Terms and Conditions

Last modified: April 25, 2019

Welcome to SlideClub! Please read these Terms and Conditions and our Privacy Policy available here (collectively the “Terms”) carefully, as you agree that you consent to these Terms by your use of this website and SlideClub’s services and slides, as described further below.

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Memzy LLC (“Company,” “we,” “our,” or “us”), and they govern your access to and use of the SlideClub website (“Website”) and SlideClub slides (“Slides”), including any content, functionality, and services offered on or through the Website and the Slides, whether as a guest or a registered user.

Please read the Terms carefully before you use the Website or the Slides. By using the Website or the Slides, or by clicking to agree to the Terms when this option is made available to you,  you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms and Conditions or the Privacy Policy, do not access or use the Website, the Slides, or any Company services, but please get in touch with us so we can try to help.

Term

This agreement remains in full force and effect while you use the Website and/or any of the Slides. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Eligibility

The Website and the Slides are intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Website and the Slides.

Changes to the Terms of Use

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and the Slides thereafter. Your continued use of the Website or any Slides following the posting of revised Terms means you accept and agree to the changes.

Slide License and Use of Slides

By subscribing to our services on the Website, including agreeing to these Terms, you can access and download Slides created by the Company for your personal use in your own slide presentations. By accessing and/or downloading any Slides, you agree and understand that such Slides, and all content therein, are licensed, not sold, to you for use only under these Terms. The Company reserves all rights not expressly granted to you.

This license granted to you for the Slides and all content therein by the Company is a non-transferable, revocable, worldwide, non-sublicensable license to use the Slides provided to you by the Company for your personal, non-commercial use. This means that while you can use the Slides and any content therein for professional purposes, including for your business or job, you cannot rent, lease, lend, sell, sublicense, or otherwise distribute, publish, or transfer the Slides or any content therein in exchange for monetary or other consideration. Additionally, you are not permitted to post, distribute, publish, or otherwise provide any Slides or any content therein in any manner that allows another party to download the Slides or any content therein in the form provided to you by the Company. Any attempt to do any of the foregoing is a violation of the rights of the Company and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any changes provided by the Company that replace and/or supplement the original Slide(s), unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

User Contributions

The Website may contain message boards, public user profiles, forums, bulletin boards, and other interactive features that allow users to post, publish, or transmit to other persons content or materials (collectively, “User Contributions”) on the Website.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, transferrable, sublicensable, royalty-free license to sublicense, use, reproduce, copy, modify, create derivative works of, publicly perform, publicly display, distribute, and otherwise disclose to third parties and/or exploit in any manner any such material for any purpose.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, including any Slides, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or its services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To receive or access Slides, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and the Slides that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of our Terms.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or the Slides may be out of date at any given time, and we are under no obligation to update such material.

Fees

The Website is a subscription-based service with fees charged on a monthly basis. When you register on the Website, you will select your subscription frequency and agree to pay the associated subscription fee. Unless otherwise noted on the Website, subscription fees are automatically charged to your payment method each month.

The Company reserves the right to modify its fee structure at any time and without advanced notice. Temporary or permanent modifications are effective as soon as they are published on the Website and are applicable to all subsequent transactions. In the case of temporary modifications, the duration of the changes will be clearly indicated on the Website.

Cancellation

You can cancel your subscription to the Website and Slides at any time through your account on the Website and will be effective immediately. No refunds will be given at the time of cancellation, but you will not be charged for any future months unless you reactivate your subscription through the Website.

Taxes

You are solely liable for all the taxes, fees, and commissions resulting from use of the Website and the Slides. These Terms do not create a joint venture, partnership, or principal-agent relationship between you and the Company, or any other users, and nothing in the Terms may be used to imply such a relationship. You agree to indemnify, defend, and hold the Company harmless from any liability for, or assessment of, any claims or penalties with respect to such taxes, labor, or employment requirements, including any liability for, or assessment of taxes imposed on the Company by the relevant taxing authorities with respect to any fees paid to you as the result of using the Website or the Slides.

Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to Website or any Slides (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Website and/or Slides and (b) promote the Website and/or Slides, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Website or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

Intellectual Property Rights  

The Website, and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), and the Slides are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website and the Slides for your personal, non-commercial use only, subject to the following restrictions:

  • You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or the Slides, except as it is created and owned by you or as permitted under “Slide License and Use of Slides” above.
  • You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • You must not access or use for any commercial purposes any part of the Website, the Slides, or any services or materials available through the Website.
  • No right, title, or interest in or to the Website, the Slides, or any content therein is transferred to you except the license provided under “Slide License and Use of Slides” above, and all rights not expressly granted are reserved by the Company.

Trademarks  

The Company name and logo, and all related names, logos, product and service names, designs, and slogans, are the property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses  

You may use the Website and the Slides only for lawful purposes and in accordance with these Terms. You agree not to use the Website or any Slides:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm or offend the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Take any action that may damage or falsify the Company or Website rating.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted  

We do not warrant the accuracy, completeness, or usefulness of any information on the Website or the Slides. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website and the Slides include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Users Outside the U.S.

The Website is controlled and operated from the United States and is subject to its laws. If you choose to access the Website outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.

Disclaimer of Warranties  

YOUR USE OF THE WEBSITE, ITS CONTENT, THE SLIDES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, THE SLIDES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE SLIDES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, THE SLIDES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THE SLIDES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, THE SLIDES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES OR ITEMS IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website or the Slides.

Governing Law

All matters relating to the Website, the Slides, and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.

Arbitration

At the Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use, the Website, or the Slides, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement  

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and the Slides and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Slides.

Your Comments and Concerns  

The Website is operated by Memzy LLC. All feedback, comments, requests for technical support and other communications relating to the Website or the Slides should be directed to: info@memzy.com.