Welcome to the SlideShare ("SlideShare" or "we") website, accessible at www.slideshare.com (the "Site").
These Commercial Terms of Service ("Commercial Terms of Service") apply to all users who wish to utilize the SlideShare services (the "SlideShare Services") and the SlideShare site (the "Site") for commercial purposes ("Commercial Users", and referred to together with non-commercial users as a "User" or as "Users") and who choose to register for a Business Account (as defined below) on the Site.
If you agree to these Commercial Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Commercial Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" will refer and apply to that business.
Certain areas of the Site (and your access to or use of certain Services or Content) may have different terms and conditions posted or may require you to accept additional terms and conditions. If there is a conflict between these Commercial Terms of Service and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions shall take precedence with respect to your access to or use of that area of the Site, Services or Content.
SlideShare reserves the right, at its sole discretion, to modify or terminate the Site or Services or to modify these Commercial Terms of Service, at any time and without prior notice. If we modify these Commercial Terms of Service, we will post the modification on the Site or provide you with notice of the modification. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Commercial Terms of Service. If the modified Commercial Terms of Service are not acceptable to you, your only recourse is to cease using the Site and the Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Subscriptions and Payment
If User purchases a paid subscription to the Services (a "PRO Subscription"), User shall pay all fees, including for any additional Services purchased by User, as well as any taxes, applicable to such PRO Subscription, as published on the Site at http://PRO.slideshare.net
from time to time. SlideShare may change such fees at any time and in its sole discretion, provided that any such change shall become effective at the end of the then-current term of User's PRO Subscription.
PRO Subscription membership in the Services is on a continuous service basis. This means that, subject to the terms of this Agreement, SlideShare will automatically renew User's PRO Subscription at the end of its term unless User's PRO Subscription is canceled using the tool in User's account page on the Site at any time prior to the end of the then-current PRO Subscription. User will be charged a renewal rate equal to the rate for the immediately preceding PRO Subscription period, based upon the PRO Subscription program (annual, quarterly, monthly, etc.) that User has chosen, unless SlideShare has notified User of any new rate in advance. A cancellation of a PRO Subscription requested by User through User's account page will become effective on the date that the then-current PRO Subscription period expires.
If User has elected to pay the fees referred to in this section (Subscriptions and Payment) by credit card, User hereby warrants that the credit card information provided by User is correct, and User shall promptly notify SlideShare of any changes to such credit card information. User acknowledges and agrees that if User's credit card payment cannot be processed for any reason, SlideShare may suspend or cancel User's PRO Subscription.
SlideShare reserves the right, at any time, to impose or restructure any fees charged for your use of the Services, Site or Content.
You agree to provide accurate, current and complete information during this process and to update your Account information to keep it accurate, current and complete. SlideShare reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify SlideShare of any unauthorized use of your Account. We reserve the right to remove or reclaim your username if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
for information and notices concerning SlideShare's collection and use of your personal information.
We may provide the means through which you can utilize the Services and the Site on your phone or wireless device ("Mobile Services"
). If you choose to utilize Mobile Services, you thereby agree to receive such service on the device you provide for such purposes and understand that your wireless provider's standard rates and data rates may apply to these services. By using the Mobile Services, you agree to be responsible for any fees that we may impose or are incurred as a result of your use of the Mobile Services. You represent that you are the owner or authorized user of the wireless device you use to access the Mobile Services and that you are authorized to approve the applicable charges.
The Site, Services and SlideShare Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Commercial Terms of Service, SlideShare and its licensors exclusively own all right, title and interest in and to the Site, Services and SlideShare Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or SlideShare Content.
SlideShare Content License
Subject to your compliance with the terms and conditions of these Commercial Terms of Service, SlideShare grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any SlideShare Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or SlideShare Content, except as expressly permitted in these Commercial Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SlideShare or its licensors, except for the licenses and rights expressly granted in these Commercial Terms of Service.
Users may post, upload, publish, submit or transmit text, graphics, images, music, audio, video, information or other materials to be made available through the Site and Services ("Submissions"
). You, as a "Submitter", grant SlideShare a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your Submissions in connection with the Site and SlideShare's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your Submissions through the Site and the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Site and under these Commercial Terms of Service. Certain Submissions may be provided with, and subject to, other licenses, such as the Creative Commons license, which may affect how you use those Submissions. Users of such Submissions may see the specific licenses referred to, and included via links, in any such Submission. Submitters who make their Submissions available subject to any such third-party licenses, including but not limited the Creative Commons, hereby agree to comply with all policies and conditions associated with such use and distribution. For more information about Creative Commons, please check creativecommons.org
SlideShare does not claim any ownership rights in any such User Content and nothing in these Commercial Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to SlideShare the rights in such User Content, as contemplated under these Commercial Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or SlideShare's use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Submitters understand and agree that third-party advertising, in any commercially reasonable format, may be made available through the Site and the Services, including in connection with uploaded Submissions.
SlideShare reserves the right to remove Submissions at any time, without notice or recourse, should SlideShare decide in its sole discretion that it is appropriate or desirable to remove a Submission.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Submission(s) or other text, graphics, images, software, music, audio, video, information or other material that:
- infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person;
- promotes illegal or harmful activities or substances.
