TERMS & CONDITIONS OF USE
http://present.me (the “Site“) is owned and operated by Present.me Ltd, a company registered in England and Wales with registered number 7301804 whose registered office is at Brightwell Grange, Britwell Road, Burnham Bucks SL1 8DF, United Kingdom.
The terms “we”, “our” and “us” when used in these Terms means Presentme Ltd (“Present.me”). The terms “you”, “your” and “yours” when used in these Terms means you as a user of the Site.
Summary (please read terms in full)
- You retain all intellectual property rights in your Presentations.
- You agree you are responsible for any Presentations and/or any other content you submit to the Site,
- You must be a registered user before you can use certain Services provided through the Site.
- You must not use the site for breaking the law
- You must not post offensive content
- The site is provided on an ‘as is’ basis
1. Use of the Site
- 1.1 These terms and conditions (the “Terms“) govern your access to and use of the Site including the Content created and/or provided by Present.me and appearing on the Site, any Presentations posted or viewed by you on the website (“Presentations” as defined below); and any services and/or software provided through the Site or by Present.me (the “Services”). “Content” means all materials that are included in or otherwise a part of the Site, including without limitation, data files, graphics, artwork, information, text, graphics, software, the “look and feel” of the Site, and all other materials related to the Site, excluding the Presentations.
2. Accepting the Terms
- 2.1 These terms apply to all users of the Site. By using the Site you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Site.
- 2.2 We reserve the right to change these Terms at any time and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Site after such changes are posted will be deemed agreement on your partto these Terms, as amended.
3. Presentations and Accounts
- 3.1 The “Presentations”means both (i) the digital video footage created through your webcam, and (ii) the information, data and/or imagery contained in the slides, that you or other users upload, download and access through the Site.
- 3.2 You retain all intellectual property rights in your Presentations. If you have a Free or Plus Account and your presentation is set to “PUBLIC”, you grant us a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and play the Presentations in connection with the Site and Present.me’s (and its successor’s) business, for the purposes of providing the Services, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
- 3.3 You agree that if you have a:
- 3.3.1 Free or Plus Account and you select “PUBLIC” from the privacy dropdown, then your Presentation is available to be viewed and searched by anyone.
- 3.3.2 Plus Account and you select “PRIVATE” from the privacy dropdown, then your Presentation is only available to be viewed and searched by specific users chosen by you.
- 3.3.3 Team or Business Account and you select “INTERNAL” from the privacy dropdown, then your Presentation is only available to be viewed and searched by users with access to your company or school subdomain.
- 3.3.4 Team or Business Account and you select “PUBLIC” from the privacy dropdown, then your Presentation is only available to be viewed by specific users chosen by you without access to your company or school subdomain.
- If you are a school with a Team Account, please also see section 6.
- 3.4 Certain Presentations may be provided with, and subject to, other licenses, such as the Creative Commons license, which may affect how you use those Presentations. Users who make their Presentations available subject to any such third-party licenses hereby agree to comply with all policies and conditions associated with such use and distribution. For more information about Creative Commons, please check creativecommons.org.
- 3.5 To the extent permitted by law, we will be under no liability to you in respect of any loss or damage which you may suffer or incur which may arise directly or indirectly in connection with your Presentations on the Site or any other content you upload, post or submit on the Site, or the subsequent use of your Presentations and/or content by us or any third parties.
- 3.6 For more information on each of the types of Present.me accounts please see the following links: Free account, Plus account, Pro account, Team account, Business Account http://present.me/plans .
4. Your responsibilities
- 4.1 You warrant that you will only upload, post, submit or otherwise transmit presentations that: (i) you have the lawful right to use, copy, distribute, transmit, or display; (ii) you have obtained all consents, permissions and licences to use and/or (iii) do not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).
- 4.2 You agree you are responsible for any Presentations and/or any other content you submit to the Site, including the content in User Posts (defined below).
- 4.3 We reserve the right to delete any Presentations which contravene 4.1and/or terminate accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
- 4.4 You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content of another user’s Presentation, unless you have specific rights to do so from the rightful owner.
- 4.5 You agree that you are solely responsible for maintaining and protecting all your data and information that is stored, retrieved or otherwise processed by the Site. We are not responsible for any costs or expenses that you incur with respect to backing up, restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Site.
5. Your Account
- 5.1 You must be a registered user before you can use certain Services provided through the Site. You must be an individual or an entity who can form a legally binding contract under applicable law to register as a user of the Site.
- 5.2 Please choose a username for your account that is your real name or trademark you own. We reserve the right to remove or reclaim your username if we believe appropriate.
