Terms of Service:

If you are purchasing services from us, please refer to our Master Subscription Agreement

The following terms of service (“Terms”) govern all  access and use of the Prezentt.com website (“Site”) whether by a visitor or a user (“User”, “you”, “your”) and all content, services and products available at or through the website. The Site is owned and operated by Prezentt Pty Ltd, ABN 16 167 113 751 (“Prezentt.com”, “we”, “us”, “our”). The Site is offered subject to your acceptance without modification of any of the Terms contained herein and all other operating rules, policies (including, without limitation, Prezentt.com’s Privacy Policy) and procedures that may be published from time to time on this Site by Prezentt.com (collectively, the “Agreement”).

 

Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you acknowledge and agree  that you have had sufficient opportunity to read and understand the terms and conditions of the Agreement to become bound by them. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or use any services available through it.

 

1. Your Prezentt.com Account and content: If you set up an account on the Site (“Account”) and create content on the Site, you are responsible for maintaining your Account, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with your content. You must not describe  presentations or content in your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Prezentt.com may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause Prezentt.com loss, damage or liability or is likely to cause any damage to our reputation. You must immediately notify Prezentt.com of any unauthorized uses of your Account or any other breaches of security. Prezentt.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You acknowledge that all files, images, presentations and other information you upload to the Site can be publicly available.

2. Responsibility of Account Holders: If you operate an Account, add a comment, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site ( “Content”), You are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, electronic documents or hyperlink to other content. By making Content available, you represent and warrant that:

(a) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

(b) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

(c) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

(d) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

(e) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

(f) the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

(g) your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other sites and web sites, and similar unsolicited promotional methods;

(h) your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own.

3. Grant of Licence: By submitting Content to Prezentt.com for inclusion on your Account, you grant Prezentt.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Account based upon the publication settings that you determine within the Site. If you delete Content, Prezentt.com will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be immediately deleted

4. Removal of Content: Without limiting any of those representations or warranties in clause 2, Prezentt.com retains complete editorial control over the Site and your Account and has the right (though not the obligation) to, in Prezentt.com’s sole discretion (i) refuse or remove any Content that, in Prezentt.com’s reasonable opinion, violates any Prezentt.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in Prezentt.com’s sole discretion. Prezentt.com will have no obligation to provide a refund to you of any amounts previously paid.

5. Payment and Renewal. General Terms: Optional paid services for a professional subscription are available on the Site (“Upgrade”). By selecting an Upgrade you agree to pay Prezentt.com the monthly or annual subscription fees advised by Presentt.com for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

6. Automatic Renewal: Unless you notify Prezentt.com before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time in the Upgrades section of your site’s dashboard.

7. Responsibility of Site Users: Prezentt.com has not reviewed, and cannot review, all of the material, posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Site, Prezentt.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Although all care is taken by Prezentt.com to remove such material Prezentt.com disclaims any responsibility for any harm resulting from your use of the Site, or from any downloading by you of content there posted.

8. Content Posted on Other Websites: We have not reviewed, and cannot review, all of the material, including electronic documents, made available through the websites and webpages to which Prezentt.com links to, and that link to Prezentt.com. Prezentt.com does not have any control over those third party  websites and webpages, and is not responsible for their contents or their use. Prezentt.com does not in any way endorse, sponsor or approve such websites or webpages.  By linking to a third party website or webpage, Prezentt.com you agree that you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Prezentt.com disclaims any responsibility for any harm resulting from your use of third party websites and webpages.

9. Copyright Infringement Policy: As Prezentt.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Prezentt.com violates your copyright, you are encouraged to notify Prezentt.com. Prezentt.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Prezentt.com will terminate a user’s access to and use of the Site if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Prezentt.com or others. In the case of such termination, Prezentt.com will have no obligation to provide a refund of any amounts previously paid to Prezentt.com.by that user.

10. Intellectual Property: This Agreement does not transfer from Prezentt.com to you any Prezentt.com or third party intellectual property, and all right, title and interest in and to such property will remain solely with Prezentt.com or the third party as the case may be. Prezentt.com, Prezentt, the Prezentt.com logo, and all other trademarks, service marks, graphics and logos used in connection with Prezentt.com, or the Site are trademarks or registered trademarks of Prezentt.com or Prezentt.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Prezentt.com or third-party trademarks.  Your use of the Site grants Prezentt.com permission to use your organisation’s name and logo in any of its marketing materials.

11. Changes: Prezentt.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Prezentt.com may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

12. Termination: Prezentt.com may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account (if you have one), you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability as well as any accrued rights of either party such as rights to payment.

13. Disclaimer of Warranties: The Website is provided “as is”. Prezentt.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Prezentt.com nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.

12. Limitation of Liability: To the full extent permitted by law,in no event will Prezentt.com, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Prezentt.com under this Agreement during the twelve (12) month period prior to the cause of action. Prezentt.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

13. General Representation and Warranty: You represent and warrant that (i) your use of the Site will be in strict accordance with the Prezentt.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

14. Indemnification: You agree to indemnify and hold harmless Prezentt.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Site, including but not limited to your breach of this Agreement.

15. Miscellaneous:

15.1        This Agreement constitutes the entire agreement between Prezentt.com and you concerning the subject matter hereof, and these Terms may only be modified by a written amendment signed by an authorised executive of Prezentt.com, or by the posting by Prezentt.com of a revised version of the Terms to you

15.2        Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Western Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Australia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be settled firstly through negotiation with senior management of Prezentt.com or, failing this, by arbitration and facilitated by a member of The Institute of Arbitrators & Mediators Australia.  The arbitration shall take place in Perth, Western Australia, in the English language and the arbitral decision may be enforced in any court. The prevailing part in any action or proceeding to enforce this Agreement shall be entitled to costs and legal fees.

15.3        If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

15.4        A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

15.5        You may assign your rights under this Agreement with the prior consent of Prezentt.com and provided that the proposed assignee agrees in writing to be bound by these Terms.Prezentt.com may assign its rights under this Agreement without condition.

15.6        This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

With acknowledgement to the kind folks at WordPress.com for providing the basis for the above terms under Creative Commons.
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