Terms and Conditions
SlidePresenter is a web-based solution from SlidePresenter, Inc. Kennedyallee 93, 60596 Frankfurt am Main (from now on referred to as “SlidePresenter”). It addresses, with the exception of the Integrated Sales Function (more on Sales Funciton in Paragraph 11) only entrepreneurial or freelance users 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. Users can upload presentations, such as PowerPoint slideshows 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 viewed in a browser, if the browser is connected to the internet. SlidePresenter delivers video files in a streaming format.
1. Field of Application
1.1 These Terms of Service 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 of Service also apply to future contractual relationships between the user and SlidePresenter, unless otherwise agreed.
1.2 SlidePresenter reserves the right to change the Terms of Service. SlidePresenter will inform the user about the changes in a timely manner and set aside a reasonable period of time to accept or reject the change. If the user does not object, the changes shall be deemed acceptable. SlidePresenter agrees to provide this information once again to the user separately.
1.3 In these, or other Terms of Service 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 “User” refers to any natural or legal person who uses SlidePresenter’s services. With the exception of the Sales Function (Paragraph 11) the users may only be people who use SlidePresenter in their commercial or professional 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 synchronization tool (Composer), 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.
3. SlidePresenter Users
3.1 The use of SlidePresenter requires the user to register. Only natural, of age, legally able persons are may register. If the user is not an individual, the registration must be done by an applicant who is an authorized representative. In this case, the representative (e.g. business manager, attorney) must be mentioned.
3.2 SlidePresenter reserves the right to create the user account depending on the full review of the information provided. Regardless of this, SlidePresenter does not guarantee the completeness or accuracy of the data. It is therefore not excluded that false information may be given for a user’s account.
3.3 A claim to terminate the agreement does not exist. SlidePresenter stores the user data and commits itself to be kept confidential in accordance with the Data Protection Act. Details are found in the Privacy Statement.
4. Conclusion of Contract
4.1 By submitting the application, the user submits a binding offer to conclude the user contract. The application can only be submitted and transmitted once the user accepts the Terms of Service by clicking on the “Accept Terms of Service” button. SlidePresenter then sends the user an automatic e-mail notification to the e-mail, in which the user is provided with the application of the user and the option is also given to print the document. This automatic confirmation only documents that the application for conclusion of contract was received by SlidePresenter and does not constitute acceptance of the application. The agreement will only be considered concluded once SlidePresenter issues a declaration of acceptance. This is subject to a review of the user data in a separate e-mail.
4.2 The user agrees to keep the password private and to protect against third party access (“duty to implement safety precautions”). Users 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.
4.3 Changes to personal data of SlidePresenter users must be reported immediately. SlidePresenter is not liable for any damages caused by unreported changes to personal user information.
5. Contract Duration, Minimum Duration, Termination
5.1 The minimum duration of the contract corresponds to the user-selected period in the initial chosen SlidePresenter package. Should the user choose to re-book a SlidePresenter package with a different term, the minimum term then corresponds to the new term.
5.2 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.
5.3 The contract may be terminated by either party on reasonable notice for any reason. A cancellation can only be made in with a written notice in the form of writing a letter, fax, email, or with the contact form in the support section of the SlidePresenter website, provided that this option is available.
6. Scope of Services
6.1 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 user or other users and nonusers (referred to in the following as Third Party) when the user or Third Party embeds a SlidePresenter player (embedded player).
6.2 The exact Scope of Services is based on the particular conditions of the user’s selected services.
The services differ primarily in the following features:
- Length of video for active/ published presentations
- Included security options (SSL encrypted data transfer)
- Setting limits for the broadcast of the program on SlidePresenter or the embedded player.
- Support level (e-mail, hotline, personal assistance)
The limits are considered comprehensive limits. They will be used for measuring all of the combined user streams of active presentations, regardless of whether they are embedded or not.
Active presentations are considered those that have been set by the user to be active, meaning they can be played outside of the account, for example, through an embedded code.
7. Granting of Rights
7.1 With the transfer of user content, the user grants SlidePresenter the following rights:
SlidePresenter is entitled to reproduce and store the user content and to and to make it available or visible to the public or third parties through the platform to the extent necessary to carry out the services.
