Terms of Service
Presentr (“Presentr”, “us” or “we”) owns and operates a web site located at www.presentr.me (the “Site”), along with a software application for mobile device and PC platforms (each, an “App”), that that allow you to use the Presentr services (the “Services”). We are pleased to offer you access to the Services conditioned on your acceptance without modification of the following Terms of Service (the “Terms”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE, APP OR ANY SERVICES PROVIDED THROUGH BY PRESENTR. YOUR USE OF THIS SITE, APP AND ANY SERVICES PROVIDED HEREIN CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE, APP OR ANY SERVICES PROVIDED THROUGH EITHER.
1. Eligibility; Account
You affirm that you are of legal age and that you are otherwise fully able and competent to enter into these Terms and to abide by and comply with these Terms. You represent that you are over 18 years of age. If you want to use certain features of the Services, you will need to create an account (“Account”). It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date.
2. Use of Services
a. Accurate Information You agree that the information you provide to Presentr at all times will be true, accurate, current, and complete. To use the Services, you may be asked to enter a user ID or password that has been provided to you. You are solely responsible for maintaining the confidentiality access to any portal provided to you, user ID, and password and for restricting access to your computer/device, and you agree to accept responsibility for all activities that occur on your device or due to your use of the Services. Presentr currently makes the Services available over the Internet. You shall provide at your own expense, all necessary telephone lines, Internet connections, equipment, software (including a compatible web browser), and services for you to effectively access the Services. You are responsible for upgrading and configuring your internal systems (e.g. network settings, Internet routing, fire walls, and web browsers) to be and remain compatible with and optimize the performance of the Services. b. Recordings Presentr allows users to record speech (“Recordings”), and users can listen back to Recordings. The audio is also processed by a speech to text engine to show the speech feedback, as well as other transcript enabled functionality. We provide analytics after the Recording using the speech transcript, information input by the user, and information that can be derived from audio processing. When you launch a recorded session of any kind through the Services, the Services will capture audio recordings. The Recordings and related personal information are considered personal identifiable information and confidential. The Recordings are stored in Presentr’s cloud infrastructure which is built on top of a third-party cloud service provider, such as Microsoft, Amazon and IBM. We will not view any Recordings or related personal information except as necessary to appropriately support the Services or as required by law. Related personal information may include names, written notes, audio recordings, transcripts, and any other information created or used while you use the Services. We will not view any related personal information except as necessary to appropriately support the Services or as required by law. At the discretion of the recording users or other users who have been granted access by the recording users, these Recordings may be shared and accessed with both attendees and non-attendees of the session. c. Prohibited Conduct You may not use the Services in any manner that in our sole discretion could damage, disable, overburden, or impair them or interfere with any other party’s use of the Services. You may not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services. You may not use a false e-mail address, false phone number, false address, false name, impersonate any person or entity, or otherwise mislead as to your identity. If you provide any information that is inaccurate, Presentr reserves the right to suspend or terminate your Account and refuse any and all future use of the Services by you. You further agree to immediately notify Presentr of any unauthorized use of your password or Account or any other breach of security. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. The Services may contain systems designed to restrict or regulate access to the Services. You agree that you will not bypass any measures we may use to prevent or restrict access to the Services. d. Streaming Content The Services may provide certain features which may enable you to share video, by streaming such video, live over the Internet (“Streaming Content”). You understand that all Streaming Content is the sole responsibility of the person from whom such content originated. This means that you, and not Presentr, are entirely responsible for all content that you stream or otherwise make available through the Internet. You acknowledge that Presentr does not pre-screen, monitor or approve Streaming Content and that Presentr makes no representations and has no liability with respect to the content or availability of any Streaming Content. Although Presentr has no obligation to do so, Presentr reserves the right, in its sole discretion, to block or remove Recordings or Streaming Content and refuse access to any Recordings or Streaming Content through the Services, if, for example, it deems such content to be in violation of these terms. e. No Endorsement You understand that Presentr does not endorse and is not responsible for the appropriateness, accuracy, usefulness, safety, or intellectual property rights of or relating to Recordings or any Streaming Content. You further understand and acknowledge that you may be exposed to Recordings or Streaming Content that is inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST PRESENTR WITH RESPECT THERETO. f. Location-Based Services The Services may provide features that enable Presentr to tailor your experience based on your location (“Location-based Services”). For example, Presentr may utilize your device’s Internet Protocol (“IP”) address to ensure that content is delivered to you, or bandwidth information to improve the speed and quality of your Recordings and/or Streaming Content. In order to use Location-based Services, you must allow Presentr access to your localized position, which Presentr may access through a variety of means, including, if available, GPS, IP address, cellular tower, and/or other location identifiers now known or later developed. If you choose to disable Location-based Services, you will not be able to utilize certain features of the Services. By authorizing Presentr to access your location, you agree and acknowledge that: (i) Presentr may collect device data from you in connection with the Services and your use of the App, and (ii) Presentr may provide Location-based Services related to your then-current location for the duration of your session. You acknowledge and agree that Presentr does not guarantee the accuracy of any location information, and your use of any Location-based Services is at your sole risk. g. No Guarantee of Services Presentr cannot guarantee that the Services will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Services, and may result in the failure of your communications, including but not limited to: your local network, firewall, your Internet service provider, the public Internet, the public switched telephone network and your power supply. Presentr takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. h. Your Indemnity You agree to indemnify, defend, and hold Presentr, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, App or Services (including any information, content or materials provided through the Site, App or Services), your communications, transactions, or dealings with third parties initiated through the Services, your violation of these Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in the Terms, as well as your content, information and other materials that you or anyone using your Account posts on the Services or transmit to other users. Presentr reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Presentr, and you agree to cooperate with our defense of these claims. Presentr will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. i. Fees For any Services for which Presentr charges a fee, you agree that Presentr may charge to your credit card or other payment mechanism selected by you and approved by Presentr (your “Account”) all amounts due and owing for the Services, including Service fees, set up fees, subscription fees, or any other fee or charge associated with your Account. Presentr may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Presentr will provide you with prior notice and an opportunity to terminate your Account if Presentr changes the price of Services to which you are subscribed and will not charge you for previously free Services unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event Presentr is unable to collect the fees owed to Presentr for the Services through your Account, Presentr may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Presentr in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Presentr may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You understand and acknowledge that third party fees may apply to your use of the Services, including without limitation fees charged by your mobile service provider or Internet provider for network access, data transmission, or other similar fees. You are solely responsible for all such fees.
3. App Use.
4. Use of Your Name and Logo
If you are a corporation, non-profit organization, public entity, educational institution or other type of organization, Presentr may use your name and logo to identify you as a customer of Presentr on our website and on presentations, marketing materials and other documents identifying or listing our customers. If you do not wish to be identified as a customer of Presentr, you may send an email to email@example.com to request to be removed from publicly available customer lists and we will remove you from such list.
5. Revisions to these Terms
These Terms may be revised at any time by us by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by legal notices or terms located on particular pages of this Website. YOUR CONTINUED USE OF THE SITE AND/OR APP AFTER CHANGES ARE MADE SHALL BE CONSIDERED YOUR ACCEPTANCE TO THE REVISIONS.
6. Products, Content and Specifications
All features, content, specifications, products, and prices of products and services described or depicted on this Website or through the App are subject to change at any time without notice. The inclusion of any products or services made available at a particular time does not imply or warrant that these products or services will be available for purchase at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession and use of the Services purchased by or through the Site or the App. By placing an order, you represent that the Services ordered will be used only in a lawful manner. Presentr respects copyright law and expects its users to do the same. It is our policy to terminate, in appropriate circumstances, Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders (if you believe that any Content on the Services violates your copyright, you are encouraged to notify Presentr in accordance with the Digital Millennium Copyright Act (“DMCA”). We will respond to all such notices, including by removing the infringing content, as required or appropriate). By using the Services, you agree not to violate or infringe upon any copyright, patent, trade secret, trade identity, or intellectual property right. All information included on the Services, including but not limited to text or copy, graphics, designs, logos, button icons, images, audio and video clips, digital downloads, and software (collectively “Content”), is the property of Presentr or its content suppliers and is protected by the United States and international copyright laws. By agreeing to these Terms, you agree not to reproduce, distribute, modify, remove, delete, augment, publish, transmit, create derivative works from, or in any way exploit any of the Content, in whole or in part, or authorize others to do so.
8. Accuracy of Presentr Information
We attempt to ensure that information we provide is complete, accurate, and current. Despite our efforts, the information we provide or make available may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information provided by or through us.
9. Use of this Services
The Services, Site and App, including their design, text, graphics, content visual material, and all information contained therein (“Information”), is copyrighted and protected by worldwide copyright laws and treaty provisions. Presentr authorizes you to view and download copies of this Information only for your personal, non-commercial use, subject to the following conditions: (1) you must retain, on all copies of the Information downloaded, all copyright and other proprietary notices contained in such Information; (2) you may not modify the Information in any way, reproduce, publicly display, distribute, or otherwise use such Information for any public or commercial purpose; and (3) you must not transfer the Information to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on through the Site, App or Services, as they may be updated from time to time. Except as expressly provided herein, or as may be otherwise agreed by the parties in writing, Presentr does not grant any express or implied right or license to you under any patents, design patents, trademarks, copyrights, or trade secret information.
