USER AGREEMENT

All materials on this Web Site (“Site”), and the Site itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by or benefit of SlideSource or its affiliates, or used with permission of its owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Site, as well as the software used in the design and development of this Site. All rights are reserved. The materials contained in this Site are displayed for information and promotional purposes only. Users do not obtain any right, title or interest in any material or software as a result of any such downloading or copying. Users may not reproduce, publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Site, any of the materials in this Site, or any related software. Any other use of materials on this Site, including reproduction for purposes other than personal use, modification, distribution or republication, without the prior express written permission of SlideSource is strictly prohibited.

SUBMISSIONS/SERVICES

User acknowledges that its use of this Site at this time (which user acknowledges is under development) is at User’s risk, and shall be governed by this User Agreement which may be amended from time to time. User agrees that any and all comments, messages, postings, data, suggestions, creative ideas, images, designs, concepts, product and service suggestions relating to the SlideSource Site Operations, products and services provided to User and other Customers by SlideSource and other items or critical feedback provided by User to SlideSource (“Feedback”) shall be and become the property of SlideSource. Notwithstanding the foregoing, any and all User content, User materials disclosed, uploaded, submitted or offered to SlideSource through or in connection with User’s use of this Site and its products and services (“Submissions”), shall be owned by User or licensed for use by User. Such Submission or offer of any Submission shall constitute an assignment to SlideSource of all rights, title and interests in all copyrights and other rights in the Submissions for reproduction by SlideSource solely for Customer’s use only. SlideSource is and shall be, under no obligation to pay to anyone any compensation for or in connection with the use of any Submissions or Feedback. By making any Submission through, in connection with, or related to this Site, User agrees that SlideSource has the right (but not the obligation) to copy, publish, distribute or use such Submissions, or any part or parts thereof, in connection with the Services to be provided Customer only, without compensation to User or to any other person. User agrees not to upload, post, distribute or otherwise publish on this Site any material that is libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy and is and shall remain solely responsible for the content of any Submission made by User. User shall pay no fees for its use of this Site and its software during the testing phase. SlideSource has no obligation to provide ongoing software maintenance and support, and User accepts the Site and software for its use “as is.”

LINKS

This Site may contain links to other sites. SlideSource is not responsible for the availability of, or any content or material contained in, or obtained through any such sites. Any link to another site, and reference to third-party information, products or services linked to this Site, is not, and should not be construed as, an express or implied endorsement by SlideSource. Any questions or comments relating to such other sites should be addressed to the operator or operators of those sites.

DISCLAIMER

Periodically material in this Site may contain inaccuracies or typographical errors. SlideSource shall not be liable or responsible for any loss or damage caused by or arising from User’s reliance on information obtained from or through this Site. User shall be responsible for evaluating the information and other content available throughout this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.

NO WARRANTIES

THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SLIDESOURCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEEDOM FROM MALICIOUS PROGRAMS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESESENTATION AND WARRANTIES. SLIDESOURCE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR UP TO DATE, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS WILL BE REMEDIED. USER AGREES BY USING THIS SITE THAT USE OF THIS SITE IS AT USER’S SOLE RISK, THAT USER ASSUMES FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT IS USED IN CONNECTION WITH THIS SITE, AND THAT SLIDESOURCE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SLIDESOURCE BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, EVEN IF SLIDESOURCE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS, SERVICES, AND MATERIALS ON THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INTELLECTUAL PROPERTY RIGHTS

User acknowledges that the Site and its products and services are the exclusive property of SlideSource and/or one or more of its third party providers, free and clear of any claims by User, other than this as permitted by this User Agreement. Nothing in this Agreement shall be construed to transfer to User any rights, title, and/or interest in and to the Site, its products and services, including, without limitation, the Intellectual Property Rights.

MISCELLANEOUS

User acknowledges that if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. These Terms of use of this Site shall be governed under the laws of the State of North Carolina, without regard to its conflict of law principles. Any dispute arising under these Terms or out of the use of this Site shall be resolved exclusively by the state and federal courts of the State of North Carolina, in Wake County, North Carolina. By using this Site, User hereby agrees to the personal jurisdiction of, and venue in, such courts.

TERMINATION OF USE

SlideSource reserves the right to immediately terminate User’s use of, or access to, the Site at any time if SlideSource, in its sole discretion determines that User has breached this agreement, or any relevant law, rule or regulation or that User has engaged in conduct or behavior that SlideSource considers to be unacceptable or inappropriate.