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. If you accept or agree to these Terms on behalf of, or in your capacity as an employee, agent, or representative of a company or other legal entity, you represent and warrant that you have the authority to bind the company or other legal entity to these Terms and, in such event references to "you" will refer and apply to that company or other legal entity.

The Service is provided by TechSmith Corporation (referred to herein as "TechSmith" or "we" or "us"), a company incorporated under the laws of the State of Michigan whose principal business address is 14 Crescent Road, East Lansing, MI 48823-5708 U.S.A.

TechSmith reserves the right to amend these Terms from time to time by posting a revised version of these Terms to the site associated with the Service. By continuing to use the Service, you agree to be bound by the most recent version of these Terms. TechSmith shall use reasonable measures to notify users of the Service when a new version of these Terms is available but is under no obligation to obtain your further consent or acknowledgment for you to be bound to any new version of these Terms.

1. Definitions:

"Assets" are the materials licensed through the Service and made available to the user of the Asset Library such as frames, stamps, vector art, video clips, music clips.

"Content" means any video, audio, data, music, still images, quizzes and any other output generated by the user of the Service.

2. License Grant

Subject to your compliance with these Terms, TechSmith and its suppliers and licensors, specifically without limitation, Shutterstock and Storyblocks, grants to you a limited, fully-paid, royalty-free, non-exclusive, and non-transferable, license to access, publicly display, modify, create derivative works of, alter, archive, and otherwise use the Assets and the Service solely for your business or personal purposes to create Content in conjunction with your use of TechSmith products and services such as Camtasia® and Snagit®. These Terms govern your access to and use of the Service including an optional feature that enables the use of a third-party generative artificial intelligence platform provided by Microsoft Corporation (the "Generative AI Feature"). The access, licensing, and use of any other TechSmith products and services other than the Service is subject to the corresponding terms and conditions provided with those products and services. You acknowledge and agree that but for these Terms, you would have no rights or access to the Assets and the Service.

3. Use Restrictions

You may not sell, sub-license, transfer, share, exploit or distribute the Assets except as specifically permitted in these Terms, including, but not limited to, providing the Assets as part of an online database or as stand-alone products in a way that allows a third party to access, download or use all or any portion of the Assets. You cannot use automation, such as computer scripts, to download or "scrape" high volumes of Assets.

You shall not use any Asset item:

a. Except solely as incorporated into your Content in conjunction with your use of TechSmith products and services such as Camtasia® and Snagit®.

b. Together with pornographic, defamatory, or unlawful Content or in such a manner that it infringes upon any third party's trademark or intellectual property rights.

c. Portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: i) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; ii) in connection with the advertisement or promotion of tobacco products; iii) as endorsing a political party, candidate, elected official, or opinion; iv) as suffering from, or medicating for, a physical or mental ailment; or v) engaging in immoral or criminal activities.

d. As a trademark, service mark, or logo or in a manner that infringes upon any third party's trademark or other intellectual property right.

e. In connection with merchandise or promotional items for sale or distribution.

f. For any unlawful purposes;


You shall not claim ownership of any music Asset or otherwise register, distribute, or make available any music Asset with any called "user-generated" content distribution platforms (e.g., YouTube) or via FTP, IRC, peer-to-peer file sharing services or the like, even as synchronized with Content, nor shall you distribute such Assets as or as part of a musical composition or sound recording even if it has been transformed, edited, re-mixed, re-recorded, or otherwise modified or altered (except for basic editing such as start/stop points or fade-in/fade-out) with additional instruments or vocals.

You may not use an music Asset (i) as a musical theme in connection with any products you create and distribute using the Platform, (ii) in an audio-only capacity in which music is the primary content with any products created, (iii) in an international television advertising campaign by or on behalf of an entity with annual revenues of more than One Billion Dollars ($1,000,000,000).

You further agree that you shall not:

a. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or

b. provide any information to TechSmith that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;

c. make duplicate user accounts to bypass account restrictions;

d. reverse engineer any portion, component, or feature of the Service or use the Generative AI Feature to discover any of the underlying components of the models, algorithms, and systems, such as exfiltering the weights of models;

e. combine the Services to create a commercially available branded solution that is marketed to third-party end user customers.

4. Service Availability

TechSmith operates the Service 24 hours a day, 7 days a week, excluding periods when the Service is interrupted or temporarily unavailable for maintenance, upgrades and emergency repairs or may be unavailable due to the failure of telecommunications links and equipment that are beyond the control of TechSmith. TechSmith will take reasonable steps to minimize such disruption where it is within the reasonable control of TechSmith. You agree that TechSmith shall not be liable to you for any unavailability, suspension or discontinuance of the Service.

Additionally, TechSmith reserves the right to modify or terminate the Service for any reason and without notice at any time.

5. Privacy and Marketing Communications

TechSmith has a firm commitment to safeguarding your privacy and providing you choices about marketing communications you receive from us. To learn more about TechSmith and privacy, visit our privacy page at https://www.techsmith.com/privacy-policy.html.

