Terms of Service
Last Updated: September 1, 2018
**PLEASE READ THIS DOCUMENT CAREFULLY. Presentations2Go, ("Presentations2Go, Preso2Go" "we," or "us") offers an online video sharing platform for education through its website located at app.presentations2go.eu and other Presentations2Go-operated sites (collectively, the "Presentations2Go Site"), mobile applications, and other online services (collectively and including the Presentations2Go Site, the "Presentations2Go Service"). By registering as a member or by using the Presentations2Go Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Presentations2Go. If you do not wish to be bound by this Agreement, do not use the Presentations2Go Service. **
Content
- Who May Use the Presentations2Go Service
- License to Use the Presentations2Go Service
- Privacy
- Membership
- Subscriptions and Purchases
- Term and Termination; Account Deletion
- Content Restrictions
- Code of Conduct
- Licenses Granted by You
- Your Representations and Warranties
- Indemnification
- Third Party Copyrights and Other Rights
- Disclaimers
- Limitation of Liability
- Compliance Notice Pursuant to 18 U.S.C. § 2257
- General Provisions
- Who May Use the Presentations2Go Service
AGE REQUIREMENT: You must be at least 16 years old to use the Presentations2Go Service. If you are at least 16, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Presentations2Go Service. Please have him or her read this Agreement with you.
- License to Use the Presentations2Go Service
LICENSE: Presentations2Go grants you a limited, non-exclusive license to access and use the Presentations2Go Service for your own personal, non-commercial purposes. This includes the right to view content available on the Presentations2Go Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the Presentations2Go Service for commercial purposes unless:
- You are a Presentations2Go Plus or higher subscriber, in which case you may use and access the Presentations2Go Service for commercial and non-commercial purposes, subject to compliance with the Presentations2Go Guidelines; or
- You are a small-scale independent elearning company, non-profit, in which case you may use the Presentations2Go Service to showcase or promote your own content.
RESTRICTIONS: Except as expressly permitted by Presentations2Go in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Presentations2Go Service or any source code therein. Nor will you attempt to circumvent any of Presentations2Go's technical measures or take any measures to interfere with or damage the Presentations2Go Service. All rights not expressly granted by Presentations2Go are reserved.
- Privacy
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
- Membership
REGISTRATION: To fully use the Presentations2Go Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Presentations2Go and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Presentations2Go Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
- Subscriptions and Purchases
SUBSCRIPTIONS: In addition to offering Basic (free) Presentations2Go memberships, we offer paid subscriptions. Please see our subscription pages for current features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We reserve the right to charge for excessive use of bandwidth where plays occur on third-party sites and applications outside the native Presentations2Go player or apps. Anyone who wishes to obtain storage capacity beyond what is offered with a particular subscription, or additional bandwidth for applications not using the Presentations2Go player may request a custom account by contacting us here: contact us. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.
CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Presentations2Go. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Presentations2Go reserves the right to deny subscriptions, renewals, and other purchases for any reason. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.
END OF SUBSCRIPTION: When a paid subscription ends, the account automatically becomes a Basic (free) account and Presentations2Go may disable access to or delete any content to comply with Basic account limits. If you're using Presentations2Go for commercial purposes, you will need to maintain a Presentations2Go Plus or higher plan to continue hosting your videos. Your account and its content may be deleted if your subscription is not renewed.
- Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Presentations2Go Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the Presentations2Go Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Presentations2Go may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Presentations2Go determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Presentations2Go's reputation and goodwill. If Presentations2Go deletes your account for the foregoing reasons, you may not re-register for the Presentations2Go Service. Presentations2Go may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Presentations2Go will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Presentations2Go shall not be responsible for the loss of such content.
- Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
- Code of Conduct
In using the Presentations2Go Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the Presentations2Go Site (unless you are an official Presentations2Go partner or advertiser and have a written agreement with Presentations2Go).
Presentations2Go has the right, but not the obligation, to monitor all conduct on and content submitted to the Presentations2Go Service.
- Licenses Granted by You
9.1 Videos
LICENSE TO PRESENTATIONS2GO: As between you and Presentations2Go, you retain all ownership rights of the video content ("videos") that you submit to the Presentations2Go Service.
LICENSE TO OTHER USERS: You further grant all users of your website to view your videos by using the Presentations2Go Links, Plugins or Embedcodes based on the security settings within your website.
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the Presentations2Go Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
9.2 Non-video Content
As between you and Presentations2Go, you own all non-video content that you submit to the Presentations2Go Service. You grant Presentations2Go and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called "moral rights" in your non-video content. You further grant all users of the Presentations2Go Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to Presentations2Go on improving or adding new features to the Presentations2Go Service, Presentations2Go shall have the right to use your suggestions without any compensation to you.
- Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Presentations2Go and grant the licenses set forth above; (ii) Presentations2Go will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
- Indemnification
You will indemnify, defend, and hold harmless Presentations2Go and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Presentations2Go Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Presentations2Go violates any law or infringes any third party right, including any intellectual property or privacy right.
- Third Party Copyrights and Other Rights
Presentations2Go respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice.
- Disclaimers
Presentations2Go reserves the right to modify the Presentations2Go Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Presentations2Go Service. Presentations2Go has no obligation to screen or monitor any content and does not guarantee that any content available on the Presentations2Go Service complies with this Agreement or is suitable for all users.
Presentations2Go provides the Presentations2Go Service on an "as is" and "as available" basis. You therefore use the Presentations2Go Service at your own risk. Presentations2Go expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Presentations2Go makes no representations or warranties:
- That the Presentations2Go Service will be permitted in your jurisdiction;
- That the Presentations2Go Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party's use of content that you submit;
- That any content you submit will be made available on the Presentations2Go Service or will be stored by Presentations2Go;
- That the Presentations2Go Service will meet your business or professional needs;
- That Presentations2Go will continue to support any particular feature of the Presentations2Go Service; or
- Concerning sites and resources outside of the Presentations2Go Service, even if linked to from the Presentations2Go Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Presentations2go Service, and no warranties shall apply after such period.
- Limitation of Liability
To the fullest extent permitted by law: (i) Presentations2Go shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Presenations2Go's total liability to you shall not exceed the amounts paid by you to Presentations2Go over the twelve (12) months preceding your claim(s).
- Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the Presentations2Go Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. Presentations2Go is not the primary producer of the visual content contained in the Presentations2Go Service.
- General Provisions
GOVERNING LAW: This Agreement shall be governed by the Dutch Law, without regard to principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Presentations2Go in exercising any right hereunder will waive any further exercise of that right. Presentations2Go's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Presentations2Go's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Presentations2Go electronically. Presentations2Go may provide all such communications by email or by posting them on the Presentations2Go Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Presentations2Go at info[at]Presentations2Go[dot]eu or the following address:
Presentations2Go, Morsestraat 6, 6716 AH Ede, The Netherlands. Attention: Legal Department
Nothing herein shall limit Presentations2Go's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Presentations2Go on the Presentations2Go Site or a written amendment signed by an authorized representative of Presentations2Go. A revised Terms of Service will be effective as of the date it is posted on the Presentations2Go Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between Presentations2Go and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this Agreement does not govern any use of Presentations2Go's application protocol interface (API.
END OF DOCUMENT.
