Terms of Service


Acceptance of These Terms of Service

These Terms of Service apply to all users of the 9slides website (the “Site”), including users who are also contributors (“Submitters”) of content, information, and other materials on, or made available through, the Site. The Site is owned by 9slides, Inc., a Delaware corporation (referred to herein as “9slides” or “We”) which provides the Site and related services subject to your compliance with these Terms or Service. Your use of the Site, whether as a Submitter or otherwise, constitutes your acceptance to be bound by the terms and conditions of these Terms of Service without limitation, qualification or change. If, at any time, you do not accept all the terms and conditions set forth herein, you must immediately discontinue use of the Site and the Services (as defined below) and remove all Submissions immediately.

BY USING AND/OR VISITING THE SITE AND/OR LINKING TO ANY FILE RESIDING ON ANY OTHER SITE THAT IS ACCESSED VIA THE SITE, YOU GIVE YOUR ASSENT TO BOTH THESE TERMS OF SERVICE AND TO THE 9slides PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.

9slides reserves the right to modify or terminate any services offered by 9slides from time to time (the “Services”), for any reason, and without notice, including the right to terminate with or without notice, without liability to you (except as expressly provided in the applicable terms relating to payment services offered by 9slides for a fee (the “Premium Services”)), any other user or any third party. We reserve the right to modify these Terms of Service in our sole discretion without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Third Party Content Made Accessible by 9slides


This site displays and/or makes available materials in a variety of formats (such materials, and files that are linked from the Site, are collectively referred to as the “Submissions”), which are uploaded or linked to by Submitters, over whom 9slides exercises no control. 9slides cannot and does not screen the Submissions before or after allowing them to be made available to third parties. Submissions may contain material or links to files that some people find objectionable, inappropriate, or offensive. We cannot guarantee that any Submissions made available via the Site will be free of objectionable content. We therefore assume no responsibility for any Submissions on, or otherwise linked to, the Site.

Copyright Infringement Policy

9slides responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information about this, including directions on how to provide such a notice, please see our DMCA Policy.

Trademark

Please choose a username for your account that is your real name or trademark you own. 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).

Site Access


As a condition of 9slides hereby granting you permission to use the Site as set forth in these Terms of Service, you hereby agree that:
• Your use of the Site is solely and exclusively for personal or business reasons. Submitting or posting false, inaccurate, misleading, defamatory or libelous content, content that infringes the intellectual property, proprietary, privacy or publicity rights of 9slides or any third party, or submitting or sending spam, flooding, advertisements, chain letters, pyramid schemes or solicitations is prohibited and we reserve the right to take down any such content from 9slides at any time for any reason.
• You will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose, and will not circumvent or manipulate our fee structure or the billing process; and
• You will otherwise comply with the terms and conditions of these Terms of Service.


In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify 9slides immediately of any breach of security or unauthorized use of your account. Although 9slides will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of 9slides or others due to such unauthorized use. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify 9slides and change your password. [contact us]

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the 9slides servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, 9slides grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. 9slides reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions.

Submitters understand and agree that third-party advertising, in any commercially reasonable format, may be made available to users of the Site, including in connection with uploaded Submissions. Submitters expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by 9slides for) the display of any such advertisements.

Intellectual Property Rights


All content on the Site, other than the Submissions displayed on the Site or otherwise made available via the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“9slides Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to 9slides, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. 9slides Content, and Submissions made available on or via the Site, are provided to you AS IS for your information and personal and business use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of 9slides or the respective owners of such Submissions. 9slides reserves all rights not expressly granted in and to the Site and the 9slides Content. You agree to not engage in the use, copying, or distribution of any of the 9slides Content or Submissions, other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Site for any commercial or service bureau purposes. If you download or print a copy of any 9slides Content or Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any 9slides Content or Submissions, or enforce limitations on use of the Site or the 9slides Content or Submissions displayed or made available therein.

Submissions


If you are a Submitter, you understand that whether or not your Submissions are displayed or otherwise made available, 9slides does not guarantee any confidentiality or security with respect to any such Submissions.

You shall be solely responsible for your Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, warrant and guarantee the following to be true:
• You own or have the necessary licenses, rights, consents, and permissions to use and authorize 9slides to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.
• You have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.


Nothing in these Terms of Service change, affect or diminish in any way whatever rights Submitters may have in the Submissions. By submitting the Submissions to 9slides, however, you hereby grant 9slides an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicize and perform the Submissions in connection with the Site and 9slides’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 (except to the extent limited by, and expressly stated in the applicable additional terms and conditions for, Premium Services offered by 9slides). You also hereby grant each user of the Site (subject to such limitations, if any, that may apply with respect to any premium service offerings) a non-exclusive license to access your Submissions through the Site, 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 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 included, in any such Submission. Submitters who make their Submissions available subject to any such third-party licenses 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.

You hereby represent and warrant that you will not:
• Upload to or make available via the Site any Submission containing material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant 9slides all of the license rights granted herein.
• Publish falsehoods or misrepresentations that could damage 9slides or any third party.
• Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
• Post advertisements.
• Impersonate another person.

9slides does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and 9slides expressly disclaims any and all liability in connection with Submissions.

