Terms & Conditions
REVISED MARCH 2015
1. Introduction. These Terms and Conditions (these “Terms”) apply to the use of (a) the website located at www.buyandsellpresentations.com and all corresponding web pages and websites associated with the foregoing URL (the “Website”); and (ii) any other content, applications, features, functionality, information, and services offered by us through the Website (together with the Website, the “Service”). The Service is brought to you by Terry Presentations Enterprises, LLC (“Terry”). References to “we”, “our”, and “us” are references to Terry. The term “you”, “your” or “user” refers to all individuals and/or entities accessing the Website for any reason. The term “buyer” refers to any user who buys a Material (as defined below) through the Website, and the term “seller” refers to any user who sells a Material (as defined below) through the Website. By using the Website, you indicate your acceptance to be bound by these Terms.
The Service is intended for adults only. You must be 18 years or older to use the Website.
2. Description of Service. The Service provides users with various online features, functionality, information, services, and resources, including the ability for users to buy and sell quality PowerPoint presentations, support materials, audience handouts, roleplays, case studies, and facilitator guides, among other items (each, a “Material,” and collectively, the “Materials”). The Materials are presented in a digital format and, when purchased (or downloaded from the free Materials section), can be immediately downloaded. We do not own any of the Materials. Rather, such Materials are owned and offered for sale by the user who makes them available by posting them to the Website. It is solely the responsibility of each user to manage his/her Materials, pricing, and content.
3. Our Proprietary Rights. We are the owner or the licensee of all copyright, trademark right, and/or intellectual property rights in the Website and the Service (our “Proprietary Information”). You agree not to display or use in any manner any of our Proprietary Information without our express written consent. You acknowledge and agree that any content contained in sponsor advertisements, if any, is protected by third-party copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
No material from the Website may be copied, reproduced, republished, resold, uploaded, transmitted, or distributed in any way except that you may download your purchased (or free) copy of the Material(s) on any single computer for your use for non-commercial purposes only for audience presentations, training sessions, and professional meetings and discussions; provided, however that you must keep intact all copyright and other proprietary notices. The use of any Material(s) on a networked computer environment is prohibited.
4. Confidential Information. You acknowledge that any confidential information (as defined below) that you obtain through the entering into of these Terms and the use of the Service constitutes the valuable, confidential, proprietary information of Terry and its licensors, and you agree that, during the term of your use of the Service and thereafter, you will not use or disclose to any person any such confidential information, except as expressly authorized under these Terms and as required by applicable law. For purposes of this section, “confidential information” means any and all data, information, documents, software, or materials relating to the business and management of Terry, its users and members, affiliates, licensors, or licensees, that is designated as confidential or ought reasonably to be considered confidential, including, but not limited to, their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade secrets, training materials, personnel, clients, and methodologies.
The registration process on the Website may involve your giving a password and account information. You are responsible for maintaining the confidentiality of the password and account. You are fully responsible for all activities that occur under your password or account. You must immediately notify us of any unauthorized use of your password or account, and you must ensure that you properly exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these obligations.
When registering on the Website or otherwise providing any information in connection with the Service, you acknowledge and agree that is it your responsibility to supply accurate, current, and complete information. You also agree to update your information to keep it accurate, truthful, current, and complete. If you provide inaccurate, untrue, or incomplete information, or if we have reason to think your information is inaccurate, untrue, or incomplete, we may immediately cancel your account and membership without notice.
6. No Agency. Any interactions between any persons visiting or using the Website, including the purchase of, sale of, payment for, refunds, and/or delivery of any Materials, are solely between those persons and do not involve our acting on behalf of any party. You understand, acknowledge, and agree that we are not the agent or representative of any user for any purpose, and that we are not responsible for any loss or damage incurred as the result of any such dealings between users. You hereby forever release and discharge us from any and all claims, demands, or damages of any kind arising from or relating to your visiting the Website or using of the Service. Nothing in these Terms may be construed to establish a partnership, joint venture, agency or master/servant relationship between you and us.
7. Taxes. You agree that you are solely and fully responsible for any and all federal, state, or local taxes, including sales taxes, that apply to sales or purchases you make in connection with the Service, and you agree to indemnify and hold us harmless from and against any and all tax liabilities arising therefrom.
8. Transfer of Title. We do not transfer legal title or ownership of Materials between sellers and buyers, and nothing in these Terms shall modify the applicable provisions of Uniform Commercial Code, which provide that, unless otherwise explicitly agreed between a seller and a buyer, legal title to a purchased item transfers to the buyer upon physical delivery of the item to the buyer from the seller. Accordingly, unless a buyer and seller agree otherwise, legal ownership to any Material passes to the buyer upon the physical delivery of such item from the seller to the buyer.
9. Representation and Warranties. When you submit a Material to the Website, you are representing warranting, and agreeing that (i) you are the original author or such Material; (ii) no third party has any right in or to such Material; (iii) you retain ownership of any copyright you claim to your Material; (iv) you control the copyright licenses granted to a buyer of your Material, and it is your responsibility to give notice to buyers of the terms under which you offer your Material; and (v) absent specific terms to the contrary expressed by you in the license under which your Material is offered, nothing limits the existing rights of buyers under the Copyright Act (17 U.S.C. 101, et seq.), including, but not limited to, those rights under Sections 110(1) (classroom teaching), 110(2) (distance learning), or 107 (fair use) thereof.
