THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB.  THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND SLIDEROCKET, INC. (“WE” “US”) AND GOVERN YOUR ACCESS TO, AND USE OF THE SLIDEROCKET WEBSITE LOCATED AT WWW.SLIDEROCKET.COM (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. SLIDEROCKET MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND SLIDEROCKET CAN CHANGE THESE TERMS AT ANY TIME.  SLIDEROCKET WILL POST UPDATED TERMS OF USE ON THE SITE AND PROVIDE NOTICE OF THIS BY SENDING E-MAIL NOTIFICATIONS TO REGISTERED USERS OF THE SITE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES.

General Use Restrictions.

SlideRocket provides content and other services through the Site.  Certain information, documents, products and services provided on and through the Site, including content, trademarks, logos, graphics and images that are not Presentations (as defined below) (together, the “Materials”) are provided to you by SlideRocket and are the copyrighted work of SlideRocket or SlideRocket’s contributors. In addition, SlideRocket may make certain applications available to you on the Site for download that may assist you in developing or managing presentations (the “Software”). Any such Software is only made available for download under the terms of a limited, non-exclusive license to install and use the Software on your personal computer for the sole purpose of developing or managing Presentations that will be uploaded to the Site.

During the term of these Terms, SlideRocket grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the services, the Site and the Software solely for your personal use if you are an individual and solely for your business use if you are an organization or agent of your organization in connection with the creation, storage, display and arrangement of Presentations you create using the Site. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the Software in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms.  Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials or Software.  Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site, any Materials or the Software on any legal basis.

Password Restricted Areas of the Site.

You will need a password to login to the Site and use certain functions and areas within the Site (“Restricted Areas”).  If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify SlideRocket if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify SlideRocket of any unauthorized use of your account or any other breach of security in relation to the Site known to you.  You will not use other members’ contact information gathered from Restricted Areas of the Site for commercial purposes and agree not to provide any other member’s contact information to any third party that is not a registered member of SlideRocket. 

Purchases.

You acknowledge that SlideRocket reserves the right to institute charges for certain services in the future and to change its fees and/or fee structures from time to time in its discretion. You agree that your continued use of all or part of the Site will be subject to your agreement to pay any applicable fees.

By using all or part of this Site, you consent to receiving electronic communications from SlideRocket and its partners and affiliates. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and/or our services. These electronic communications are part of your relationship with SlideRocket and you receive them as part of your use of the Site and/or our services.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. 

Privacy Policy.

Your use of the Site is governed by the SlideRocket Privacy Policy, which is available at http://www.sliderocket.com/privacypolicy.html (the “Privacy Policy”). 

Third Party Content.

Certain information and content that are not Presentations may be provided by third party licensors and suppliers to SlideRocket (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal or business use.  You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.  SLIDEROCKET DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 

Links to Third Party Sites.

This Site may be linked to other sites that are not SlideRocket Sites. SlideRocket is providing these links to you only as a convenience, and SlideRocket is not responsible for the content or links displayed on such sites.

Maximum Storage Limit.

You acknowledge that SlideRocket reserves the right to limit the maximum storage capacity for each user account. Furthermore, SlideRocket, in its sole discretion, reserves the right to adjust the maximum storage limit of any user account, at any time without prior notice. 

Presentations.

You acknowledge that you are responsible for the information and material that you develop and/or upload through the Site and/or through the use of the Software, including, without limitation, any presentations, or portions thereof, that you create, store and access on this Site (each, a “Presentation”), and that you, and not SlideRocket, will have full responsibility for each such Presentation, including its legality, reliability, appropriateness, originality and copyright. If you submit Presentations to the Site, you grant SlideRocket a non-exclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) to use, copy, modify, distribute, display the Presentation and provide access to the Presentation to users that you designate in connection with providing services related to this Site to you. SlideRocket will not license your Presentations to any third parties, and SlideRocket agrees to provide access to your Presentations only to you and to those certain e-mail addresses you designate as part of your shared distribution list in your user account. SlideRocket acknowledges and agrees that you shall have the right to download any Presentations you create on the Site and make such Presentations available on your personal or company website, as applicable. SlideRocket agrees to manage your Presentations in accordance with SlideRocket’s Privacy Policy, which is available at http://www.sliderocket.com/privacypolicy.html. 

YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY PRESENTATIONS YOU SUBMIT TO SlideRocket. You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Presentation.

You represent and warrant that: (i) you own the Presentations posted by you on or through the Site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Presentations on or through the Site and any other use of your Presentations does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Presentations posted by you to or through the Site or created with the use of the Software.

Posting Etiquette.

SlideRocket asks that you respect the SlideRocket online community as well as other individuals participating within thse SlideRocket online community.  Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Presentations to or otherwise using the Site and/or the services, you agree not to, without limitation:

• Post off-topic or disruptive messages.
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Impersonate or represent SlideRocket, our staff or other industry professionals.
• Solicit a member’s password or other account information.
• Harvest user names, addresses, or email addresses for any purpose other than to conduct SlideRocket business.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Disrupt the flow of chat in any manner, including without limitation vulgar language or abusiveness.
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
• Post any content that is mature or adult in nature.

This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require SlideRocket to monitor, police or remove any Presentations or other information submitted by you or any other user. SlideRocket reserves the right to (a) terminate your access to your account, your ability to post to the Site or the services and (b) refuse, delete or remove any Presentations or move any Presentations from “public” to “private” status; with or without cause and with or without notice, for any reason or no reason, or for any action that SlideRocket determines is inappropriate or disruptive to the Site, services or to any other user of the Site and/or services. SlideRocket reserves the right to restrict the number of emails which you may send to other members and users to a number that SlideRocket deems appropriate in SlideRocket’s sole discretion. SlideRocket may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at SlideRocket’s discretion, SlideRocket will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

You understand that your interactions and dealings with other users of the Site are solely between you and such other user. SlideRocket shall not be responsible for any loss or damage of any sort incurred as a result of any such interactions and/or dealings and SlideRocket will have no obligation to become involved in such dispute.

Unauthorized Activities.

Presentations and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations.  You shall indemnify and hold SlideRocket and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) SlideRocket or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.

Proprietary Rights.

SlideRocket is a trademark of SlideRocket in the United States. All other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified, all information and screens appearing on this Site including documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of SlideRocket, Copyright © 2007 SlideRocket.  All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Copyright and Trademark Infringements.

Notification:
SlideRocket respects the intellectual property of others, and we ask you to do the same. SlideRocket may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site or Restricted Areas of the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on our Site, please provide SlideRocket’s copyright agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SlideRocket to locate the material.
• Information reasonably sufficient to permit SlideRocket to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party 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 notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SlideRocket’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By e‑mail:
copyright@sliderocket.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification:
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

• A physical or electronic signature of the user.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

By e‑mail:
copyright@sliderocket.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Only the intellectual property rights owner may report potentially infringing items through SlideRocket’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

Disclaimer of Warranties.

Your use of this Site, any Software and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by SlideRocket, and they may include inaccuracies or typographical errors. SlideRocket does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Site. SlideRocket has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by SlideRocket or our licensors.

SLIDEROCKET, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SOFTWARE, THE SERVICES OR ANY MATERIALS OR THIRD PARTY CONTENT.  RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SOFTWARE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SLIDEROCKET DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

SLIDEROCKET SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SITE OR RELATING TO YOUR PRESENTATIONS OR THE SOFTWARE. IN NO EVENT SHALL SLIDEROCKET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING EVEN IF SLIDEROCKET KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Limitation on Damages.

IN NO EVENT SHALL SLIDEROCKET'S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS (USD $500).

Local Laws; Export Control.

SlideRocket controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

Termination.

SlideRocket prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these Terms, as determined by SlideRocket, will result in termination of your access to the Site or Restricted Areas. SlideRocket has the right to terminate any password-restricted account for any reason. SlideRocket will provide you with notice of the termination of your account and will destroy your Presentations within a reasonable period of time after the effective date of termination.

General.

California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. SlideRocket’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and SlideRocket and supersede all prior or contemporaneous negotiations, discussions or agreements between you and SlideRocket about the Site. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

These Terms of Use were last updated: September 6, 2007 
These Terms of Use are effective as of: September 6, 2007