SlideME Website Terms of Use

Welcome to SlideME!

These Terms of Use govern your access to and use of SlideME's website located at SlideME.org (the "Site"), through which users may access and use the SlideME application manager for Android devices ("SAM") and/or applications made available by SlideME ("Applications") through the SlideME marketplace (the "Marketplace") and any other products and services we make available to SlideME Members (defined below) (collectively the "Services").

These Terms of Use and all policies referenced in this document or elsewhere on the Site which are incorporated herein by reference govern your access to and use of the Site and Services. In the event of any conflict between these Terms of Use and any other clickthrough agreement made available to you by SlideME, including but not limited to the SlideME Developers Distribution Agreement and the SlideME Application End User Agreement the terms of such clickthrough agreement shall control and govern. These Terms of Use are a legal agreement between you and SlideME and apply to you whether you are a SlideME Member or a visitor just browsing the Site (collectively, "SlideME Users"). These Terms of Use limit SlideME's liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site and Services.

Your access to and use of the Site, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, Content, or Services, you agree to be bound by these Terms of Use. If you do not accept these Terms of Use in their entirety, you may not access or use the Site or Services.

Modification of Terms of Use

You acknowledge and agree that SlideME may revise these Terms of Use from time to time. By continuing to access or use the Site, Content, or Services after SlideME makes any such revision, you agree to be bound by the revised Terms of Use.

Eligibility and Registration

In order to access certain features of the Site and Services, and to post any content on the Site or via the Services, you may be required to create a SlideME account and become a "SlideME Member". To become a SlideME Member you must be at least 18 years of age. SlideME Members will not be employees, agents or contractors of SlideME. The Site, Services and access to a SlideME account are not available to temporarily or indefinitely suspended SlideME Members.

When you register with SlideME and set up your SlideME account, you agree to provide SlideME with accurate and complete information. You agree to promptly update your SlideME account information with any new information that may affect the operation of your SlideME account. You authorize SlideME, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your SlideME account information.

You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Our Privacy Policy at http://slideme.org/privacy-policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from SlideME Users.

You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding SlideME account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your SlideME account, whether or not you have authorized such activities or actions. You agree to immediately notify SlideME of any unauthorized use of your username, password or SlideME account.

Proprietary Rights and Licenses

Definitions

Certain types of content are made available through the Site and Services. "SlideME Content" means, collectively, the text, data, graphics, images, SlideME trademarks and logos and other content made available through the Site and Services, including any technology or code making up the SAM, excluding Member Content. "Member Content" means, collectively, the text, data, graphics, images, photos, audio or video files, communications, bulletin board messages, chat, graphics and other content and information which SlideME Members post, upload, link and otherwise submit to or via the Site or Services, including, any advertisement related content provided via a campaign or the website(s) owned or controlled by a SlideME Member.

Member Content

You retain all rights in your Member Content. However, by uploading, posting, submitting, linking to or otherwise transmitting any Member Content on or via the Site or Services, you hereby grant to SlideME a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access your Member Content in connection with the Services and SlideME's (and its successors) business including, without limitation, for promotion and redistributing part or all of the Services (and derivative works thereof), in any media formats and through any media channels. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to SlideME. You acknowledge and agree that your posting of or linking to Member Content will comply with the guidelines and restrictions set forth in these Terms of Use.

You acknowledge and agree that SlideME may, at its option, reclassify or recategorize any Member Content and establish limits concerning Member Content, including, without limitation, the maximum number of days that Member Content will remain available via the Services or on the Site, the maximum size of any files that may be stored on or uploaded to the Site or Services and the maximum disk space that may be allotted to you for the storage of Member Content on SlideME's servers. SlideME will have no responsibility or liability for maintaining copies of Member Content on our servers, and you are solely responsible for creating back-ups of your Member Content.

SlideME Content

SlideME and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, SlideME Content and any other content made available through the Site or Services contained therein, other than your Member Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, SlideME Content, any other content made available through the Site or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, SlideME Content or any other content made available through the Site or Services (other than your Member Content).