10. License. Notwithstanding anything to the contrary contained herein, by making your Material available on the Website, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide, sub-licensable right to exercise any copyright, trademark rights, publicity rights, and/or database rights you have in the Material, in any media now known or later developed, solely as reasonably necessary to make the Material available through the Service and the Website. If you cancel your membership with us and/or remove your Material from the Website, this license will be considered revoked. However, we will make Material that you have sold prior to cancellation of your membership available to those who have purchased such Material prior to your cancellation of your membership
11. Code of Conduct. In using the Service, you agree to all the following: (i) you will not attempt to, or assist any other person to, circumvent or modify any system, security technology, or other software that is part of the Service; (ii) you must be a registered user to buy and/or sell any Material through the Website or download free materials; (iii) you must have a user name and password; (iv) you are responsible for all activity that occurs under your user name; (v) you are responsible for your conduct and any Material or content that you submit on the Website, or that is submitted under your user name: (vi) you will not make available any Material or content that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (vii) you will not violate any federal, state, or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws); (viii) you will not make available to any user any unsolicited or unauthorized advertising, promotional materials, junk mail, multi-level marketing schemes, or any other form of solicitation; (ix) you will not use automated means such as robots, crawlers, data mining tools or similar tools to download data from the Website except for search engines and non-commercial archives that comply with our robots.txt file; (x) you will not use the Website for any illegal or unauthorized purpose; (xi) you will not illegally amass personal information about members or visitors for commercial or unlawful purposes; (xii) you will not transmit any type of malware, viruses, or spyware, or any other destructive code; (xiii) you will not impersonate any person or any of our employees or any user, or falsely state or otherwise misrepresent your affiliation with a person or entity; (xiv) you will not obstruct or impede the pricing of Materials of other user’s listings; (xv) you will not transmit email or any other content that is false or deceptive, including personal or identifying information about another person without that person’s consent; (xvi) you will not advertise illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law; (xvii) you will not use deceptive email or IP addresses or manipulated identifiers with the purpose of disguising where the original content was transmitted from; and (xviii) you will not upload any stolen products/materials or products/materials that infringe on a copyright, trademark or other proprietary rights of others or that violate any rights of privacy or publicity.
12. Disclaimers. You understand, acknowledge, and agree to the following: (i) We are not responsible for any content, information, or Materials posted by users on the Website; and (ii) you assume all risks associated with the exposure to and/or use of any of the Materials, information, or content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Materials, information, or content. You understand, acknowledge, and agree that we have the sole discretion and right, but not the obligation, to pre-screen and/or monitor Materials or content uploaded on the Service, and that in our sole discretion we may remove or edit any Materials, content, or information, along with any thread or posting in any chat room and/or similar feature on the Website.
YOU AGREE THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF THE WEBSITE AND THE SERVICE PROVIDED BY US SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICE, AND YOUR ACCESS TO AND USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTIES OR REPRESENTATIONS (a) ABOUT THE CREDIBILITY OF THE USERS OF THE SERVICE; (b) THAT USERS WILL PERFORM AS PROMISED; (c) ABOUT THE TRUTHFULNESS, ACCURACY, OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE; (d) ABOUT THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, PRICING, DELIVERY, SECURITY, OR SAFETY OF ANY MATERIALS, PRODUCTS OR CONTENT LISTED FOR SALE ON THIS SERVICE; OR (e) ABOUT ANY DESCRIPTIONS OF MATERIALS OR PRODUCT LITERATURE.
13. External Sites. The Service contains links to other websites or resources owned and/or operated by third parties with whom we have no relationship (“External Sites”). We have no control over External Sites and resources. Accordingly, you understand, acknowledge, and agree that we are not responsible for the accuracy of information contained on External Sites.
15. Limitation of Liability. YOU AGREE THAT WE, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF THE SERVICE, OR YOUR INABILITY TO ACCESS OR USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MATERIALS, TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (IV) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES; THEREFORE, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. ACCORDINGLY, IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE LESSER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100.00).
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT BY ACCESSING AND USING THE SERVICE AND AGREEING TO THESE TERMS, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
16. Termination. We reserve the right to immediately suspend or terminate your account and access to the Website and the Service, without prior notice or liability, for any reason. You may also terminate your account at any time for any reason. Certain provisions of these Terms will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
17. General Provisions. If any provision of these terms or any portion hereof is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of these Terms will not in any way be affected or impaired. A waiver by us of our rights hereunder is not binding unless contained in a writing signed by an authorized representative of Terry. The non-enforcement or waiver of any provision on one occasion does not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing. These Terms shall be construed in accordance with and governed by the law of the State of Ohio (without regard to principles of conflict of laws), including the application of any applicable statutes of limitations. Any action, suit or proceeding brought by any party with respect to these Terms shall be brought by such party exclusively in the courts of the State of Ohio located in Hamilton County, Ohio, or in the courts of the United States for the Southern District of Ohio, Western Division. EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS.