Terms and Conditions
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 for 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 and source code 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.
Term
Subject to termination as provided elsewhere in this Agreement, User’s access to make Submissions to the Site (“Subscription”) shall be on a monthly basis, beginning the first day of each month, terminating on the last day of each month. Thereafter the Subscription will automatically renew unless terminated as outlined herein.
Submissions/Services
User acknowledges that its use of this Site 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. SlideSource has no obligation to provide ongoing software maintenance and support, and User accepts the Site and software for its use “as is.” Should User terminate the Agreement, User shall be responsible for removing User content prior to loss of access to the Site. SlideSource will not actively remove User content, but cannot guarantee content availability beyond 90 days following termination of the Agreement.
Service Availability
User acknowledges and agrees that the services provided under the Subscription or at the Site may not be available at all times. SlideSource will use commercially reasonable efforts to make the Site and Subscription available for access and use, as contemplated under this Agreement, an average of at least ninety-nine percent (99%) of the time during each month during the Term (the “Availability Requirement”), excluding any period of Permitted Unavailability. “Permitted Unavailability” includes “Planned Outages (as defined below) and any unavailability due to causes beyond SlideSource’s reasonable control, including, without limitation: any software, hardware, or telecommunication failures; interruption or failure of telecommunication or digital transmission links; internet slow-downs or failures; failures or default of third-party software, vendors or products; and unavailability resulting from User’s actions or omissions or a failure of User’s communications link or systems. “Planned Outages” means the period of time during which SlideSource conducts standard systems maintenance and any instances requiring emergency maintenance. SlideSource will use reasonable efforts to scheduled Planned Outages during non-peak hours. In the event SlideSource fails to achieve the Availability Requirement, it will use commercially reasonable efforts to correct the interruption as promptly as practicable. In the event SlideSource fails to achieve the Availability Requirement in two consecutive months during the Term of this Agreement, User may terminate the Agreement upon delivery of written notice to SlideSource without further obligation and received a prorated refund of any pre-paid, unused Subscription Fees. The refund is the User’s sole and exclusive remedy and SlideSource’s sole and exclusive liability for failure to achieve the Availability Requirement.
Subscription Fee
BETA Services
SlideSource may designate certain trial services to be made available in connection with the Subscription as “Beta Services.” The Beta Services will not be ready for use in a production environment. Because they will be at an early stage of development, operation and use of the Beta Services may be unpredictable and lead to erroneous results. User acknowledges and agrees that: (i) the Beta Services will be experimental and will not have been fully tested; (ii) the Beta Services may not meet all User requirements; (iii) the use or operation of the Beta Services may not be uninterrupted or error free; and (iv) use of the Beta Services will be for purposes of evaluating and testing the new functionality and services and providing feedback to SlideSource. Use of the Beta Services will be subject to all of the terms and conditions of this Agreement relating to the Services. User agrees to promptly report any errors, defects, or other deficiencies in the Beta Services to SlideSource. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ALL BETA SERVICES ARE PROVIDED "AS-IS" AND "AS-AVAILABLE," WITHOUT WARRANTIES OF ANY KIND AND USER AGREES TO USE THE BETA SERVICES AT USER’S SOLE RISK. User waives any and all claims, now known or later discovered, that it may have against SlideSource, its suppliers and licensors arising out of the Beta Services.
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 FREEDOM 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 REPRESENTATION 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. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SLIDESOURCE TO USER ARISING FROM OR RELATING TO THIS AGREEMENT OR ANY RELATED MATTER EVER EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY USER.
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.
Termination of Use
SlideSource reserves the right to immediately terminate User’s Subscription to, 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. In all other instances of termination of the Agreement by SlideSource it shall provide ten (10) days’ notice of the termination to User. User may terminate the Agreement on ten (10) days’ notice to SlideSource, and upon payment of the current month’s Subscription Fee in full.
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. Any person or entity entering into this Agreement represents that he/she is duly authorized to do so and if an entity, is a person authorized to bind that entity, and warrants that User has all requisite capacity and authority to enter into and perform fully its obligations under the Agreement. User acknowledges having read these terms and conditions of use and agrees to be bound by them, and that he/she is over the age of eighteen years of age. All notices delivered under the Agreement shall be in writing and deemed given upon receipt when delivered personally or upon confirmation of receipt following delivery of (i) a nationally recognized overnight courier service (deemed received the next business day) or (ii) registered or certified United States mail, return receipt requested, postage prepaid, (deemed received three (3) business days after posting), in each case addressed to the respective parties.
