Slide.ly Terms of Service
The Slide.ly tools are provided by EasyHi Ltd. ("EasyHi", "Slide.ly" or, "us", "our", "we") for you to create slideshows, videos and mashups from photos, pictures, videos, and music provided or chosen by users through the Slide.ly website located at http://Slide.ly (the "Site"). These Terms of Service ("Terms") govern your access and use of the Site and all services available through the Site ("Services"). "You" means any adult user of the Site, or any parent or guardian of any minor whom you allow to use the Site and the Services, and for whom you will be held strictly responsible.
Slide.ly grants you a limited license to access and use the Site and Services subject to these Terms for your personal use only. This license does not allow you to make any commercial use of the Site or the Services. You acknowledge that Slide.ly may, in its sole discretion and at any time, discontinue providing any part of the Site or the Services without notice.
Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, have your parent's or guardian's permission to enter into this agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Site or Services does not violate any applicable law or regulation or any obligation you may have to a third party.
You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Slide.ly or EasyHi.
To create an account, you must select a username and password. Your username is your Slide.ly identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates these Terms and common practices. You may not provide false information during the registration process.
You should not reveal your password to other users. We will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not open an account again without express permission.
You agree to immediately notify Slide.ly of any unauthorized use of your Slide.ly account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Slide.ly or EasyHi will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Slide.ly and EasyHi harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to email@example.com that your account has been compromised, and have requested us to block access to it. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.
Termination of Account
You agree that Slide.ly may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any Content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of Slide.ly or EasyHi.
If Slide.ly believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior. You may request termination of your Slide.ly account at any time and for any reason by clicking here. http://slide.ly/user/terminate Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
Certain types of content may be made available through the Site or the Services. "Content" as used in these Terms means, collectively, all content on or made available on the Site or through the Services, including any photos, pictures, videos, slideshows, mashups, music and comments.
You are fully and solely responsible for any Content you submit or post to the Site, including all Content that you use to create any videos, slideshows or mashups. You represent and warrant that any such submitted Content complies with all applicable law, that you have all necessary rights to submit any such Content or to use any submitted Content to create any slideshow, video or mashup, and that no such Content infringes or violates any third party intellectual property rights or moral rights. If you submit to Slide.ly any Content from an account at a third party (such as from a Facebook account), you represent and warrant that you have all rights necessary to submit such Content for use with the Slide.ly services. Slide.ly has no obligation to accept, display, review or maintain any Content. Moreover, Slide.ly reserves the right to remove and permanently delete any Content, including any Content submitted by any user, without notice and for any reason. WE DO NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.
Slide.ly may choose at its sole discretion to monitor Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Slide.ly reserves the right to treat user Content as content stored at the direction of users for which Slide.ly will not exercise editorial control except when violations are directly brought to Slide.ly’s attention. Slide.ly has the right to edit, delete, distort, modify or move user Content from the Site, or Services without notice for any reason at any time. Additionally, Slide.ly has the right to refuse to transmit, email, post or broadcast any user Content without notice for any reason at any time.
Content on the Site comes from a variety of sources. You understand that Slide.ly is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to this Content. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to thereto. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
Content will be designated as "public" unless Slide.ly allows you to designate it as "private" and you actively designate such Content as "private". Please be aware that Content designated as public can be viewed by third parties without restriction. Please carefully select the type of information that you include in any Content. Do not post as "public" any private information or information you do not wish to be seen by others. We are not responsible for the use of any personal information that you disclose on the Service or through any Content.
Slide.ly may allow you to distribute any created videos, slideshows or mashups to your friends and users, or to post such Content through social media. You shall not use any illegal or inappropriate methods to distribute such Content, including by sending illegal or inappropriate messages or "spam". You represent and warrant that, if you post any Content to any social media, that you have all necessary rights and permissions to do so. If we allow you to comment using a third party "comment" service, you must abide by all the terms and conditions of such service.
Without limiting the foregoing, you agree that you will not transmit, submit or post any Content (including any comments) that: (1) Violates the legal rights of others, including defaming, abuse, stalking or threatening users; (2) Infringes (or results in the infringement of) the intellectual property rights, moral rights or other rights of any third party; (3) Is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (4) does not comply with all applicable laws, rules and regulations; (5) Publishes falsehoods or misrepresentations that may damage us or any third party; (6) Involves gambling activities, or the payment or acceptance of payments relating to gambling activities; (7) Imposes an unreasonably or disproportionately large load on our infrastructure; or (8) Posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
You may not do or attempt to do any of the following: (1) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the Site without our prior written authorization, including framing or mirroring any part of the Site; (2) Circumvent, disable, or otherwise interfere with security-related features of the Services or the Site or features that prevent or restrict use or copying of any Content; (3) Use the Site, Content or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site; (5) Use or access another user’s account or password without permission; or (6) Use the Site or Content thereon in any manner not permitted by these Terms.
Slide.ly and its licensors own the Site, including all worldwide intellectual property rights in the Site and Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site, Content or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Content or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of EasyHi, Slide.ly or any third party.
By submitting or posting any Content, you grant EasyHi and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, display, and perform such Content on, through or in connection with the Site or Services in any media formats and through any media channels in order to provide the services. In addition, in respect of all Content that is designated as "public", you allow EasyHi and Slide.ly to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content for any purpose and in any medium, including without limitation, for commercially promoting the Site and Services, as well as any other commercially available items on the Site.
The policy of Slide.ly is not to infringe or violate the intellectual property rights or other rights of any third party, and Slide.ly will remove material appearing on the Site that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), Slide.ly will remove any Content if properly notified of that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time.
If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting Rom Silvas, Easyhi Ltd, 1307 Elizabeth Avenue, Las Vegas, NV 89119, USA, email: firstname.lastname@example.org.
Slide.ly accepts no responsibility or liability for the content of any site included in any Content, or otherwise linked to by the Services, or for the user’s use of such Content. Slide.ly reserves the right to remove any Content without prior notice to you, any other user, or any third party.
Disclaimers & Disclaimer of Warranty
Your use of the Site, Content and Services is at your sole discretion and risk. The Site, Content and Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT, AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, CONTENT AND SERVICES; OR (II) THAT THE SITE AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND SERVICES. We are not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Services, or transmitted by any User, whether by users of the Services or by any of the equipment or programming associated with the Services. We take no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site or Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Content posted on or through the Site or Services, or from the conduct of any Users of the Site or Services, whether online or offline.
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.
Portions of the Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. The Site may also provide you with links to access the Sites of third party vendors or retailers including, without limitation, for the purpose of reviewing or purchasing items. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, Slide.ly cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. Slide.ly is not responsible for content or services available by means of such sites. Slide.ly does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.
You agree to indemnify, defend, and hold harmless Slide.ly and EasyHi and our respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Site or the Services, including any message or Content you transmit through the Site or Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.
These Terms shall be governed by the laws of the State of New York exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the state or federal courts in the State, City, and County of New York, United States of America, and you irrevocably consent to their jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Slide.ly must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and EasyHi or enables you to act on behalf of EasyHi. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.
We may at any time, without prior notice: (a) cancel any user account, or limit any user’s access to all or portions of the Site; (b) change or eliminate any component of the Site; (c) impose, remove, or change any fees or charges for use of the Site or any feature thereof (including, without limitation, by changing the manner in which fees are calculated); and (d) assign any and all of our rights under these Terms to any other entity. These Terms will bind and inure to the benefit of each party’s permitted successors and assigns. We may elect to keep archives of all or parts of the Site, but we cannot guarantee that anything available on the Site, or any records or information relating to the Site, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.
Nothing contained in these terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are for the benefit of Slide.ly and EasyHi (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. These Terms supersede any prior agreements with regard to your use of the Site.
March 26, 2012