SlidePresenter is entitled to make the user content from the SlidePresenter website publically available if the user approves this as a setting for their presentations. Furthermore, users can display content via embedded players on Third Party websites if the user approves this as a setting for their presentations. The customer agrees to this possibility. The user is aware that SlidePresenter cannot control the content of the pages where the user’s content is broadcast via embedded player. SlidePresenter does not assume any obligation towards the user to control such sites.
7.2 Regardless of the service, the user can revoke the granted rights by deleting the content.
7.3 The rights granted to SlidePresenter are worldwide and non-exclusive. The user 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).
8. Terms of Fees and Payment
8.1 Insofar as licence fees, prices and other remunerations are not individually agreed upon, the relevant current price lists of the Contractor at the time of conclusion of contract are binding. All prices are quoted exclusive of the legally applicable VAT. The invoice amount results from the sum of the prices for the individual services during the invoicing period along with other parts of contract agreed upon for the price calculation.
8.2 Payments to SlidePresenter may be made by credit card, cash advance, direct debit, or by invoice. In the case of invoicing, the balance is due immediately with no deduction.
8.3 SlidePresenter is entitled to terminate service for device users with payments in default without further notice. Further rights are unaffected.
8.4 Additional related delayed costs are the responsibility of the user. For each delay leading to an legitimate warning, a reminder fee of €5.00 will be incurred, the user will also be charged for any cancellation charges or fees imposed by the bank.
9. Termination Rights of SlidePresenter and Users
9.1 SlidePresenter may terminate the contract without notice and lock the user account due to gross misconduct of the user. Gross misconduct particularly includes:
- Providing false contact information
- Transfer of the user’s account
- Harming other users
- Violation of the other users’ or third parties’ rights, especially the violation of intellectual property rights, breaches of competition law, breach of copyrights or personal rights of third parties
9.2 Users can disable their user accounts anytime. The user must send a message to SlidePresenter to inform them via mail or e-mail. This does not affect the user’s duty to pay the fees for the agreed upon period.
10. Responsibility of Content
10.1 The user is solely responsible for its user 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 user’s service. This is especially true for interactive audience participation and streams that are created by Third Parties and that are implemented by the user.
10.2 The user agrees to comply with applicable laws, these Terms of Service, and good manners. In particular the user 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 user or Third Party, in particular because the content or files do not follow the format used in the aforementioned definitions;
- other users 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 user only offers user content, for which the user has publicly lawful approval to do so;
- no user 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.
10.4 The user 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 user content on SlidePresenter. The user is responsible for replacing costs due to necessary defense, including all court costs and legal fees at the legal rate. The user is required to immediately, truthfully, and completely examine all of the information required for the examination of claims and legal defense.
11. Use of the SlidePresenter Sales Function
11.1 SlidePresenter offers an integrated Sales Function, which provides users with the opportunity to offer their user content, made available on behalf of SlidePresenter, for sale to other users (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 user 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.
11.2 The respective remuneration is set by the user, who makes the content available to users.
11.3 The set fee entitles the buyer to retrieve the contents of a given user 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 users 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 user content.
11.4 The buyer is not entitled to store user content, mentioned in subparagraph 10.2.f.
11.5 SlidePresenter is entitled, if the user deletes the user 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.
12. Terms of Reference
12.1 SlidePresenter, Inc. is entitled to use the customer, in connection with a description and logo, as a reference.
13.1 SlidePresenter levies its users’ 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 user, SlidePresenter will only collect, process, or use the users’ inventory and usage data to the extent required for the execution of contracts and for the use and accounting of teleservices.
14.1 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.
14.2 If the customer signs a service contract, in which support is explicity included, the statements made herein are binding for SlidePresenter.
15. Guarantee and Liability
15.1 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.
15.2 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.
15.3 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.
15.4 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.
15.5 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.
16.1 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.
16.2 These Terms of Service and the entire legal relationship between the user and SlidePresenter fall under the law of the Federal Republic of Germany.
16.3 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.
16.4 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.