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.
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
4. Order Processing
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
5. Returns and Cancellations:
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.
Tracking of Sales: We will track sales made to customers who
pay a fee to view a presentation.
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.
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.
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.
7. Limited License
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.
8. General Provisions
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.