Recordit Terms of Use

  1. By using the Services, You are agreeing to be bound by the following terms and conditions (“Recordit Terms of Use”).

  2. We reserve the right to update and change the Recordit Terms of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Recordit Terms of Use. Continued use of the Service after any such changes shall constitute Your consent to such changes. You can review the most current version of the Recordit Terms of Use at any time at: http://help.recordit.co/recordit-terms-of-use/

Copyright and Data Ownership

  1. All of Your Data posted on the Service must comply with any applicable copyright law. You are responsible to ensure that Your Data and any images generated by you during use of the Services comply with all applicable laws.  You shall be responsible for any and all costs associated with your use of the Services and the images generated thereby.

  2. We claim no intellectual property rights over Your Data.

Reservation of Rights

  1. Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Service, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.

Intellectual Property Rights

  1. We shall retain all intellectual property rights to the Services including the platforms, software, applications, and services that are executed within them, excluding those who are owned by third-parties.

Take Down Notice and Procedure

  1. Recordit abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged copyright or other intellectual property infringement that comply with the DMCA and other applicable laws. As part of our response, and regardless of the merits of the alleged infringement, we may remove or disable access to material residing on a site that is controlled or operated by Recordit that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.  Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Recordit’s rights and obligations under the DMCA and, in particular, Section 512(c), and do not constitute legal advice.

Notice of Infringing Material

  1. To file a notice of infringing material on a site owned or controlled by Recordit, please provide a notification containing the following details: (i) reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL); (ii) reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material); (iii) your contact information so that we can contact you (for example, your address, telephone number, email address); (iv) a statement that you have a good faith belief that the use of the material identified in clause (ii) above is not authorized by the copyright owner, its agent, or the law; (v) a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and (vi) your physical or electronic signature. This notice should be sent to:

DMCA Agent: Navid Safabakhsh
9450 SW Gemini Dr #90438
Beaverton, OR 97008-7105
Email: hi@placeit.net
Counter Notification

  1. If material that you have posted to a site controlled or operated by Recordit has been taken down, you may file a counter-notification that contains the following details: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (ii) a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question; (iii) your name, address and telephone number; (iv) a statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Recordit may be found and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as generally described above; and (v) your physical or electronic signature.  This notice should be sent to:

DMCA Agent: Navid Safabakhsh
9450 SW Gemini Dr #90438
Beaverton, OR 97008-7105
Email: hi@placeit.net

  1. Please note, however, that this is no substitute for legal advice and you should obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws.

Manner of Giving Notice

  1. Except as otherwise specified herein, all notices, permissions and approvals hereunder sent to You from Us shall be in writing and shall be deemed to have been given upon the first business day after sending by email.

Indemnity and Liability

INDEMNITY.

You agree to indemnify and hold Recordit, its subsidiaries, affiliates, officers, agents, employees, advertisers, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.

To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY SERVICES ARE ALL AT YOUR SOLE RISK.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RECORDIT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

RECORDIT DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

General Conditions

  1. You understand that We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

  2. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Us.

  3. You agree not to 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 Us.

  4. We may, but have no obligation to, remove Your Data containing Your Data that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Recordit Terms of Use.

  5. You understand that the technical processing and transmission of the Service, including Your Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  6. We do not warrant that (i) the Service will meet Your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet Your expectations, and (v) any errors in the Service will be corrected. In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the service, (unless the non-excludable consumer guarantee says otherwise).

  7. You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.

  8. Our failure to exercise or enforce any right or provision of the Recordit Terms of Use shall not constitute a waiver of such right or provision. The Recordit Terms of Use constitutes the entire agreement between You and Us and governs Your use of the Service, superseding any prior agreements between You and Us (including, but not limited to, any prior versions of the Recordit Terms of Use).

  9. Governing Law and Venue: The laws of Victoria, Australia govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

  10. Export: You agree, in connection with your use of the Empowerkit and any Service, to comply with all applicable export and re-export control laws and regulations. You warrant that You are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that You will not purchase the RecordIt services using funds sourced from a sanctioned country. US-specific controls: This service is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export Envato Elements Items to a U.S. sanctioned country or to anyone on the SDN list.

Definitions

“Service” means services which may be described, in part, on http://recordit.co and/or on the webpage, if applicable, and made accessible to You through a web-based interface provided to You by Us.

“We,” “Us” or “Our” means Cebia Pty Ltd having its offices at 121 King St Melbourne, Victoria 3000, Australia.

“You” or “Your” means the person or other legal entity for which you are accepting this agreement.

“Your Data” means all electronic data or information submitted by You to or for the Service.