9slides does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and 9slides will remove all Submissions if properly notified that such Submission infringes on another's intellectual property rights. 9slides reserves the right to remove Submissions without prior notice. 9slides reserves the right to terminate a User's access to the Site without prior notice if 9slides determines in its sole and absolute discretion that such User has engaged in any copyright infringing activities or infringed on the intellectual property rights of 9slides or any third person. 9slides also reserves the right to decide whether any Submission is appropriate and in compliance with these Terms of Service for other violations of this Agreement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. 9slides may remove such Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. Without limiting the foregoing, 9slides reserves the right to remove Submissions at any time, without notice or recourse, should 9slides decide in its sole discretion that it is appropriate or desirable to remove a Submission.

You understand that when using the Site, you will be exposed to Submissions from a variety of sources, and that 9slides is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 9slides with respect thereto, and agree to indemnify and hold 9slides, its officers, directors, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

Payment


9slides charges a fee for certain premium service offerings. When you purchase a service that has a fee, you have an opportunity to review and accept the fees that you will be charged, which 9slides may change from time to time. Changes to the fee schedule are effective upon posting the changes at http://www.9slides.com/pricing. 9slides may choose to temporarily change the fees for services for promotional events or new services, and such changes are effective when such temporary promotional events or new services are posted on the Site. Unless otherwise stated, all fees are quoted in U.S. Dollars and payment of fees will be made through www.authorize.net OR PAYPAL. In the event you are unsatisfied with a premium service offering which you have purchased, you may obtain a refund within the first seven (7) calendar days from the date of purchase by contacting 9slides customer service.

Disclaimer of Warranties


TO THE FULLEST EXTENT PERMITTED BY LAW, 9slides DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY SUBMISSIONS.

THE 9slides SERVICES, AND ALL SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE 9slides SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. 9slides AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 9slides AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY AND PERFORMANCE OF THE 9slides SERVICES. 9slides AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY SUBMISSION OR ANY 9slides SERVICE. 9slides AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH ANY 9slides SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE 9slides SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE 9slides SERVICES.

YOU AGREE THAT YOUR USE OF THE SITE AND ALL SUBMISSIONS SHALL BE AT YOUR SOLE RISK.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE 9slides SERVICES, INCLUDING BUT NOT LIMITED TO ANY SUBMISSION(S) AT YOUR OWN DISCRETION AND RISK. WE DO NOT WARRANT THAT ANY CONTENT OR SUBMISSIONS WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST 9slides, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO OUR SERVICES AND CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY.

9slides, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL 9slides, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY, AND/OR
• ANY ERRORS OR OMISSIONS IN ANY SUBMISSION(S) OR OTHER CONTENT MADE AVAILABLE BY 9slides, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUBMISSION(S) OR OTHER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 9slides IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN ANY EVENT, 9slides AGGREGATE LIABILITY SHALL NOT EXCEED $1000.00.

9slides DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND 9slides WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOU SPECIFICALLY ACKNOWLEDGE THAT 9slides SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

The Site is controlled and offered by 9slides from its facilities in the United States of America. 9slides makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity


You agree to defend, indemnify and hold harmless 9slides, its parent corporation, officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
• your use of and access to the Site;
• your violation of any term of these Terms of Service;
• your violation of any third party right, including without limitation any copyright, property, or privacy right; or
• any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the 9slides Site.

General


These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 9slides without restriction. Under no circumstances shall 9slides or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

You agree that any action at law or in equity (other than one in which preliminary or interim injunctive relief is sought) arising out of or relating to these Terms of Use or our website shall be settled by arbitration to be held in Seattle, Washington, administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules, except as provided herein, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereover. However, nothing herein shall in any way limit your or our statutory rights and/or remedies, all of which are reserved and may be alleged in the arbitration process. At the conclusion of the arbitration, such arbitrator shall render a “reasoned” written decision, including the arbitrator’s findings and the facts and law upon which the award is based. Consistent with the expedited nature of arbitration, you and we will, upon the written request of the other, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim. Both you and we shall have the right to serve subpoenas upon third parties for the production of documents. Both you and we shall have the right to take depositions of parties and non-parties. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, which determination shall be conclusive. You and we shall each bear your and our own costs and expenses of arbitration. All forum fees and expenses, including the arbitrators’ fees, shall be shared equally by you and us, and shall not be assessed against either you or us as part of an award.

In the event, and solely in such event, that arbitration of a dispute hereunder is prohibited by law, you agree that the action shall be filed, and that venue properly lies, exclusively in the state and federal courts located in Seattle, Washington, and you hereby consent and submit to the personal jurisdiction of such courts. You agree to waive the defense of an inconvenient forum with respect thereto.

You agree that any action in which temporary or permanent injunctive relief is sought shall be brought exclusively in the state or federal courts located in Seattle, Washington, and you hereby consent and submit to the personal jurisdiction of such courts. You agree to waive the defense of an inconvenient forum with respect thereto.

These Terms of Service (along with all terms and policies linked from these Terms of Service, which are incorporated by reference) constitute the entire agreement between the parties with respect to the Site and any Services provided or offered by 9slides.

No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and 9slides’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

YOU AND 9slides AGREE THAT ANY CAUSE OF ACTION OR ARBITRATION PROCEEDING ARISING OUT OF OR RELATED TO THE SITE AND/OR ANY SERVICES PROVIDED BY 9slides MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

9slides reserves the right, at its sole discretion, to modify or terminate the Site or Services, or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are telling us that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only option is to stop using the Site and the Services.

Last updated: May 19, 2011.

 
Patent Pending 2013. © 9slides Inc. - All rights reserved