- Sell, transfer or share any of the Lead Information to third parties;
- Use Lead Information to subscribe Users to any newsletters, updates, emails or other forms of subscription based communication with their explicit consent;
- Post any information obtained from Users, including but not limited to Lead Information, obtained through your Business Account to any public forum;
- Use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Commercial Terms of Service;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation, including but not limited to any applicable privacy or data security laws;
- Use, display, mirror or frame the Site, or any individual element within the Site, SlideShare's name, any SlideShare trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SlideShare's express written consent;
- Access, tamper with, or use non-public areas of the Site, SlideShare's computer systems, or the technical delivery systems of SlideShare's providers;
- Attempt to probe, scan, or test the vulnerability of any SlideShare system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SlideShare or any of SlideShare's providers or any other third party (including another user) to protect the Site, Services or Content;
- Attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SlideShare or other generally available third-party web browsers;
- Use any meta tags or other hidden text or metadata utilizing a SlideShare trademark, logo URL or product name without SlideShare's express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
- Encourage or enable any other individual to do any of the foregoing.
SlideShare will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SlideShare may involve and cooperate with law enforcement authorities in prosecuting users who violate these Commercial Terms of Service. You acknowledge that SlideShare has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any Submission, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Commercial Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. SlideShare reserves the right, at any time and without prior notice, to remove or disable access to any Content, including Submissions, that SlideShare, in its sole discretion, considers to be in violation of these Commercial Terms of Service or otherwise harmful to the Site or Services.
Copyright and IP Policy
SlideShare respects copyright law and expects its users to do the same. SlideShare has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see SlideShare's Copyright and IP Policy at http://www.slideshare.net/terms#dmca for further information.
The Site and the Content may contain links to third-party websites or resources. You acknowledge and agree that SlideShare is not responsible or liable for:
- the availability or accuracy of such websites or resources; or
- the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by SlideShare of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account Cancellation
If you breach any of these Commercial Terms of Service, SlideShare will have the right to suspend or disable your Account or terminate these Commercial Terms of Service, at its sole discretion and without prior notice to you. SlideShare reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. In the event SlideShare terminates these Commercial Terms of Service for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by deleting your Account through your profile options. Please note that if you delete your Account, no refund will be issued for any remaining Credits, if any.
YOUR ACCOUNT AND CREDITS AND THE SITE, SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SLIDESHARE EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SLIDESHARE MAKES NO WARRANTY THAT YOUR ACCOUNT OR THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SLIDESHARE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SLIDESHARE OR THROUGH YOUR ACCOUNT OR LEAD INFORMATION OR THROUGH THE SITE, SERVICES OR SLIDESHARE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY COMMUNCIATIONS OR INTERACTIONS BASED ON THE LEAD INFORMATION YOU OBTAIN THROUGH YOUR ACCOUNT. YOU UNDERSTAND THAT SLIDESHARE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES SLIDESHARE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. SLIDESHARE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON, AND OBEY ALL APPLICABLE LAWS AND REGULATIONS.
You agree to defend, indemnify, and hold SlideShare, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of your Account, the Lead Information, your Submissions and the Site, Services or Content, or the violation of any third party right, including but not limited to privacy rights and data security, or your violation of these Commercial Terms of Service.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF YOUR ACCOUNT, LEAD INFORMATION, THE SITE, SERVICES AND CONTENT REMAINS WITH YOU. NEITHER SlideShare NOR ANY OTHER party involved in creating, producing or delivering YOUR ACCOUNT, LEAD INFORMATION, the Site, Services or Content will be liable for any incidental, special, exemplary or consequential damages (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES arising out of or in connection with these TERMS or from the use OF or inability to use YOUR ACCOUNT, LEAD INFORMATION, the SITE, SERVICES OR CONTENT, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS arising out of ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF YOUR ACCOUNT, LEAD INFORMATION, THE SITE, SERVICES OR CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not SLIDESHARE has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
In no event will SlideShare's aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE YOUR ACCOUNT, LEAD INFORMATION, THE SITE, SERVICES OR CONTENT EXCEED THE LESSER OF EITHER THE AMOUNTS YOU HAVE PAID TO SLIDESHARE FOR USE OF THE SITE, SERVICES OR CONTENT IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM OR FIVE-HUNDRED ($500 US) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SLIDESHARE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of SlideShare used herein are trademarks or registered trademarks of SlideShare. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at biz AT slideshare DOT com or completing the form here: http://www.slideshare.net/contact_support. You acknowledge and agree that all Feedback will be the sole and exclusive property of SlideShare and you hereby irrevocably assign to SlideShare and agree to irrevocably assign to SlideShare all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At SlideShare's request and expense, you will execute documents and take such further acts as SlideShare may reasonably request to assist SlideShare to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Controlling Law and Jurisdiction
These Commercial Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Commercial Terms of Service will be the federal or state courts located in the Northern District of California and each of the parties hereto consents to the personal jurisdiction and venue in such courts.
These Commercial Terms of Service constitute the entire and exclusive understanding and agreement between SlideShare and you regarding the Site, Services and Content, and these Commercial Terms of Service supersede and replace any and all prior oral or written understandings or agreements between SlideShare and you regarding the Site, Services and Content.
You may not assign or transfer these Commercial Terms of Service, by operation of law or otherwise, without SlideShare's prior written consent. Any attempt by you to assign or transfer these Commercial Terms of Service, without such consent, will be null and of no effect. SlideShare may assign or transfer these Commercial Terms of Service, in its sole discretion, without restriction. Subject to the foregoing, these Commercial Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Commercial Terms of Service, will be in writing and given: (i) by SlideShare via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of SlideShare to enforce any right or provision of these Commercial Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SlideShare. Except as expressly set forth in these Commercial Terms of Service, the exercise by either party of any of its remedies under these Commercial Terms of Service will be without prejudice to its other remedies under these Commercial Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Commercial Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Commercial Terms of Service will remain in full force and effect.
If you have any questions about these Commercial Terms of Service, please contact SlideShare at biz AT slideshare DOT com