Disclaimer

SlideME does not guarantee that any content (including without limitation SlideME Content or Member Content) will be made available through the Site or Services, continuously or at all. WHILE SLIDEME IS UNDER NO OBLIGATION TO DO SO, SlideME reserves the right to remove and permanently delete any Content from the Site or services without notice, AND FOR ANY REASON SlideME DEEMS SUFFICIENT. SlideME does not have any obligation to monitor the Member Content that is uploaded, posted, submitted or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Member Content or anything said, depicted or written by SlideME Members or end users, including, without limitation, any information obtained by using the Site or Services. SlideME does not endorse any Member Content or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SlideME with respect thereto.

General Prohibitions

You agree not to do any of the following while using the Site, Content or Services:

• Post, publish or transmit any Member Content that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• Access, tamper with, or use non-public areas of the Site, SlideME's computer systems, or the technical delivery systems of SlideME's providers;
• Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
• Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by SlideME or other generally available third party web browsers or search engines (such as Microsoft Internet Explorer, Safari, Opera, Firefox, or Google);
• Send unsolicited email, junk mail, "spam", or chain letters, or promotions or advertisements for products or services;
• 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, Content or Services 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, Content, or Services;
• 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
• Impersonate or misrepresent your affiliation with any person or entity.

SlideME will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. SlideME may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that SlideME has no obligation to monitor your access to or use of the Site, Content, and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Digital Millennium Copyright Act Compliance

SlideME respects the intellectual property rights of others and expects users of the Site to do the same. At SlideME's discretion and in appropriate circumstances, SlideME may terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), SlideME's designated agent for notice of alleged copyright infringement appearing on the Site is:

Legal Dept.
SlideME LLC
100 N HOWARD ST
STE 5733
Spokane, WA 99201-0508, USA

ph: +1.206.577.7020

legal {at} slideme {dot} org

Filing a notice of infringement with SlideME requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, http://lcweb.loc.gov/copyright/ (visited January 26, 2009).

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that SlideME is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) 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 SlideME 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

If you violate any of these Terms of Use, your permission to use the Site, Content, and Services will automatically terminate. SlideME reserves the right to revoke your SlideME account and your access to and use of the Site, Content, and Services at any time, with or without cause. SlideME also reserves the right to cease providing or to change the Site, Content, or Services at any time and without notice.

You may terminate your SlideME account at any time and for any reason. Upon any termination by a SlideME Member, the related account will no longer be accessible. After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. SlideME will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION THAT YOU HAVE SUBMITTED VIA THE SITE OR SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, SlideME will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Any suspension, termination or cancellation will not affect your obligations to SlideME under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Use of the Site at Your Own Risk

Your access to and use of the Site, Content, and Services is at your own risk. SlideME will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services.

The Site is Available "AS-IS"

THE SITE, CONTENT, AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SLIDEME EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

SLIDEME MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SLIDEME MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SLIDEME OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify and hold SlideME and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, SlideME Content, Member Content; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any content you post to the Site or via the Services (including without limitation your Member Content) caused damage to a third party, including, without limitation, claims that your Member Content is infringing.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SlideME NOR ANY OTHER party involved in creating, producing, or delivering the Site, content, or services will be liable for any incidental, SPECIAL, consequential or PUNITIVE damages resulting from your access to or use of, or inability to access or use, the Site, content, or services, whether based on warranty, contract, tort (INCLUDING NEGLIGENCE) or any other legal theory, whether or not SlideME has been informed of the possibility of such damage, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT SlideME IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, SlideME WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF SLIDEME TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO SLIDEME FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SLIDEME 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.

Notice; Consent to Electronic Notice

You consent to the use of (a) electronic means to complete these Terms of Use and to deliver any notices pursuant to these Terms of Use and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given (x) by SlideME via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via email to admin {at} slideme [dot] org or to such other addresses as SlideME may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

Waiver

The failure of SlideME to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Seattle, Washington, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use are the entire and exclusive agreement between SlideME and you regarding the Site, Content, and Services, and these Terms of Use supersede and replace any prior agreements between SlideME and you regarding the Site, Content, and Services.

If you have any questions about these Terms of Use, please contact SlideME at admin [at] slideme [dot] org.

End User License Agreement (EULA)