Terms and Conditions
of SlidePresenter Inc., Sternstr. 168, 67063 Ludwigshafen for the Software-as-a-Service „SlidePresenter“. As of:16.08.2016*
SlidePresenter is a web-based solution from SlidePresenter, Inc. Sternstr. 168, 67063 Ludwigshafen (from now on referred to as “SlidePresenter”). It addresses only entrepreneurial or freelance customers who are not consumers within the meaning of § 13 BGB. At http://www.slidepresenter.com there are various free and paid services provided for the creation, delivery, and playback of multimedia presentations in a standardized format. Customers can upload presentations, such as Office documents, PowerPoint slideshows, audio files or video presentations to the platform. From there, the files can be modified, for example, PowerPoint presentations can be combined with video. Depending on demand, additional data, such as a table of contents, hyperlinks, captions, and information about the presentation, including speaker and topic, may be added.
The result and provision of the presentation will be presented using the SlidePresenter player, which can be integrated in in many systems, websites and other provision interfaces and viewed in browsers connected to the internet. SlidePresenter delivers video files in a streaming format.
1. Field of Application
1.1 These Terms and Conditions completely govern the contractual relationship between the parties for the use of SlidePresenter. Conflicting terms and conditions are only part of the contracts between parties if SlidePresenter gives written consent. They are also not part of the contract if SlidePresenter services are executed unconditionally with knowledge of differing conditions. These Terms and Conditions also apply to future contractual relationships between the customer and SlidePresenter, unless otherwise agreed.
1.2 SlidePresenter reserves the right to change the Terms and Conditions. SlidePresenter will inform the customer about the changes in a timely manner and set aside a reasonable period of time to accept or reject the change. If the customer does not object, the changes shall be deemed acceptable. SlidePresenter agrees to provide this information once again to the customer separately.
1.3 In these, or other Terms and Conditions set by SlidePresenter, the dates or timeframes are based on Central European Time (CET). Daylight Savings Time is not considered.
2. Definitions of Terms
2.1 “Customer” refers to any natural or legal person who uses SlidePresenter’s services. Customers may only be people who use SlidePresenter in their commercial or freelance activities and may not be consumers with regard to § 13 BGB.
2.2 “Service” means any provision of files, regardless of their size and content, as well as the delivery of video files as streaming services via the SlidePresenter platform, as well as the provision of all related services such as the recording tool, synchronization tool or other tools of the player and all other services of SlidePresenter.
2.3 “User content” refers to all of the files and data uploaded to SlidePresenter, regardless of type or format.
2.4 “Account” is a customer account, to which only the customer has access to and where all the administration of production and management of the produced content take place. One customer can have several accounts.
2.5 “Packages” is a package offer from SlidePresenter with a clearly defined scope of services and monthly price.
2.6 „Viewer“ is a person who watch learning and knowledge contents but who has neither administrative rights nor access to an account.
3. Contract Conclusion/Access data
3.1 After ordering a SlidePresenter package in written form, the customer will receive an e-mail from SlidePresenter with access data to the account which is contained in the package. If there is no separate confirmation of the order acceptance, the e-mail with access data count as order confirmation by Slide Presenter. If the customer already has a test account before the order, there won’t be any new account assignment. The previous access data will remain unchanged and the test account will be shifted to a regular customer account.
3.2 Once a password is provided from SlidePresenter, the customer is obligated to change the initial password and agrees to keep the password private as well as to protect it against third party access (“duty to implement safety precautions”). Customers are liable for all damage caused by a violation of the SlidePresenter duty to implement safety precautions”. The password may be requested again if lost.
4.Contract Duration, Minimum Duration, Termination
4.1 The contract becomes valid as soon as SlidePresenter receive the order, unless otherwise agreed. The contract is automatically extended by the minimum term agreed in the contract, if no termination takes place.
4.2 The minimum term of the contract corresponds to the customer-selected period in the initial chosen SlidePresenter package. Should the customer choose to re-book a SlidePresenter package with a different term, the minimum term then corresponds to the new term.
4.3 The period of notice for a booked SlidePresenter package is equivalent to 30 days from the end of the minimum term. Should a contract not be terminated within that period, then the term of the contract is automatically extended by the minimum term.
4.4 The contract can be terminated in accordance to the period of notice by either party without giving any reasons. A cancellation can only be made in written form via letter, fax or e-mail.
5. Scope of Services
5.1 SlidePresenter offers the possibility to broadcast streaming video with synchronized media content (e.g. PowerPoint files) on a player on the SlidePresenter Website. Furthermore, the presentations may be streamed or broadcast on websites of the producing customer or other customers and noncustomers (referred to in the following as Third Party) when the customer or third party embeds a SlidePresenter player (embedded player).
