Pay-to-View Presentation Terms and Conditions Agreement for Buyers

This Agreement contains the Terms and Conditions applicable to an individual up for a pay-to-view presentation on PowerShow.com, (the "Program"). As used in this Agreement, "we", "us" or "our" refers to CrystalGraphics. "You" or "your" refer to the participant in the program. "Pay-to-view presentation" shall mean a presentation for which a fee is collected before the individual can view the entire presentation. "Participant" shall mean a PowerShow.com user who has signed up and paid the fee for a pay-to-view presentation. All dollars ($) shall mean United States dollars.

1. An individual who signs up for a pay-to-view presentation has access to the presentation for 1 year. Access is for that individual only. CrystalGraphics may limit the number of times a presentation can be viewed.

2. Pay-to-view presentations cannot be resold, traded, or shared with others. They are for the sole use of the individual who signed up.

3. Suitability

We hold the right to terminate your access to the presentation if we determine that the presentation is being used in an unsuitable way. The following are considered to be cases of unsuitable usage:

  • Resale of the presentation or of viewing rights.
  • Distribution of the presentation or its main contents.
  • Use of presentation to promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Use of presentation to promote unlawful activities
  • Use of bulk e-mail or "Spam" in conjunction with the presentation.
  • Violating intellectual property rights


4. Order Processing
  1. Order Processing: We will be responsible for processing every order placed by a customer who pays the fee to view presentation. Those responsibilities include order forms, payment processing, shipping, cancellations, returns and related customer service. Our rules, operating procedures and policies regarding customer orders and accounts apply to orders we receive. We may use an order processing service, such as PayPal, to process the orders. We reserve the right to reject any order for any reason, including any order that does not comply with our rules, operating procedures and policies or that violates applicable law.
  2. Tracking of Sales: We will track sales made to customers who pay a fee to view a presentation.
  3. CrystalGraphics Policy Applies to All Orders: Every customer who pays a fee through this program is deemed to be a customer of CrystalGraphics. All of our policies regarding customer orders, including availability and problem resolution, will apply to these customers. We are not responsible for any representations made in the description of the presentation which conflict with our policies.
  4. Privacy of information. CrystalGraphics will take measures to keep information collected during the ordering process private and secure. We will never rent, sell, or give this information to other companies or people. We may use an order-processing service ( like PayPal) to process orders.


5. Returns and Cancellations:

CrystalGraphics will consider returning all or a portion of the fee on a case by case basis.



6. Responsibility for the presentations you sign up for.

You will be solely responsible for how you use the presentations that you sign up for. CrystalGraphics is not responsible for the accuracy or appropriateness of the descriptive information or the content of the presentation, as this information is provided by the person who uploaded the presentation. And CrystalGraphics shall not be held liable for presentations that violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights) and for ones that are libelous or otherwise illegal.

  1. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the content or descriptive of presentations which you sign up for.


7. Limited License
  1. We grant you a non-exclusive, revocable right to participate in the Program. We reserve all of our rights in the PowerShow.com website and any of our trade names, trademarks and copyrights and all other intellectual property rights. We may revoke your license at any time by giving you written notice. Upon cancellation or termination of this Agreement, you agree to cease using all material created by PowerShow.com.


8. General Provisions

Website Service Interruption: CrystalGraphics will make every effort to keep its Website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. You agree not to hold us liable for any of the consequences of such interruptions.

  1. Term of the Agreement: This term will begin on the date that you pay the fee for a pay-to-view presentation and shall end when canceled or terminated by either party as provided below. Unless otherwise canceled or terminated, the Agreement will be for one (1) year.
  2. Modifications: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new Agreement on our site. Modifications may include, for example, changes in the number of times a presentation may be viewed, the number of IP addresses it can be viewed from, and program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
  3. Effect of Termination: Upon termination or expiration of this Agreement, Participant shall have no right or license to use the CrystalGraphics trademarks, copyrights, etc. in any manner. CrystalGraphics shall have no obligation to pay Participant any fees or refunds after the expiration or termination of this Agreement for any reason. All provisions of this Agreement which by their nature are intended to service the expiration or termination of this Agreement shall survive and remain in full force and effect.
  4. Cancellation of This Agreement: Either party may choose to cancel or terminate this Agreement at any time and for any reason by written notice of cancellation or termination to the other. Cancellation by you does not mean that the fee will be refunded.
  5. WARRANTY DISCLAIMER: WE MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS WITH REGARD TO THE PROGRAM OR ANY PRODUCTS SOLD THEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
  6. LIMITATION OF DAMAGES: WE SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM SHALL IN NO EVENT EXCEED THE TOTAL COMMISSION FEES PAID OR PAYABLE BY US TO YOU UNDER THIS AGREEMENT.
  7. Independent Contractors: You are an independent contractor and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship with us.
  8. Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, excluding its conflict of laws principles. Any lawsuit relating to this Agreement must be brought in the federal or state courts located in Santa Clara, California.
  9. Headings. The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of this Agreement.
  10. Assignment. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent from CrystalGraphics. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and enforceable against the parties and their respective successors and assigns.
  11. Waiver: Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
  12. Independent Investigation: You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
  13. Free to Contract with Others: You understand that we may at any time offer the presentation you signed up for on terms that may differ from those contained in this Agreement or on terms which may differ from those in effect when you signed up.


9. ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS: BY CHECKING THE BOX ON THE WEB PAGE THAT YOU HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ALL ITS TERMS AND CONDITIONS.