By accessing and using SlidesOrator’s application programming interfaces, software, tools, data,
documentation, or website (collectively, “Services”), you expressly agree that you have read and
agreed to be bound by the following terms and conditions (the “Terms”) as well as all applicable
laws and regulations. You also agree that you are 18 years or older and legally able to enter a
binding contract.
Unless otherwise specified, terms used below and in any of our other agreements or notices,
including our Privacy Policy, have the following meanings.
"Client", “User” , “You” and “Your” refers to you, the
person using Services and accepting the Terms.
"SlidesOrator",“Ourselves” ,“Our” ,“We” and "Us", refer
to our company, SlidesOrator, Inc.
“ Representatives” means SlidesOrator’ s personnel,
advisors, affiliates, agents and suppliers.
“Party” , “Parties” , or refers to both the Client and
ourselves, or either the Client or ourselves.
Any use of the above terminology or other words in singular,
plural, capitalization, and/or he/she or they are taken as
interchangeable and, therefore, as referring to the same.
These Terms and any policies incorporated in these Terms
contain the entire agreement between you and SlidesOrator
regarding access to or use of the Services and, other than any
Service specific terms of use or any applicable Enterprise
agreements, supersedes any prior or contemporaneous
agreements, communications, or understandings between you
and SlidesOrator on that subject.
No agency, partnership, joint venture or other relationship is
intended or created by your access to or use of the Services.
You may not assign or delegate any rights or obligations under
these Terms and any purported assignment or delegation byyou shall be null and void. We may
assign these Terms in
connection with a merger, acquisition, or sale of all or
substantially all of our assets, or to any affiliate as part of a
corporate reorganization.
Privacy Statement
We are committed to protecting your privacy. Our Privacy
Policy explains how we collect, use and disclose personal
information you provide to us when you access and use the
Services. For further information, please visit our Privacy
Policy here.
License to Use the Services
We grant you a non-exclusive right to access and use the
Services in accordance with these Terms. SlidesOrator retains
all right, title, and interest in and does not agree to any transfer
of title regarding the Services. Under this license, you may not:
Download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish,
license, create derivative works from, or offer for sale any of our proprietary technology that
makes up or is included in the Services, except (i) you may create and store temporary files
that are automatically cached by your web browser for display purposes, (ii) as otherwise
expressly permitted in these Terms, and (iii) for clarity, the foregoing restrictions do not
apply to Your Content;
Submit, transmit, display, perform, post or store any content that is inaccurate, illegal,
unlawful, including, without limitation, copyrighted images to the Services without the consent
of the copyright owner, defamatory, obscene, sexually explicit, pornographic, violent, invasive
of privacy or publicity rights (including, but not limited to, uploading images of individuals
to the Services without their consent), harassing, threatening, abusive, inflammatory, harmful,
hateful, cruel or insensitive, deceptive, or otherwise objectionable (collectively and
individually, “Objectionable”);
Use the Services for bullying, disruptive or Objectionable purposes, or in a manner that
violates our policies and standards, including our Acceptable Use and Moderation Policy or for
political campaigning or lobbying purposes; or otherwise use the Services in a manner that is
fraudulent, inciting, organizing, promoting or facilitating violence or criminal or harmful
activities, or Objectionable purposes;
Frame, replicate, or develop an interface to access the Services without going directly to the
Website (e.g., via an API), unless we explicitly make such functionality available to you;
Duplicate, decompile, reverse engineer, disassemble or decode the Services (including any
underlying idea or algorithm), or attempt to do any of the same;
Use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo,
image, graphics, design, commercial symbol, or other proprietary notation displayed on or
through the Services; provided that, for clarity, the foregoing does not include Your Content;
Use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized
third-party software designed to modify the Services;
Access or use the Services in any manner that could disable, overburden, damage, disrupt or
impair the Services or interfere with any other party’s access to or use of the Services or use
any device, software or routine that causes the same;
Attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts
registered to other users, or the computer systems or networks connected to the Services;
Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content
protections of the Services;
Use any robot, spider, crawlers, scraper, or other automatic device, process, software or
queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to
monitor, extract, copy or collect information or data from or through the Services, or engage in
any manual process to do the same;
Introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious
or technologically harmful into our systems;
Violate any applicable law or regulation in connection with your access to or use of the
Services;
Access or use the Services in any way not expressly permitted by these Terms;
Use or distribute User Output in a misleading way, including, without limitation, representing
that the User Output is entirely human generated. Further, if you distribute your User Output to
others, we encourage you to proactively disclose that such User Output was created using
artificial intelligence technologies so as not to mislead others of its origin.
