Terms & Conditions

Terms & Conditions

The following terms and conditions govern all use of the Presentica website and all content, services and products available at or through Presentica.

Presentica is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Presentica's Privacy Policy) and procedures that may be published from time to time on this Site.

Please read this Agreement carefully before accessing or using Presentica. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access Presentica or use any services. If these terms and conditions are considered an offer by Presentica, acceptance is expressly limited to these terms. Presentica is available only to individuals who are at least 13 years old.

Your Presentica Account and Contents

If you upload a content to Presentica, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the document. You must immediately notify Presentica of any unauthorized uses of your account or any other breaches of security. Presentica will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

Presentica is only for sharing PDF documents and PowerPoint presentations. If you upload a document to Presentica, or otherwise make (or allow any third party to make) material available by means of Presentica (any such material, 'Content'), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • The content is material that has been presented at a talk, such as at a conference, in a classroom, or other event;
  • The downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content;
  • You have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;
  • The content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • The content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • The content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

By submitting content to Presentica for inclusion in your account, you grant Presentica a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your deck.

Without limiting any of those representations or warranties, Presentica has the right (though not the obligation) to, in Presentica's sole discretion (i) refuse or remove any content that, in Presentica's reasonable opinion, violates any Presentica policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Presentica to any individual or entity for any reason, in Presentica sole discretion. Presentica will have no obligation to provide a refund of any amounts previously paid.

Intellectual Property

This Agreement does not transfer from Presentica to you any Presentica or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Presentica. Presentica, the Presentica logo, and all other trademarks, service marks, graphics and logos used in connection with Presentica are trademarks or registered trademarks of Presentica's licensors. Other trademarks, service marks, graphics and logos used in connection with Presentica may be the trademarks of other third parties. Your use of Presentica grants you no right or license to reproduce or otherwise use any Presentica or third-party trademarks.

Changes

Presentica reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to Presentica following the posting of any changes to this Agreement constitutes acceptance of those changes.

Termination

Presentica may terminate your access to all or any part of Presentica at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Presentica account (if you have one), you may simply discontinue using Presentica.

Limitation of Liability

In no event will Presentica, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Presentica under this agreement during the twelve (12) month period prior to the cause of action. Presentica shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of Presentica will be in strict accordance with the Presentica Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of Presentica will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Presentica, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of Presentica, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Presentica and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Presentica, or by the posting by Presentica of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Presentica will be governed by the laws of the state of California, U.S.A., and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ('JAMS'). The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Presentica may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.