Presentate Terms of Use

Effective Date: August 1, 2014

Four53 Inc. (“Four53”) provides the Presentate site, located at https://presentate.com (“Site”) and various related services (“Services”) subject to your compliance with these terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between Four53 and you or your company. In addition, when using particular Services on this Site, you shall be subject to any posted guidelines or rules applicable to such Services that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. By completing any Site registration process or using this Site, you agree to be bound by these Terms of Use. Please also review our Privacy Policy, located at https://presentate.com/privacy. If you do not wish to be bound by these Terms of Use, please discontinue use of the Site immediately. Your remedy for dissatisfaction with this Site, or any Services, content, or other information available on or through this Site, is to stop using the Site and / or those particular Services. Your agreement with Four53 regarding compliance with these Terms of Use becomes effective immediately upon commencement of your use of this Site.

Access to the Site

To access this Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete and that you will abide by these Terms of Use. If Four53 believes that the information you provide is not correct, current, or complete, that you have violated any provision in these Terms of Use, or if a third-party service is no longer available through Four53 for any reason, Four53 has the right to refuse you access to this Site or any of its resources, to suspend your access to any of Four53’s Services or the services of it’s third-party service provider, or to temporarily suspend or permanently terminate your user account, with or without a prorated refund of any prepaid amounts in its sole discretion.

Restrictions on Use

You are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Site in accordance with this Terms of Use. You may use this Site for purposes expressly permitted by this Site. As a condition of your use of Four53’s Site and Services, you warrant to Four53 that you will not use the Site or Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of Four53. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Four53 in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use Four53’s Site or Services in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site or Services.

Four53 and Third Party Proprietary Information

The material, content, and Services accessible from this Site, including, but not limited to, the Four53 API, and any other website owned, operated, licensed, or otherwise controlled by Four53 (the “Content”) is the proprietary information of Four53 or the party that provided or licensed the Content to Four53, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, decompiled, reverse engineered, disassembled, transferred, distributed, republished, resold, sublicensed, uploaded, posted, used to create derivative works, or transmitted in any way without the prior written consent of Four53, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Four53’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site. Notwithstanding this provision, users of Four53 Services and the Site are not permitted to use the Content as a component of, or basis for, a database prepared for use by the said user or any third party. Furthermore, all copies of Content, whether in print or electronic form, must incorporate all of Four53’s or third party copyright and / or other intellectual property rights notices.

Four53’s rights apply to the Four53 APIs and all output and executables of the Four53 APIs, excluding any software components developed by you which do not themselves incorporate the Four53 APIs or any output or executables of the Four53 APIs. Four53 owns all rights, title, and interest in the Four53 APIs.

Your Proprietary Information

You own what’s rightfully yours. Four53 agrees that it has no rights to the data, documents, information or material that you submit in the course of using the Site and Services ("Submitted Data"). When submitting data, you, and not Four53, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Submitted Data. Four53 shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Submitted Data. By using the Services, each user represents and warrants to Four53 that it has the legal right to submit the Submitted Data. You agree to indemnify, defend and hold Four53 harmless from any liability caused by your submission of Submitted Data in violation of a third party’s copyright or other rights of ownership. Four53 reserves the right to withhold, remove and/or discard Submitted Data without notice for any breach, including without limitation, non-payment of fees. In addition, Four53 reserves the right to withhold, remove and/or discard any Submitted Data submitted to Four53, which, in Four53’s sole opinion, is pornographic or otherwise in violation of Four53’s internal policies for publishable material. FOUR53 MAKES NO REPRESENTATION OR WARRANTY THAT ANY STANDARD EDITION SUBMITTED DATA SUBMITTED TO FOUR53 WILL BE RETAINED FOR ANY PARTICULAR PERIOD OF TIME, AND YOU AGREE TO MAINTAIN ON YOUR SERVERS DUPLICATE COPIES OF ALL SUBMITTED DATA SUBMITTED TO FOUR53, INCLUDING WITHOUT LIMITATION, SUBMITTED DATA STORED ON LOOP SERVICES.

