Terms of Services
Last Updated November 8, 2007
This term of Service (“agreement”) constitutes a legally binding agreement between you and Showbeyond.Com, Inc. (“Showbeyond”), owner and operator of the website located at http://www.showbeyond.com(“site"), which provides online services of creation and hosting of slidecast (“services”). By registering to Showbeyond and continuing to use the service you assent to the terms of this agreement, which may be amended from time to time without prior notice. Your failure to adhere to the terms and obligation included herein shall constitute a beach of the agreement, which may result in termination of your account and deletion of all your content at Showbeyond’s sole discretion.
Unless terminated by Showbeyond, this agreement will remain in full force and effect while you use the services. However, you may terminate this agreement at any time by ceasing to use the service.
In addition to the terms of the agreement, operation of the site is also governed by our Privacy Policy. Acceptance of this agreement also constitutes acceptance of our Privacy Policy.
Eligibility and RepresentationsYou are at least 13 years old, if you are less than 18 years old, you need have the permission of your parents or legal guardian to use the service. If you are not at least 13 years old, please discontinue using the services immediately.
Prohibited ContentYou may not (and will not allow any third party to) post or link to any material or content which is libelous, defamatory, obscene, profane, sexually explicit, threatening, invasive of a person's privacy or otherwise violation of any law, or constitutes an infringement, misappropriation or violation of the intellectual property, publicity or other proprietary rights of any person or entity.
IndemnityYou agree to indemnify and hold Showbeyond (and any employee, officer, and director) harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the site or service, the violation of the agreement by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any content posted on the site by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against Showbeyond or any Showbeyond person. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the services.
CopyrightShowbeyond does not claim any copyright or other ownership in any material or content uploaded by you onto the site, other than solely to provide the services to you and others, to market the service and/or the site, to illustrate the operation of the service and/or the site.
Right of ShowbeyondShowbeyond has the right to refuse registration of, or cancel your user account and/or username in its discretion for any reason or for no reason. Any content that has been uploaded onto the service may be deleted at such time without notice to you.
Showbeyond has the right to make changes to the agreement, its Privacy Policy, or the service at any time without prior notice. Such modifications will be effective no later than the time such the new terms are posted or otherwise implemented on the site.
Showbeyond own and retain all proprietary rights in the site, and services, and all associated software, content and material. The site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Showbeyond has no responsibility for the statements in any message, content or other material posted on or through the site by any user. If Showbeyond receives notice that an item on the site is an infringing posting or a prohibited posting and determine such item is an Infringing posting or a prohibited posting, we will remove all or a portion of such items as soon as possible.
If you believe that any material on the site constitutes an infringing posting or a prohibited posting, please notify Showbeyond as soon as possible by sending an email to abuse@showbeyond.com,
Showbeyond exempt from liability to any person for any claim based upon its good faith disabling of access to or removal of material it believes, in its sole discretion to be an infringing posting or a prohibited posting, regardless of whether the material ultimately is determined to be infringing or otherwise prohibited, provided that Showbeyond complies with certain procedures under federal law. By using the service, you agree that notice to you through an email to the email address you provided in your profile constitutes reasonable efforts to notify you of any removal or disabling.
Showbeyond reserves the right to reveal whatever information we know about you in the event of a complaint or legal action arising from any message or other content posted by you. Showbeyond may log all internet protocol addresses accessing the site and other information about users' access, and maintain backup copies of content indefinitely.
The site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
SecurityShowbeyond uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded to the site or collected by Showbeyond in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party “hackers” from illegally accessing our site and obtaining access to content or information thereon.
LimitationsThe service is provided by Showbeyond on “as is” basis. Showbeyond make no representation or warranties of any kind as to the operation of the site or software or content or products included on site.
The service may be temporarily unavailable from time to time for maintenance or other reasons. Showbeyond shall not be liable for any failure of the site or service. You agree that Showbeyond shall not be liable to you for any loss of material, content, or any modification, suspension or discontinuance of the service.
Showbeyond will not be liable under any theory of law, for any indirect, incidental, punitive, and/or consequential damages, including but not limited to loss of profits, business interruption, and/or loss of information or data.