License to Your Content
As part of your use of the Services, you may be able to input, post, upload and submit information
(“User Input”) to the Services, and you may direct the Services to generate and output new content
based on your User Input (“User Output”). SlidesOrator reserves the right to prevent or remove
certain User Inputs or User Outputs in its sole discretion, for example, if they violate these
Terms. SlidesOrator does not claim any ownership rights in your User Input or User Output and does
not restrict your ability to use User Output for your own purposes (including for commercial
purposes), except in the case of termination as specified below, and expressly disclaims any
liability arising from your use of any User Output for a commercial purpose. As between us and you,
to the extent we acquire any rights in any User Output, we hereby assign to you all right, title and
interest in and to such User Output. Your User Input, User Output, and any other information,
materials, or content you post, upload, submit, or make available through the Services are
collectively referred to herein as “Your Content.” You are responsible for Your Content, including
taking all steps necessary to ensure that it does not violate any laws or rights of third parties or
these Terms.
SlidesOrator does not claim to own any of Your Content and by using the Services and uploading or
generating Your Content, you grant us a license to access, use, host, cache, store, reproduce,
transmit, display, publish, distribute, and modify for technical purposes Your Content but solely as
required to be able to operate, improve, promote and provide the Services. You agree that these
rights and licenses are royalty-free, transferable, sublicensable, worldwide and irrevocable (for so
long as Your Content is stored with us), and include a right for us to make Your Content available
to, and pass these rights along to, others with whom we have contractual relationships related to
the provision of the Services, solely for the purpose of providing such Services, and to otherwise
permit access to or disclose Your Content to third parties if we determine such access is necessary
to comply with our legal obligations.
To the fullest extent permitted by applicable law, SlidesOrator reserves the right, and has absolute
discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and
without notice. By posting or submitting Your Content through the Services, you represent and
warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or
authority necessary to grant the rights granted herein for Your Content. You agree that Your Content
will not contain material subject to copyright or other proprietary rights, unless you have the
necessary permission or are otherwise legally entitled to post the material and to grant us the
license described above.
Term and Termination
These Terms take effect when you first access the Services and remain in effect until terminated.
You may terminate these Terms at any time by discontinuing the use of the Services and Outputs and
deleting your account, if any, via your account settings. We may terminate your use of the Services
immediately and without notice if you violate, or if we reasonably suspect in our sole discretion
that you may have violated, the Terms. We may terminate the Terms at any time upon 30 days’ notice
to you. Upon SlidesOrator’s termination of the Terms or termination of your use of the Services for
any reason, SlidesOrator may, but is not obligated to, delete any of Your Content. SlidesOrator
shall not be responsible for the failure to delete or deletion of Your Content. In addition, if
SlidesOrator terminates the Terms or your use of the Services because it has found you in violation
of these Terms or other applicable use policies, e.g., SlidesOrator’s acceptable use policy, you
must cease use of and delete any Outputs and any other materials obtained from the Services in your
possession, whether in electronic or printed format. This section and those which by their nature
are intended to survive the termination or expiration of the Terms, such as those titled General,
Input and Output License, Confidentiality, Exclusions and Limitations, Indemnification, and Dispute
Resolution, survive the termination or expiration of the Terms.
Confidentiality
You may receive access to Confidential Information of SlidesOrator and other third parties through
your use of the Services. You may use Confidential Information only as needed to access or use the
Services pursuant to the Terms. You will protect such Confidential Information with reasonable care
in a manner at least as protective as you use for your own Confidential Information. If you are
required by law or court order to disclose such Confidential Information, you will give reasonable
prior written notice to SlidesOrator and undertake reasonable efforts to limit the sharing of
Confidential Information, including assisting SlidesOrator with challenging such a request if
possible.
Information should be treated as “Confidential Information” if it is designated as such by
SlidesOrator or the third party owner or if it should reasonably be considered confidential under
the circumstances. When in doubt, information should be treated as Confidential Information.
Payment
If you wish to purchase any Services made available by SlidesOrator (“Payment”), you may be asked to
supply certain information relevant to your Payment including, without limitation, your credit card
number, the expiration date of your credit card, and your billing address. You represent and warrant
that: (i) you have the legal right to use any credit card(s) or other payment method(s) in
connection with any Payments; and (ii) the information you supply to us is true, correct, and
complete.
We may employ the use of third-party services for the purpose of facilitating Payment. By submitting
your Payment information, you understand that we may share that information with these third parties
subject to our Privacy Policy.
Your Payment is not confirmed until you receive a confirmation email from us or our third-party
payment services. In particular, we and third-party services facilitating payments on our behalf,
reserve the right to reject your Payment due to product or service unavailability, or if fraud or an
unauthorized or illegal transaction is suspected. We also reserve the right to refuse payment,
cancel an order, or correct pricing errors or mistakes even if we have already issued an invoice or
received Payment. After you complete and we process your Payment, your SlidesOrator account will be
updated to give you access to the applicable features pursuant to these Terms and any applicable
pricing terms.
All prices shown by SlidesOrator are as a standard denominated in USD. We may change our prices from
time to time, and these price increases will be effective 14 days after they are posted to our
website. We may determine to show the prices in the currency that SlidesOrator determines to be your
local currency. You are responsible for paying any applicable taxes for purchases of any Services,
which may be determined based on the billing information provided at the time of service.
If you have purchased a subscription-based Service, we will charge your Payment on an agreed-upon
periodic basis, and we may reasonably change the date on which the charge is posted. You may cancel
the subscription payment from your SlidesOrator account. You can cancel your paid subscription at
any time. Payments are non-refundable, except where required by law. These Terms do not override any
mandatory local laws regarding your cancellation rights. We may immediately terminate your use of
the Services without notice if you fail to make a Payment.
We may in our sole discretion provide access to complimentary services. You agree that you have no
title or interest in the complementary services, which are not legal tender, and which SlidesOrator
may revoke at any time. If you create more than one account or otherwise attempt to fraudulently
obtain complementary services, we reserve the right to charge you the purchase price for Services
you obtain or revoke your access to the Services.
Refunds
Payments are non-refundable, except where required by law. These Terms do not override any mandatory
local laws regarding your cancellation rights. To request a refund (or partial refund), please
contact us by using the in-app messenger or email us at customer@SlidesOrator.com. We will issue any
refund to the payment method used for the Payment once it's approved. Refunds do not apply to
Enterprise agreements.
Exclusions and Limitations
The services are provided "as is." Except to the extent prohibited by law, we and our
representatives make no warranties (express, implied, statutory or otherwise) with respect to the
services, and disclaim all warranties including, without limitation, to warranties of
merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet
enjoyment, and any warranties arising out of any course of dealing or trade usage. We do not warrant
that the services will be uninterrupted, accurate or error-free, or that any content will be secure
or not lost or altered.
We and our representatives will not be liable for any indirect, incidental, special, consequential,
or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, or
data or other losses, even if we have been advised of the possibility of such damages. Our aggregate
liability under these terms shall not exceed the greater of the amount you paid for the service that
gave rise to the claim during the 12 months before the liability arose or one hundred dollars
($100). The limitations in this section apply only to the maximum extent permitted by applicable
law.
SlidesOrator takes no responsibility and assumes no liability for any content that you, another
user, or a third party creates, uploads, posts, sends, receives, or stores on or through our
services.
You understand and agree that you may be exposed to content that might be offensive, illegal,
misleading, or otherwise inappropriate, none of which SlidesOrator will be responsible for.
Revisions and Errors
The Services could include technical, typographical, or photographic errors. SlidesOrator does not
warrant that the Services are accurate, complete, or current. SlidesOrator may make changes to the
Services at any time without notice. SlidesOrator does not, however, make any commitment to updating
the Services.
Redistribution or Republication
Redistribution or republication of any part of the Services is prohibited unless otherwise stated in
the Terms, or with the express written consent of the Company.
Third-Party Material in the Services
We do not monitor or review the content of third parties’ websites or services that are linked to or
accessible from the Services. Opinions expressed or material appearing on such websites or services
are not necessarily shared or endorsed by us, and we should not be regarded as the publisher of such
opinions or material. You acknowledge and agree that SlidesOrator is not responsible for examining
or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect of third parties’ websites or services.
We do not warrant or endorse and do not assume and will not have any liability or responsibility to
you or any other person for any materials, products, or services of third parties. Such materials
and links to other websites are provided solely as a convenience to you.
Please be aware that we are not responsible for the privacy practices or content of these sites or
services. We encourage our users to be aware when they leave our Services and to read the privacy
statements of these sites or services. You should evaluate the security and trustworthiness of any
other sites or services you visit. SlidesOrator is not responsible for any loss or damage in
whatever manner, howsoever caused, resulting from your interactions with third party sites or
services.