6. Trademarks

All trade names, trademarks, service marks, logos and other brand features (collectively, "Marks") used in this Service which identify TechSmith or third parties and their products and services are proprietary Marks of TechSmith and/or the relevant third parties. Except as expressly stated herein, nothing in this Service shall be deemed to confer on any person any license or right on the part of TechSmith or any third party with respect to any such Marks.

Storyblocks, Shutterstock, QuickTime, Flash, and Windows Media Player and their related icons and marks are the property of their respective owners and such owners have not endorsed or sponsored the Service.

7. Intellectual Property Rights

Unless otherwise stated herein, TechSmith is and shall remain the owner or licensee, as applicable, of all intellectual property rights, including, but not limited to, copyright, patent, and database rights in the Assets, the Service and all TechSmith created and owned content and materials used by TechSmith in connection with providing the Service. You may not publish, distribute, extract, re-utilize, or reproduce any component part or portion of the Assets, the Service or TechSmith created and owned content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set forth herein.

Use of the Generative AI Feature

As indicated above, the Service contains an optional Generative AI Feature to aid in the creation of content. By configuring and using the Generative AI Feature, you expressly consent to your content being shared by TechSmith for processing with Microsoft Corporation.  You further grant to TechSmith an unrestricted, perpetual, non-exclusive, fully-paid and royalty-free, license, with the right to sublicense any such rights to TechSmith's contractors, including contractors supporting the Generative AI Feature, to reproduce, distribute, display, and otherwise use your created content solely as necessary to provide the Generative AI Feature.  TechSmith has no obligation to report on use of your created Content or data associated with the same.  You are prohibited from using web scraping, web harvesting, or web data extraction methods to extract data from the Generative AI Feature.

8. Applicable Law and Jurisdiction

These Terms shall be governed by the laws of the State of Michigan, U.S.A. to the extent U.S. federal laws are not applicable, without regard to their conflicts of law principles. The application of the United Nations Convention on Contracts for International Sale of Goods is expressly excluded. You agree to the exclusive jurisdiction of the Courts of the State of Michigan, U.S.A. and the United States federal district court located in Ingham County, Michigan, U.S.A. This Agreement has been prepared in the English language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. The parties to these Terms waive personal service of any and all process upon them and consent that all such service of process be made by registered mail and shall be deemed to be completed 5 business days after the same shall have been deposited in the United States mail, postage prepaid. You waive any objection based on forum non conveniens and any objection to venue of any action instituted under these Terms by TechSmith in any jurisdiction.

9. General

These Terms, together with all documents incorporated herein by reference, constitute the entire agreement between TechSmith and you with respect to your use of the Service. TechSmith's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

10. Registration and Password

To purchase from or register as a member of the Service you must be 18 years or over. We reserve the right to refuse registration for, or access to, the 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, since that is the primary way in which we will communicate with you about your account and your orders.

When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify TechSmith immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

11. Your Content

You are responsible for all of the Content you create in conjunction with the Service. You agree that you have the legal right to use all Content.

12. Payment

Customer shall pay for the Services and any annual renewals set forth in Customer’s subscription order in accordance with the invoice(s) issued by TechSmith within thirty (30) days of the date of invoice.

13. Suspension, Modification and Termination of Access and Membership

You may terminate your subscription and seek a refund within fourteen (14) days of the date of purchase provided you have not downloaded more than [5] Assets. In the event you have downloaded more than [5] Assets or more than fourteen (14) days have elapsed since the date of purchase, no refund will be provided by TechSmith. Upon termination you will not have access to download Assets through the Service, nor will you retain the right to use any assets previously downloaded. All assets must be deleted prior to the refund being issued.

You can delete your account at any time by contacting TechSmith customer support at https://support.techsmith.com.

You agree that TechSmith may at any time without notice:

● refuse to accept your registration to use the Service

● move, modify or suspend any part of the Service; or

● terminate your account if, in TechSmith's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires TechSmith to do so;

● modify any username or other Content that could be confusing with any TechSmith products and services

● modify, delete or block any Content that contains any explicit/objectionable Content.

14. End of Subscription

Upon termination of these Terms, you may continue to use the Assets you have downloaded as part of your subscription, subject to your compliance with these Terms and specifically in compliance with the restrictions set forth herein. TechSmith does not guarantee access to any downloaded Assets post-termination and is not obligated to provide replacement Assets if such downloaded Assets are subsequently lost, deleted or otherwise no longer available.

15. Disclaimer of Warranty and Limitation of Liability

THE SERVICE, THE ASSETS, TECHSMITH'S SITES, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY TECHSMITH "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON­ INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONALLY, TECHSMITH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.

YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, TECHSMITH SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, THE ASSETS, TECHSMITH'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF TECHSMITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

May 2024