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Media Capture and Screen Recording Terms & Conditions Supplement

Screen Recording and Photo/Video Capture Services

When you use the ioMoVo.io (“ioMoVo”) Screen Recording and/or direct Photo and Video Capture Services, you may host digital assets such as 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 (all to be referred to as “Your Content”) within ioMoVo’s native cloud storage and environment.  ioMoVo claims no intellectual property rights to Your Content.

ioMoVo requires your permission to host Your Content, back it up, share it, and synchronize it with an external (non-ioMoVo) storage account per your initiated request.  The ioMoVo Services referenced in this section provide you with features like screen recording including user-selected audio, taking screenshots, directly capturing photos into ioMoVo and directly capturing video into ioMoVo.  These and other features may require the ioMoVo application to access, store and scan Your Content along with your device’s camera(s) and/or microphone(s). Accordingly, by posting, submitting, publishing, displaying, transmitting or otherwise making available any of Your Content on or through ioMoVo Services, you hereby grant ioMoVo a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use Your Content in connection with our provisioning of ioMoVo Services to you.  The above licenses granted by you within Your Content that you submit to ioMoVo Services will terminate within a commercially reasonable time after you remove or delete Your Content from ioMoVo’s Services. However, you understand and agree that ioMoVo may retain, but not display, distribute, or perform server copies of your content that have been removed or deleted. The above licenses granted by you in this T&C that you agree to are perpetual and irrevocable.

The license granted to us above extends to our current and future affiliates along with trusted third parties we work with to provide you ioMoVo 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 T&C, 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 ioMoVo’s use thereof as contemplated by these T&C and the Services 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
  • ioMoVo may exercise the rights to Your Content granted under these T&C 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 T&C and our Acceptable Use Policy. However, ioMoVo has no obligation to do so. ioMoVo is not responsible for the content people post and share via ioMoVo Services. If you provide us any comments or suggestions regarding the Services or any enhancements or improvements to ioMoVo’s Services (“Feedback”), you agree that we may use that Feedback in any way without any obligation or payment to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, ioMoVo does not waive any rights to use similar or related feedback previously known to ioMoVo, or developed by its employees, or obtained from sources other than you.

ioMoVo 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 via ioMoVo’s 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 ioMoVo 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 ioMoVo’s Acceptable Use Policy, and to help prevent similar future violations. You understand and agree that you may be exposed to content of other ioMoVo users that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that ioMoVo 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.

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 T&C. 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 ioMoVo to locate the material;
  • Information reasonably sufficient to permit ioMoVo to contact you, such as a current address, telephone number and email;
  • 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, ioMoVo has designated the person listed below as its agent to receive notifications of alleged copyright infringement:

I/O Software, Inc.
Attn:  ioMoVo Legal
20 F St. NW, Suite 700
Washington, DC 20001

USA
info@iomovo.io

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 ioMoVo and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with ioMoVo’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, ioMoVo has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. ioMoVo 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.