Terms of Use Agreement
Effective as of July 1st 2020, first release.
The following terms and conditions (the “Agreement”) govern all use of the “SlideTrick” application (“Application”). The Application is owned and operated by SlideTrick, Inc. (“SlideTrick”). The Application is subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein.
BY USING OR ACCESSING ANY PART OF THE APPLICATION, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
SlideTrick reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Application following email notification of any changes to this Agreement constitutes acceptance of those changes. This Agreement is void where prohibited by law, and the right to access and use the Application is revoked in such jurisdictions.
1. Restrictions
User hereby certifies to SlideTrick that if User is an individual (i.e., not a corporation), User is at least 14 years of age. User also certifies that it is legally permitted to use the Application.
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Application (except that this restriction shall not apply to the limited extent restrictions on reverse engineering prohibited by applicable local law); (ii) modify or create derivatives of any part of the Application; (iii) rent, lease, or use the Application for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Application. As between the parties, SlideTrick shall own all titles, ownership rights, and intellectual property rights in and to the Application, and any copies or portions thereof.
User shall not (i) submit false information to the Application, or (ii) use the Application for any purpose that is unlawful or prohibited by this Agreement.
2. License
Subject to the terms and conditions of this Agreement, User is hereby granted a non-exclusive, non-transferable, non-sublicensable, terminable license to access downloads and use the Application solely for the purposes for which the Application is provided, provided that SlideTrick reserves the right to charge User fees for the license with advanced notices of not less than fourteen (14) days. This license is personal to User and User will not use the Application for any commercial purpose.
3. User Content
The Application allows Users to store, sync, and share documents, files, materials, content, data, and any other information User submits to, or through, the Application (User’s “Content”).
USER ACKNOWLEDGES AND AGREES THAT BY UTILIZING ANY OF THE AFOREMENTIONED FEATURES, USER CONSENTS TO SlideTrick AND ITS AGENTS AND PROVIDERS (I) ACCESSING YOUR DEVICE FOR SUCH PURPOSES, AND (II) STORING, SYNCING, AND SHARING USER’S CONTENT AS INDICATED/REQUESTED BY USER THROUGH USER’S USE OF THE APPLICATION. USER HEREBY GRANTS TO SlideTrick ALL NECESSARY RIGHTS AND LICENSES (SUCH AS THE RIGHT AND LICENSE TO USE, COPY, MODIFY, TRANSMIT, DISTRIBUTE, STORE, AND CACHE SUCH CONTENT) AS REASONABLY NECESSARY FOR SlideTrick TO ACHIEVE SUCH ACTIVITIES.
User is solely responsible for maintaining and protecting all Content that is stored, retrieved, or otherwise processed by or in connection with the Application. Without limiting the foregoing, User will be responsible for all costs and expenses that User or others may incur with respect to backing up, and restoring and/or recreating any Content that is lost or corrupted. User accesses/uses/relies on the Content of other Application users at User’s own and sole risk.
With respect to all Content, User represents and warrants that (i) User has the full right and authority to access and distribute, (ii) no such Content will infringe or misappropriate or otherwise violate the rights of any third party, (iii) no such Content will violate any law or regulation, (iv) no such Content will be disparaging or defamatory toward others, sexually explicit, or abusive, (v) no such Content will be contrary to, or inconsistent with, the social mores, ethics, or public policies, (vi) no such Content will contain any direct or indirect messages or nuances that may be seen as advocating or promoting any illegal, illicit, immoral, violent, or unethical activities or ideas, (vi) no such Content will damage or otherwise adversely affect the Application or any of the systems used by or on behalf of SlideTrick to host or otherwise provide the Application.
4. Registration
As a condition to using certain products and services of the Application, User will be required to register with SlideTrick and enter their name, email address, and password (“SlideTrick User ID”). User shall provide SlideTrick with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a SlideTrick User ID a name or email address of another person; or (ii) use as a SlideTrick User ID a name or email address subject to any rights of a person other than User without appropriate authorization. SlideTrick reserves the right to refuse registration of, or cancel a SlideTrick User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s SlideTrick password and other account information.
5. Indemnification
User is responsible for all of its activity in connection with the Application, including any Contents. User shall defend, indemnify, and hold harmless SlideTrick, its affiliates and each of its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or in connection with User’s (i) access to or use of the Application, (ii) Content, or (iii) violation of this Agreement.
6. Warranty Disclaimer
THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SlideTrick MAKES NO WARRANTY THAT (I) THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (II) THE APPLICATION WILL NOT DAMAGE OR ALTER CONTENT, OR (III) THE RESULTS OF USING THE APPLICATION WILL MEET USER’S REQUIREMENTS OR EXPECTATIONS. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7. Limitation of Liability
IN NO EVENT SHALL SlideTrick, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE APPLICATION: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY DAMAGE CAUSED TO ANY CONTENT BY THE APPLICATION OR OTHERWISE, OR (IV) FOR MATTERS BEYOND SlideTrick’S REASONABLE CONTROL. USER UNDERSTANDS THAT THE APPLICATION MAY CONTAIN BUGS OR THE LIKE, OR MAY FOR OTHER TECHNICAL REASONS SUCH AS FORMAT COMPATIBILITY, CAUSE ALTERATION OR DAMAGE TO CONTENT – AND USER ACCEPTS SUCH RISK. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
8. Termination
SlideTrick may terminate, and subsequently further refuse to grant, User’s access to the Application at any time, with or without cause. Upon termination, User will no longer access (or attempt to access) the Application. User may terminate User’s account at any time through User’s account page. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers and limitations of liability. User acknowledges and agrees that upon termination, User’s contents will no longer be available if not sooner deleted per SlideTrick’s policies, which may be amended from time to time without notice to Users.
9. Privacy
SlideTrick’s current privacy policy is available at Privacy Policy page, which is incorporated by this reference.
10. Miscellaneous
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. SlideTrick shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SlideTrick’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). Parties may seek equitable reliefs such as injunctions and specific enforcements in addition to damages. In any proceedings or actions arising out of this Agreement, the prevailing party is entitled to reasonable attorney’s fees and all costs incurred in connection with such proceedings and actions. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary and all other provisions of this Agreement shall otherwise remain in full force, in effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by User except with SlideTrick’s prior written consent. SlideTrick may transfer, assign, or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the country where SlideTrick’s headquarter is located. User waives any defense based on lack of personal jurisdiction, inconvenient venue, lack of notice, defect in services of court documents, forum, and any other similar doctrines. User agrees that a notice by an email specified by User constitutes a valid notice for delivery of summons and other court documents. User agrees that SlideTrick may enforce any orders or judgments (which it may obtain from a court located in the country where SlideTrick’s headquarter is then located) in a country where User resides. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind SlideTrick in any respect whatsoever.
11. Acknowledgment of Understanding
By downloading, accessing, and/or using Application in any way, User explicitly acknowledges that User has read, understood, and agreed to all of the provisions of this Agreement regardless of whether User’s primary language is English or not.