10. Third Party Links
From time to time, the Site, App or Services may contain links to websites that are not owned, operated or controlled by us or our respective affiliates. Presentr does not make any representation whatsoever regarding the content of any other website, which you may access from the Site, App or Services. When you access a non-Presentr website (or other offering), please understand that it is independent from Presentr and that Presentr does not have any control over the content on that website. A link to a non-Presentr website does not mean that Presentr endorses or accepts any responsibility for the content or use of such website. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site, App or Services. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Site, App or Services, you do so entirely at your own risk. Please also review the terms and conditions of any other website that you access from the Site, App or Services, as they may be different from these Terms. The contents of Presentr’s Site, App or Services are ©2017 Presentr. All rights reserved.
Presentr may own or otherwise have rights to a number of trademarks. Those trademarks followed by a “®” or “TM” are registered trademarks of Presentr in the United States; all others marks are trademarks or common law marks of Presentr in the United States, except as noted below. Failure of a mark to appear on the Site, App or Services does not mean that Presentr does not use the mark, nor does it mean that the product is not actively marketed or is not significant within its relevant market. Other trademarks, trade names, and service marks used or displayed on the Site, App or Services are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Site, App or Services grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site, App or Services without the written permission of Presentr or such other owner.
12. Linking to this Website
Creating or maintaining any link from another website to any page on the Site, App or Services without our prior written permission is prohibited. Running or displaying the Site, App or Services or any information or material displayed on the Site, App or Services in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site, App or Services must comply will all applicable laws, rules, and regulations.
13. Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate termination of your Account and the removal of the related materials from the Site, App or Services. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
14. User Information
15. Customer Reviews
Visitors may submit reviews for the Site, App or Services so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” If you do submit material, and unless we indicate otherwise, you grant Presentr, or its assigns, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Presentr or its assigns, the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Presentr for all claims resulting from content you supply. Presentr has the right but not the obligation to monitor and edit or remove any activity or content. Presentr takes no responsibility and assumes no liability for any content posted by you or any third party.
Presentr company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must request that no visitors to this site submit or send any original creative materials, including but not limited to submissions of suggestions, ideas or concepts related to current or future products or business ideas. If, at our request, you send certain specific submissions (e.g., customer reviews) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”), the Submissions shall be deemed and shall remain the property of Presentr in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants Presentr the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that Presentr chooses, whether internal, public, commercial, or otherwise, without any compensation, credit, or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against Presentr relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract, or breach of confidentiality.
17. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE, APP AND ANY SERVICES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES, PROVIDED ON OR THROUGH THIS THE SITE, APP AND/OR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE, APP OR SERVICES. WE DO NOT WARRANT THAT THE SERVICES OR INFORMATION, CONTENT, OR MATERIALS PROVIDED THROUGH THE SERVICES ARE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE, APP OR SERVICES MAY BE OUT OF DATE, MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NEITHER WE, NOR ANY OF OUR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. PRESENTR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION, MATERIALS OR SERVICES OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE, APP OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH PRESENTR.
18. LIMITATIONS OF LIABILITY
We do not assume any responsibility, and we will not be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site, App or Services, your downloading of any information or materials from Site, App or Services, or using any Services. IN NO EVENT WILL WE, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, APP OR SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL ECONOMIC DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, APP OR SERVICES, ANY WEBSITE LINKED TO THE SITE, APP OR SERVICES, OR THE INFORMATION OR MATERIALS CONTAINED OR MADE AVAILABLE THEREFROM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY CLAIMS OR CLAIMS FOR CONSUMER FRAUD. IN THE EVENT OF ANY PROBLEM WITH YOUR USE OF THE SITE, APP OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE, APP OR SERVICES.
You or we may suspend or terminate your account or your use of the Site, App or Services at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Site, App or Services at any time without notice. You may terminate your right to use the Services at any time by discontinuing all use of the Services, including the App, and by deleting the App from your device. If you have signed up for Services for a subscription period which requires the periodic payment of fees to Presentr, in order to terminate such Services you must send a termination notice to firstname.lastname@example.org at least thirty (30) days prior to the end of your subscription period and your termination rights will not be effective until the subscription period has expired.
20. Choice of Law/Forum Selection
These Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in New York.
The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions are found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law or arbitrator. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from these Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
22. Government Use
The App and Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
23. Export Control
You may not use or otherwise export or re-export the App or any software associated with the Services except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App or Services software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on 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 App or Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
24. Additional Assistance
If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact us at email@example.com.
25. Open Source
Certain items of software included in or used by Services may be owned by or licensed from third parties and subject to “open source” or “free software” licenses (collectively, “Open Source Software”). This Open Source Software is not subject to the terms and conditions of these Terms but are instead licensed under the terms of the end user license that accompany them. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of such end user license. If required by any license for particular Open Source Software, Presenter makes such Open Source Software, and our modifications to that Open Source Software, available by written request at firstname.lastname@example.org.