DMCA

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  • A physical or electronic signature of the copyright owner or authorized agent;
  • Identification of the copyrighted work(s) claimed to have been infringed;
  • Identification of the material that is alleged to be infringing or is the subject of the allegedly infringing activity that you desire to have removed or access to which is to be disabled;
  • Information that is specific and sufficient to permit us to locate the material, including the URL and/or a specific description of where the material is located;
  • Information reasonably sufficient to permit the service provider to contact you, such as a mailing address, telephone number, or email address;
  • A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Four53’s designated copyright agent to receive notifications of claimed infringement is ATTN: DMCA Agent, Four53 Inc., 46 Calhoun Terrace, San Francisco, California 94133, email: dmca@four53.com. For clarity, only DMCA notices should go to the copyright agent. Other feedback, comments, requests for technical support, and other communications should be directed to Four53 customer support at support@presentate.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Counter-Notice

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content, you may send a counter-notice to the designated copyright agent above with the following information:

  • Your physical or electronic signature;
  • Identification of the Content that has been remove or to which access has been disabled;
  • Information that is specific and sufficient to describe where the Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of a mistake or a misidentification of the Content; and
  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Four53 may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Four53’s sole discretion.

Service Updates

The Four53 Site and Services may need updating from time to time. These updates may temporarily disrupt use of the Site or Services and are designed to improve, enhance, and further develop the Site or Services and may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services. You agree to receive such updates as part of your use of the Services.

Links

This Site may contain links to other sites which are not maintained by, or related to, Four53. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or Four53. Four53 has not reviewed any or all of such sites and is not responsible for the content of those sites. Four53 is not responsible for webcasting or any other form of transmission received from any linked site. Links are to be used and third party sites accessed at the user’s own risk, and Four53 makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to this Site. Four53 provides links as a convenience, and the inclusion of any link to a third party site does not necessarily imply endorsement by Four53 of that site or any association with its operators.

Advertisements

Some of the Four53 Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to Four53 Content, user-generated content, queries, or other information. The manner, mode, and extent of advertising by or permitted by Four53 on the Site are subject to change without specific notice to you. In consideration for Four53 granting you access to and use of the Site and Services, you agree that Four53 may place such advertising on the Site or Services.

Disclaimer

You understand that Four53 cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. Four53 does not assume any responsibility or risk for your use of the Internet.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FOUR53 DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FOUR53 DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOUR53 DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND FOUR53 MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT FOUR53, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. FOUR53 MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Four53 does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer accurate or complete.

Limitation of Liability

FOUR53, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF FOUR53 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FOUR53 AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF FEES PAID OR PAYABLE FOR THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

Indemnity

You will indemnify and hold Four53, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

Security

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password. Four53 will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Four53 considers insecure, Four53 will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any Services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Four53 reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Four53 reserves the right to investigate suspected violations of these Terms of Use.

Four53 reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Four53 to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS FOUR53 FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FOUR53 DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FOUR53 OR LAW ENFORCEMENT AUTHORITIES.

No Waiver

No delay or failure by Four53 to enforce any of these Terms of Use shall constitute a waiver of any of our rights under these Terms of Use. Neither the receipt of any funds by Four53 nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Four53 shall have any legal effect.

Severability

If any clause or provision set forth in this Terms of Use statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

Governing Law and Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use and/or the Privacy Policy or to this Site will be governed by U.S. federal law and the laws of the State of California, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively in the state or federal courts in the County of San Francisco, California. You agree to submit to the personal jurisdiction and venue of the courts of the State of California for any legal proceeding involving the Site, regardless of who initiated the proceeding.

This English-language Terms of Use statement is Four53’s official agreement with users of this Site. In case of any inconsistency between this English-language Terms of Use statement and its translation into another language, this English-language document shall control.

Arbitration

Any controversy or claim arising out of or relating to this Terms of Use or the provision of the Services shall be finally settled by binding arbitration in accordance with the most current commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, subject to the foregoing arbitration provision, you and Four53 agree to submit to the personal jurisdiction of the courts located within the city and county of San Francisco, California. Either you or Four53 may seek an interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, necessary to protect the rights or property of you or Four53 (or its agents, suppliers, and subcontractors) pending the completion of arbitration. YOU AND FOUR53 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Four53 agree otherwise, the arbitrator may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against Four53 or Four53’s affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. Four53 may freely assign its rights and obligations under these Terms of Use.

In addition to any excuse provided by applicable law, Four53 shall be excused from liability for non-delivery or delay in delivery or availability of Services available through our Site arising from any event beyond Four53’s reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond Four53’s reasonable control, whether or not similar to those which are enumerated above.

Changes to this Agreement

Four53 reserves the right, in its sole discretion, to modify, alter, or otherwise change this Terms of Use at any time. We will provide notice of such change on this Site. Please review the Terms of Use and/or additional terms periodically for changes. Your continued use of the Four53 Site constitutes your acceptance of and agreement to be bound by these changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, you must stop using this Site.

For More Information

If you have any questions regarding our Terms of Use statement, please contact us by sending an email to support@presentate.com.