- 5.3 If you are a Team account owner, then please choose a subdomain that is a trademark that you own (https://yourco.present.me). We reserve the right to remove or reclaim your subdomain if we believe appropriate.
- 5.4 If you are under the age of 18 years of age you or your school must obtain a valid, signed parental or guardian consent before using this Site. Please see the Schools section 6for more details.
- 5.5 By agreeing to these Terms you represent and warrant that you are legally capable of entering into the Terms. If you agree to these Terms on behalf of a business, you represent and warrant that you are authorised to accept these Terms on behalf of that business.
- 5.6 You are responsible for safeguarding the password that you use to access the Site. You agree not to disclose your password to any third party. You will immediately notify us of any unauthorized use of your password. You agree to take responsibility for any activities and/or actions under your password.
- 5.7 If you fail to abide by these Terms, we may immediately without notice or liability to you suspend or terminate your account, registration, or access to any or all services available on the Site. If we suspend or terminate your account, registration or access, you must not set up any further accounts, re-register or otherwise access the Site.
- 5.8 We may choose to delete and/or reduce: (i) any or all of your Presentations if you have a Free account and it is inactive for 90 days; and (ii) previous versions and/or prior backups of your Presentations.
6. School Team Accounts
- 6.1 Any school may apply to set up a Team Account on the Site. A valid teacher at a school, who is currently employed as a teacher or a classroom assistant or a schools administrator (as applicable) (“teacher”), can register a Team Account and join as a Team Owner.
- 6.2 If you are a teacher who is the Team Owner, you will have your own individual account, username and password. This account will enable you to add students in your school to view, access and/or upload Presentations (depending on the access restrictions you place on individual student accounts – See 10.4). Each student you wish to add must create an individual account, username and password and have a signed parental consent form from a parent or guardian. Any school with a Team Account has sole responsibility for obtaining a valid, signed parental consent form for each student who wishes to use the school’s Team Account.
- 6.3 All students with an account and rights to view, access and/or upload Presentations onto a school’s Team Account’s subdomain must also agree to comply with these Terms and Conditions.
7. Misuse of the Site
- 7.1 You must not:
- (a) use the Site for any activities which breach any laws or regulations or infringe any third party rights;
- (b) use the Site to send any spam or unsolicited electronic mail messages to anyone;
- (c) use the Site for fraud or any misleading or deceptive conduct;
- (d) use the personal information of another person in order to access or use the Site;
- (e) tamper with, hinder the operation of or make unauthorised modifications to the Site including attempting to interfere with the access of any user, host or network;
- (f) attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
- (g) transmit any bug, virus or other disabling feature to or through the Site; or
- (h) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information.
- 7.2 You must not post, publish or upload any content or information on the Site which is or is likely to be:
- (a) false, misleading or deceptive;
- (b) defamatory of any person;
- (c) abusive, indecent, obscene, pornographic, or offensive;
- (d) in breach of the intellectual property rights or moral rights of any person;
- (e) in breach of any obligations of privacy or confidence;
- (f) harassing, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability; or
- (g) in breach of any laws.
- 7.3 You indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to: (i) your use of the Site, including but not limited to your breach of these Terms, your breach of any third party right and/or any claims arising from and in connection to your Presentations.
- 7.4 We reserve the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law.
- 7.5 You acknowledge that Present.me has no obligation to monitor any user’s access to or use of the Site, including Presentations and/or content submitted by a user, but has the right to do so. We reserve the right to remove any content submitted, uploaded or posted on the Site by any user, at our sole discretion. To report undesirable Presentations and/or content submitted by a user on the Site or to bring to our attention users who may not be following these Terms, please email: support@Present.me.
8. Information and Content
- 8.1 Any material posted on the Site is provided on an “as is” basis. Whilst we reserve the right to change the Content of the Site at any time, material on the Website may be out of date from time to time and we are under no obligation to update such material. We make no representation that material on the Site is appropriate for use or available outside England.
- 8.2 The Site may include information and content provided by third parties (“Third Party Information”). We do not verify Third Party Information, which may not be complete, timely or accurate for your purposes.
- 8.3 You acknowledge and agree that you should not rely on the Site for any reason.
- 8.4 Present.me does not endorse anything contained in the Presentations or any opinion, recommendation or advice expressed in Presentations.
- 8.5 Information, content and Presentations submitted by users of the Site has not been independently verified by us. We are not liable for any incorrect, misleading, deceptive, obscene, offensive or pornographic material which is submitted, nor are we liable for any information, content and Presentations submitted by users which are in breach of any intellectual property rights, moral rights or privacy rights of any party of any law.