5.2 The exact Scope of Services is based on the particular conditions of the customer’s selected services.
The services differ primarily in the following features:
- Length of video for active/ published presentations
- Number of accounts
- Included security options (SSL encrypted data transfer, IP-restrictions, etc.)
- Support level (e-mail, hotline, personal assistance)
The limits are considered comprehensive limits. They will be used for measuring all of the combined customer streams of active presentations, regardless of whether they are embedded or not.
Active presentations are considered those that have been set by the customer to be active, meaning they can be played outside of the account, for example, through an embedded code.
6. Granting of Rights
6.1 With the transfer of customer content, the customer grants SlidePresenter the following rights:
The preparation of customer content for the provision on all major devices (smartphones, tablets, PC, etc.) and different browsers (e.g. Internet Explorer, Firefox, Chrome, Safari) and operating systems (Windows, Linux, Mac, etc.) requires copying, reproducing, storing and converting of the customer content in different formats. SlidePresenter is entitled to do this to the extent that is necessary to carry out those services.
Furthermore, customers can display content via embedded players on Third Party websites if the customer approves this as a setting for their presentations. The customer approves the consequences of this possibility. The customer is aware that SlidePresenter cannot control the content of the pages where the customer’s content is broadcast via embedded player. SlidePresenter does not assume any obligation towards the customer to control such sites.
6.2 Regardless of the service, the customer can revoke the granted rights by deleting the content.
6.3 The rights granted to SlidePresenter are worldwide and non-exclusive. The customer is also entitled to use their content on their own, taking responsibility, outside of SlidePresenter. SlidePresenter can transfer the granted rights to Third Parties to perform the services within the granted scope if it is necessary for the full performance of services (under license).
7. Terms of Fees and Payment
7.1 If license fees, prices and other fees are not individually agreed, the current price lists at the time of the contract conclusion are valid. All prices are subjected to value added tax. The invoice amount consists of the sum of the individual services in the billing period as well as other components that was agreed for the price calculation.
7.2 Payments to SlidePresenter for SlidePresenter packages are made in advance after invoicing, unless otherwise agreed. The balance is due immediately with no deduction.
7.3 If the customer is in delay with his/her payment obligations and the final deadline in written form for balancing it of 4 weeks has passed, SlidePresenter is entitled to block any services of the customer without further notice. Further rights are unaffected.
7.4 Additional related delayed costs are the responsibility of the customer. For each delay leading to a legitimate warning, a reminder fee of €50.00 will be incurred, the customer will also be charged for any cancellation charges or fees imposed by the bank.
8. Termination Rights of SlidePresenter and Customers
8.1 SlidePresenter may terminate the contract without notice and lock the customer account due to gross misconduct of the customer. Gross misconduct particularly includes:
- Transfer of the customer’s account
- Harming other customers
- Violation of the other customers’ or third parties’ rights, especially the violation of intellectual property rights, breaches of competition law, breach of copyrights or personal rights of third parties
8.2 Customers can disable their customer accounts anytime. For this purpose, the customer need to send a message via mail or e-mail to SlidePresenter. This does not affect the customer’s duty to pay the fees for the agreed upon period.
9. Responsibility of Content
9.1 The customer is solely responsible for its customer submitted content such as streaming video, photographs, presentations, essays, etc., and for their conduct on SlidePresenter. In relation to SlidePresenter, content provided by others will also be available, but will be broadcast through the customer’s service. This is especially true for interactive audience participation and streams that are created by Third Parties and that are implemented by the customer.
9.2 The customer agrees to comply with applicable laws, these Terms of Service, and good manners. In particular, the customer agrees that:
- no content or files will be transferred on or over SlidePresenter, whose reproduction is a violation of copyright, trademark, or other intellectual property rights, breaches of competition law, or violation of personal rights or rights of Third Parties;
- no content or files will be transferred on or over SlidePresenter, that contains software, applications, programs, or viruses, including data that may cause damage or affect the function of the hardware and software of SlidePresenter or any customer or Third Party, in particular because the content or files do not follow the format used in the aforementioned definitions;
- other customers and Third Parties are not insulted, slandered, damaged, or harassed in any way;
- the use of personal information obtained through the platform, such as names, email addresses, and the like are subject to applicable laws, especially competition and data protection laws;
- SlidePresenter may not be used for content that is pornographic, harmful to minors, Nazi, violent, racist, or similarly offensive;
- the customer only offers customer content, for which the customer has publicly lawful approval to do so;
- no customer content is published, recycled, publicly reproduced, copied, distributed, maintained, listed, shown, made publically available, transmitted, retransmitted through audio or video recording, or presented in the form of edited or altered manners without the permission of the copyright holder.