Our Intellectual Property
The Services contain intellectual property owned by SlidesOrator and/or our Representatives,
including, without limitation, trademarks, copyrights, proprietary information, and other
intellectual property as well as the SlidesOrator.com name, logo, all designs, text, graphics, other
files, and the selection and arrangement thereof, also referred to as the "look and feel." The
entirety of the Services is protected by intellectual property law, including international
copyright and trademark laws. You are prohibited from modifying, publishing, transmitting,
participating in the transfer or sale of, creating derivative works from, distributing, displaying,
reproducing or performing, or in any way exploiting in any format whatsoever any of the Services or
intellectual property, in whole or in part without our prior written consent, including, without
limitation, any and all text, graphics, code, software, video, audio on the Services. We reserve the
right to immediately remove you from the Services without notice or refund or restrict you from
access to the Services if you violate this term.
Copyright Complaints
If you believe that your intellectual property rights have been infringed by a user of the Services,
please send notice via certified mail to our registered agent at the address below. We may remove
content alleged to be infringing and may terminate use of the Services by infringers.
Email: copyright@slidesorator.com
Written claims concerning copyright infringement must include the following information:
The physical or electronic signature of the copyright owner
or an authorized agent;
The identification of the copyrighted work claimed to have
been infringed, or, if multiple works are on a single site, a
representative list of such works;
The identification of the infringing material or activity (or
the reference or link to such material) and information
reasonably sufficient to permit us to locate the material (or the
reference or link);
The address, telephone number and e-mail address for the
copyright owner or authorized agent;
A statement that the person sending the notice has a good
faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the
law;
A statement that the information in the notice is accurate,
and under penalty of perjury, that the person sending the
notice is authorized to act on behalf of the copyright owner.
Indemnification
You shall indemnify and hold us and our Representatives
harmless from and against any and all losses, damages,
settlements, liabilities, costs, charges, assessments, and
expenses, as well as third-party claims and causes of action,
including, without limitation, attorneys' fees, arising out of any
breach by you of any of these Terms, violation of applicable
law, or any use by you of the Services or Outputs thereof. You
shall provide us with such assistance, without charge, as we
may request in connection with any such defense, including,
without limitation, providing us with such information,
documents, records, and reasonable access to you as we deem
necessary. You shall not settle any third-party claim or waive
any defense without our prior written consent.
Force Majeure
We shall not be deemed liable for any failure to perform any
obligation in relation to the Services, including arising under
these Terms, which is due to an event beyond our control,
including but not limited to any act of God, terrorism, war,
political insurgency, insurrection, riot, civil unrest, the act ofcivil or military authority,
uprising, earthquake, flood or any
other natural or man-made eventuality outside of our control,
which causes the termination of an agreement or contract
entered into, nor which could have been reasonably foreseen.
Waiver
Failure of either Party to insist upon strict performance of any
provision of this or any Agreement or the failure of either Party
to exercise any right or remedy to which the Party is entitled
hereunder shall not constitute a waiver thereof and shall not
cause a diminution of the obligations under these Terms or
any agreement relating to the Services. No waiver of any of the
provisions of these Terms or any agreement relating to the
Services shall be effective unless it is expressly stated to be
such in writing and signed by duly authorized representatives
of the Company.
Dispute Resolution
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION
AND CLASS ACTION WAIVER PROVISIONS.
You and SlidesOrator agree that you will resolve any past or
present claims relating to these Terms or our Services through
final and binding arbitration, other than claims brought in
small claims court or claims solely for injunctive relief or
intellectual property disputes.
You have the right to opt out of these arbitration terms, and
future changes to these arbitration terms, by notifying us in
writing within thirty (30) days of the date that you first access
the Services. Your written notification must include your name
and address, as well as a clear statement that you do not wish
to resolve disputes with SlidesOrator through arbitration. If
you do not opt out within thirty (30) days of the date you first
access the Services, then you accept all terms and conditions
of the arbitration and dispute resolution procedures described
in the Terms.
Before initiating a formal action against SlidesOrator, including
but not limited to a suit or arbitration, you agree to try to
resolve the dispute informally by sending SlidesOrator
notification by certified mail containing your name, a
description of the dispute, the relief you seek, and the bestmethod to contact you regarding your
dispute. If we are
unable to resolve this dispute in the greater of 60 days or such
time as we may mutually agree to resolve the dispute, you may
bring a formal proceeding. Any statute of limitations will be
tolled during such informal efforts.
The arbitration will be administered by the American
Arbitration Association ( “ AAA ” ) in accordance with its
Consumer Arbitration Rules, as modified by these Terms.
Proceedings shall be conducted before a single arbitrator
selected by mutual agreement of the parties from the AAA
National Roster. In the case of face-to-face arbitration
proceedings, the proceedings shall be conducted in Los
Angeles County, California. Each party is responsible for the
party’ s own attorneys’ fees and expenses, and SlidesOrator
will not pay your attorneys’ fees or expenses except to the
extent ordered to do so by the arbitrator. In the event the
arbitrator determines the claim you asserted in the arbitration
to be frivolous or brought for an improper purpose, or
otherwise finds in SlidesOrator’ s favor, you agree to reimburse
SlidesOrator for all fees associated with the arbitration,
including without limitation, attorneys’ fees and expenses.