- 9.1 The Site may contain links to third-party websites or resources. You acknowledge and agree that Present.me is not responsible or liable for: (i) the availability or accuracy or such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Present.me of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any websites or resources.
10. Access to the Site
- 10.1 You are responsible for making all arrangements necessary for you to have access to the Site including obtaining and maintaining all internet access, computer hardware and other equipment necessary to access the Site. Please remember your use of the Site and its performance may be affected by the hardware and software you use and the quality of your internet access. We recommend that you use a modern browser such as Safari, Chrome or Firefox. If you have any queries on recommended hardware and/or software and or file formats that are compatible with the Site, please contact support@Present.me.
- 10.2 By using the Site and the Services provided under the Site, you consent to allow us to access the webcam and microphone on your computer for the purposes of recording your Presentation and to access any files that are uploaded to the site.
- 10.3 While we endeavor to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period.
- 10.4 Team site owners are responsible for maintaining and managing user access to their subdomains.
11. Security and viruses
- 11.1 Your access to and use of the Site is at your own risk. We do not guarantee the security of the Site. We do not warrant that access to the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free from viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.
12. Intellectual Property Rights
- 12.1 Except for your Presentations you submit to the Site, all intellectual property rights in the Site, including any information, software and tools accessed via the Site, are either owned by or are licensed to us. You may not copy, reproduce, download, modify, republish, post, transmit, store or distribute to the public this Site, or any information, software, and tools accessed via the Site.
- 12.2 We grant you a limited, non-exclusive, non-transferable, revocable license to use the Site subject to the restrictions set out in these Terms.
- 13.1 All intellectual property rights in feedback, comments and suggestions for improvements (the “Feedback“) that you provide to us, in any form, and any contributions you make to the Site by posting content and communicating with Present.me users via posts to forums on the Site (“User Posts“) will be the property of Present.me, and you hereby assign all such intellectual property rights to us. At Present.me’s request and expense, you will execute documents and take such further acts as Present.me may reasonably request to give effect to this.
15. Limitation of Liability and Disclaimer
- 15.1 We are not liable to you for your use of the Site and you agree that your use of the Site is provided on an “as is” and “as available” basis.
- 15.2 Present.me is providing the Site without any guarantees, conditions or warranties to its accuracy or results of use. We do not give any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors, in, or omissions from, the information, software or tools provided on by the Site.
- 15.3 We expressly exclude:
- 15.3.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- 15.3.2 any liability for any loss or damage incurred by you in connection with the use, inability to use, or results of the use of the Site and any websites linked to it;
- however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- 15.4 We shall not be liable to you for any loss or damage which is not a reasonably foreseeable result of your use of, or inability to use, the Site including but not limited to:
- 15.4.1 loss incurred by any third party;
- 15.4.2 loss of income or revenue; or
- 15.4.3 loss of profits.
- 15.5 In the event that Present.me are held liable by a court of competent jurisdiction, for any loss you suffer as a result of your use of, or inability to use, the Site, Present.me’s maximum liability to you will be limited to £100 if you have a Pro, Plus or Team Account or £20 if you have a restricted Free Account.
- 15.6 Nothing in these Terms shall exclude or restrict any liability for death or personal injury arising from the negligence of Present.me or for any liability which cannot be excluded or limited by law.
- 16.1 In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
- 16.2 These Terms and your use of the Site shall be governed by and construed in accordance with the laws of England. By using the Site, you accept that any dispute under these Terms or arising out of the use of the Website (including non-contractual claims or disputes) shall be subject to the exclusive jurisdiction of the English courts to which you submit.
- 16.3 You are responsible for complying with any applicable laws of the country from which you are accessing the Site.
17. Trial period, Billing and refund Policy
- 17.1 For the first 14 days after signing up for a Basic, Regular, Plus, Pro, Classroom, Business or Team account, your subscription is free and you can cancel at any time. After 14 days, your account will begin being charged for the annual or monthly subscription plan you have chosen. When you select the annual subscription, you pay for one year (12 months of service).
- 17.2 We offer monthly and annual subscriptions for the following subscription:
- and annual only for the following subscription:
- Your account will be automatically charged as appropriate in accordance with your selected subscription plan: once a month if you selected a monthly subscription and once a year if you selected an annual subscription. You can update your billing information at any time by visiting the Payment page of your account.
- You can cancel the subscription at any time and the cancellation will take effect with the next billing cycle, we do not provide refunds or partial refunds for any unused time of the service
18. Further Information
- 18.1 Further information on these Terms or any queries on them can be obtained from Presentme Ltd at: Unit R2, Rose Business Estate, Marlow Bottom, Bucks. SL7 3ND. Email: support@Present.me.