9.4 The customer releases SlidePresenter from all Third Party claims, which may infringe on their rights including privacy, copyright, licensing, competition, or other proprietary rights, and is responsible for claims based on the applicable customer content on SlidePresenter. The customer is responsible for replacing costs due to necessary defense, including all court costs and legal fees at the legal rate. The customer is required to immediately, truthfully, and completely examine all of the information required for the examination of claims and legal defense.
10. Use of the SlidePresenter Sales Function
10.1 SlidePresenter offers an integrated Sales Function, which provides customers with the opportunity to offer their customer content, made available on behalf of SlidePresenter, for sale to other customers (buyers). This Sales Function is open to consumer law i.S.d. § 13 BGB. The contract partner of the consumer is considered to be SlidePresenter. The customer agrees to hold all the necessary rights to the use of the content the post and upload to SlidePresenter for the purpose of further transmission to the respective buyer. Subparagraphs 7 and 10 remain unaffected.
10.2 The respective remuneration is set by the customer, who makes the content available to customers.
10.3 The set fee entitles the buyer to retrieve the contents of a given customer for a specific period of time as a streaming service on the SlidePresenter platform. The viewing period is limited to 2.5 times the length of the customer content (1 hour of presentation may be viewed for 2.5 hours total). However, the buyer may browse this content as often as they would like until the cumulative viewing period equals 2.5 times the length of the customer content.
10.4 The buyer is not entitled to store customer content, mentioned in subparagraph 10.2.f.
10.5 SlidePresenter is entitled, if the customer deletes the customer content (subparagraph 7.2), to credit the buyer who paid, but has not used the purchased period, for the duration of two years from the deletion. A refund of the purchase price is excluded.
11. Terms of Reference
11.1 SlidePresenter, Inc. is entitled to use the customer, in connection with a description and logo, as a reference.
12.1 Personal data in terms of §3 BDSG of reviewers will not be saved by Slide Presenter.
12.2 SlidePresenter levies its customers’ information in the context of the development of contracts. SlidePresenter observes the provisions of the Federal Data Protection Act and Telemedia Act. Without the consent of the customer, SlidePresenter will only collect, process, or use the customers’ inventory and usage data to the extent required for the execution of contracts and for the use and accounting of teleservices.
12.4 The order data processing is within a EU / EEA cloud and only on behalf of and under the direction of the customer.
13.1 SlidePresenter offers voluntary support, which the user is not required to use. SlidePresenter is therefore not responsible for the availability or accuracy of the support.
13.2 If the customer signs a service contract, in which support is explicity included, the statements made herein are binding for SlidePresenter.
14. Guarantee and Liability
14.1 Claims by users for compensation are excluded. This does not include claims for damages arising from injury to life, limb, health, or from the violation of essential contractual obligations, nor the liability for other damages based on an intentional or grossly negligent breach of SlidePresenter, its legal representatives, or agents. Essential contractual obligations are those, which are necessary to achieve the objective of the contract.
14.2 For cases where there is a substantial breach of the essential contractual duties, SlidePresenter is only liable to the typical, foreseeable damage if it was simply caused by negligence, unless it is related to damage claims by SlidePresenter for injury to life, limb, or health.
14.3 SlidePresenter is not liable for damage resulting from a data transmission error, data loss, or incorrect picture of a database entry, unless they are based on intentional or grossly negligent behavior on the part of SlidePresenter or legal representatives or agents of SlidePresenter.
14.4 It should be noted that at the current time, systemic disorders may occur. A guarantee in the legal sense, or general availability of the platform cannot be assumed. Nevertheless, in case of optional and in return for payment additional agreements, SlidePresenter can take care of individual defined service-level.
14.5 The removal of defects and performing maintenance may make it necessary to interrupt the accessibility of the platform. In this case, SlidePresenter will notify users if possible.
15.1 If any provision of these Terms of Service is invalid or unenforceable, a valid or enforceable provision that replaces the rationale of the invalid or unenforceable provision will be put in place and remain in effect.
15.2 These Terms of Service and the entire legal relationship between the user and SlidePresenter fall under the law of the Federal Republic of Germany.
15.3 For all liable legal persons, public funds and traders, the place of jurisdiction for all legal disputes is Frankfurt am Main. The same applies to users who have no general jurisdiction in Germany.
15.4 SlidePresenter is entitled to transfer, in whole or in part, the rights and obligations of the contract. The user will be informed one month before the transfer of SlidePresenter, they can object to the transfer by informing SlidePresenter. The objection has the effect that the license agreement will be terminated as soon as possible.