The arbitrator shall not be permitted to grant injunctive relief
(unless the parties mutually agree otherwise) and in any
dispute involving monetary and injunctive claims, the
monetary claims must be finally resolved in arbitration before
seeking injunctive relief in court to the extent permitted by law.
The arbitrator ’ s award shall be final and binding, and
judgment on the award may be entered in any court having
jurisdiction thereof.
Unless applicable law provides otherwise, the arbitration
proceeding and all records pertaining to it- including but not
limited to any documents prepared or produced in connection
with the arbitration proceeding, as well as the hearing and the
arbitration award- will be confidential and will not be disclosed
to any third party, except as necessary to obtain court
confirmation of the arbitration award.
These Terms shall be governed by the laws of the State of
California, without regard to choice of law rules or principles.
Except where a claim must be brought in arbitration or small
claims court under these Terms, or to the extent the
requirement to arbitrate is held unenforceable or invalid for
any reason, proceedings may be commenced only in a federal
or state court located within Los Angeles County, California
and you and SlidesOrator each consent to the jurisdiction of
those courts for such purposes.
You and SlidesOrator also agree that, to the fullest extent
permitted by applicable law, any proceeding to resolve any
dispute, claim, or controversy will be brought and conducted
only in the respective party’ s individual capacity and not as
part of any class (or purported class), consolidated,
multiple-plaintiff, or representative action or proceeding
(“class action” ). You agree to waive the right to participate as
a plaintiff or class member in any class action. You expresslywaive any ability to maintain a class
action in any forum. If the
dispute is subject to arbitration, the arbitrator will not have
authority to combine or aggregate claims, conduct a class
action, or make an award to any person or entity not a party to
the arbitration. Further, you and SlidesOrator agree that the
arbitrator may not consolidate proceedings or more than one
person’ s claims, and may not otherwise preside over any form
of a class action.
You agree that a breach of these Terms will cause irreparable
injury to SlidesOrator for which monetary damages would not
be an adequate remedy and SlidesOrator shall be entitled to
equitable relief in addition to any remedies it may have
hereunder or at law without a bond, other security or proof of
damages.
Written notifications provided under this section should be
sent to:
Legal@slidesorator.com
Notification of Changes
SlidesOrator reserves the right to change these conditions
from time to time as it sees fit, and your continued use of the
Services will signify your acceptance of any adjustment to
these Terms. We will make reasonable efforts to notify you
such as by email or via in-product notification of any material
changes to these Terms, which will go into effect 30 days after
we provide such notice. All other changes take effect
immediately and may be without notice. You are solely
responsible for re-read the Terms on a regular basis for any
changes.
Export Controls
You agree that you will not export or re-export, directly or
indirectly, the Services and/or other information or materials
provided by the Company hereunder, to any country for which
the United States or any other relevant jurisdiction requires
any export license or other governmental approval at the time
of export without first obtaining such license or approval. In
particular, but without limitation, the Services may not be
exported or re-exported (a) into any U.S. embargoed countries
or any country that has been designated by the U.S.Government as a “terrorist supporting” country,
or (b) to
anyone listed on any U.S. Government list of prohibited or
restricted parties, including the U.S. Treasury Department’ s list
of Specially Designated Nationals or the U.S. Department of
Commerce Denied Person’ s List or Entity List. By using the
Services, you represent and warrant that you are not located in
any such country or on any such list. You are responsible for
and hereby agree to comply at your sole expense with all
applicable export laws and regulations.
Feedback
We welcome feedback, comments and suggestions for
improvements to the Services (“Feedback” ). You acknowledge
and expressly agree that any contribution of Feedback,
whether directly to us or by means of a third-party service,
does not and will not give or grant you any right, title or
interest in the Services or in any such Feedback. All Feedback
becomes the sole and exclusive property of SlidesOrator, and
SlidesOrator may use and disclose Feedback in any manner
and for any purpose whatsoever without further notice or
compensation to you and without retention by you of anyproprietary or other right or claim. You
hereby assign to
SlidesOrator any and all right, title and interest (including, but
not limited to, any patent, copyright, trade secret, trademark,
show-how, know-how, moral rights and any and all other
intellectual property right) that you may have in and to any
and all Feedback. To the extent such rights cannot be assigned
under applicable law, you hereby waive any moral and author's
rights (including attribution and integrity) that you may have in
and to any and all Feedback.