Terms & Conditions

Thank you for using Digital Screencast! These terms of service (Terms) cover your use and access of our website, our Chrome Extension and related software (Services).
 
These Services are provided by Digital Screencast, located at Faridabad, INDIA 121005 and whennot mentioned directly by name, will be referenced through these Terms as “we”, “our”, or “us”.
 
By using our Services you agree these Terms and to review our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use our Services.
 
Changes to Terms. We reserve the right to modify these Terms at any time. We will always post the most current version on our website and notify you should anything material change. If you have acquired a paid license or subscription for our Services, we may notify you (for example by email or showing a message in our software) as well. By continuing to use the Services after the changes become effective, you agree to the revised Terms.
 
Software. Services may include downloadable software, which may update automatically on your device to newer versions. We grant you a worldwide, non-exclusive and non-transferable right to use the Services for any purpose that does not knowingly infringes on existing intellectual property rights. Components of the software may be offered under an open source license, in these cases we will make that license available to you. Provisions of the open source license may expressly override some of these Terms.
 
Services, Pricing & Renewals. From time to time the Service’s features may change, including withdrawing or adding new features as well as changing the price. You may upgrade or cancel your renewal at any time by visiting our website, in My Account > Billing. Please note that full or pro-rated refunds will not be issued.
 
Until canceled, purchased subscription to the Services will remain active and will automatically renewon each anniversary of your subscription date.
 
Customers who purchased a one-time subscription to the Services, shall continue to be granted access, but unless expressly stated otherwise, such one-time fee does not include paid upgrades for new features. Additionally, subscriptions made via an offline purchased order shall automatically renew or automatically cancel based on the fee schedule defined within that order.
 
User Conduct. In connection with your access to the Services, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that by or while accessing or using the Application you will not:
  • allow other persons to use your user account, and you agree that you are the sole authorized user of your account;
  • use the Service for any purpose that is unlawful;
  • represent yourself as another or as a fictitious individual;
  • bypass any measures Digital Screencast may use to present or restrict access to the Service, or otherwiseattempt (by any means) to gain access to data or information that you are not entitled to access;
  • copy, modify, create derivatives of, decompile, or reverse engineer the Service or take any action to interfere with Digital Screencast’s proprietary and intellectual property rights;
  • impersonate any person or entity;
  • stalk, threaten, or otherwise harass any person;
  • interfere with or disrupt Digital Screencast or the servers or networks connected to Digital Screencast;
  • post Information or interact on Digital Screencast in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
  • use Digital Screencast in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through Digital Screencast;
  • “frame” or “mirror” any part of Digital Screencast, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
  • rent, lease, lend, sell, redistribute, license or sublicense Digital Screencast or access to any portion of Digital Screencast;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of Digital Screencast or its contents;
  • transfer or sell your user account, password and/or identification to any other party;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity,physical or mental disability, medical condition, marital status, age or sexual orientation;or
  • cause any third party to engage in the restricted activities above.
 
The above assurances and commitments by you shall survive termination Services.
 
Limitation of Liability. To the fullest extent permitted by law, in no event shall Digital Screencast be liable for any direct or indirect damages, loss of data, business, profits, computer hardware or software. In no event shall Digital Screencast’s liability exceed the amounts paid by you to Digital Screencast for the past 12 months.
 

Warranties

As-Is Services. We strive to provide good Services and hope you enjoy using them. But there are things we cannot guarantee. We provide our Services “As is”. To the fullest extent permitted by law,we make no warranties either implied or expressed about the Services. We do not make any promise about the specific functions of the Services, their reliability or availability.
 
Feedback. You may provide feedback regarding the Services, including requests for functionality, features, operation, user friendliness, and suggestions for improvement. All feedback provided is made without warranty, is AS IS, and shall become the property of Digital Screencast.
 
Digital Screencast Communications. By becoming a Digital Screencast user, you agree to receive communications from us, including via e-mail. Please see our Privacy Policy regarding the nature, use and ability to unsubscribefrom such communications.
 
Your Information.By becoming a Digital Screencast user, you agree that we may use your information as set forth in our Privacy Policy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. Digital Screencast does not assert any ownership over your Information; rather, as between you and Digital Screencast, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information. However, in order to enable Digital Screencast to use your Information, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and touse, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known for the purpose of providing the Digital Screencast platform and otherwise for using your information as set forth in our Privacy Policy.
 
Intellectual Property. All intellectual property and trademark rights in Digital Screencast shall be owned by Digital Screencast absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same (the “Intellectual Property”). All other trademarks, logos, service marks, company or product names set forth in the Digital Screencast are the property of their respective owners. You agree that you will not use Digital Screencast’s Intellectual Property for any purpose except to the extent necessary to be as user of the Digital Screencast Services. If you create any materials using the Digital Screencast Intellectual Property, you agree that upon their creation Digital Screencast exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Intellectual Property or derivative works based on the Digital Screencast Intellectual Property. You further agree to assign any interest or right you may have in such materials to Digital Screencast, and to provide information and execute any documents as reasonably requested by Digital Screencast to enable Digital Screencast to formalize such assignment.
 
Disclaimers. Digital Screencast is not responsible for the conduct, whether online or offline, of any user of Digital Screencast. You are solely responsible for your interactions with other users. Digital Screencast expressly disclaims any liability arising from the unauthorized use of your user account.Should you suspect that any unauthorized party may be using your user account or you suspect any other breach of security, you agree to notify us immediately. We disclaim all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users, or “hackers”).
 
Indemnity. You will defend, indemnify, and hold Digital Screencast including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of Digital Screencast, including but not limited to: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party; (3)any allegation that any materials that you submit to us or transmit through Digital Screencast or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities by you in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
 
Term and Termination. This Agreement is effective upon your creation of a user account. This Agreement may be terminated by Digital Screencast, without cause, upon written notice.

USE OF CONTENT

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
 
You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.

ACCEPTABLE WEBSITE USE

(A) Security Rules

Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(B) General Rules

Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

INDEMNITY

The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of Digital Screencast ortheir breach of the terms .

LIABILITY

User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages. User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

If you have any questions regarding Digital Screencast, please contact our customer support team at support@Digitalscreencast.com.

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