Last Updated: May 30, 2016
KnowledgeVision Systems, Inc. (“KVSI,” “We,” ,”Our” or “Us”) offers an online presentation sharing platform known as “Present-It.com” through its website located at www.Present-It.com. By registering as a user or by using or posting content to Present-It.com, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and KVSI. If you do not wish to be bound by this Agreement, do not use Present-It.com.
AGE REQUIREMENT: You must be at least 14 years old to use Present-It.com. If you are at least 14, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use Present-It.com. Please have your parent or legal guardian read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use Present-It.com, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of Present-It.com. If your child is using Present-It.com and is either under 14 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether Present-It.com is appropriate for your child, please contact us.
WARNING TO USERS UNDER AGE 21: Even if you are old enough to use Present-It.com and/or have your parent’s or guardian’s permission, some of the content available within Present-It.com may not be appropriate for you. Some content may contain “Adult” material, nudity, profanity, and mature subject matter. If you are under age 21, do not view such content.
LICENSE: We grant you a limited, non-exclusive license to access and use Present-It.com for your own personal use. This includes the right to view content available on the Present-It.com. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Us in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Our Service or any source code therein. Nor will you attempt to circumvent any of Our technical measures or take any measures to interfere with or damage Our Service. All rights not expressly granted by Us are reserved.
REGISTRATION: To contribute video or presentation content to Present-It.com, you must register as a member by providing a user name, password, and a valid email address. You must provide complete and accurate registration information to Us and notify Us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using Present-It.com. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
TERM: This Agreement begins on the date you first use Present-It.com and continues as long as you have an account with us or continue to visit Present-It.com.
ACCOUNT DELETION: Present-It.com or Knovio accounts may be deleted if they remain inactive (i.e., the user fails to log in) for a continuous period of at least twelve (12) months.
TERMINATION FOR BREACH: We may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if We determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage Our reputation and goodwill. If We delete your account for the foregoing reasons, you may not re-register for Present-It.com or Knovio. We may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Us will terminate. Sections 6 and 11 through 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. We shall not be responsible for the loss of such content.
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) to Present-It.com that:
In using Present-It.com, you must behave in a civil and respectful manner at all times. Further, you will not:
We have the right, but not the obligation, to monitor all conduct on and content submitted to Us on Present-It.com.
LICENSE TO Present-It.com: As between you and Us, you own the presentation content, including but not limited to presentation slides, images, video or audio narration, footnotes and attachments (“presentations”) that you submit to Present-It.com. By submitting a presentation, you grant to Us and Our affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your presentation for the purpose of (i) displaying the presentation within Present-It.com; (ii) displaying the presentation on third party websites and applications through a presentation embed or social sharing mechanism, (iii) allowing other users to play, download, and embed on third party websites the presentation, (iii) promoting Present-It.com, provided that you have made the presentation publicly available; and (iv) archiving or preserving the presentation for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of Present-It.com permission to view your presentations for their personal, non-commercial purposes. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your presentations from the KVSI Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed presentations may be cached in search engine indices after removal and that KVSI has no control over such caching.
As between you and Us, you own all presentation content that you submit to Us. You grant Us and to Our affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your presentation content. In addition, you waive any so-called “moral rights” in your presentation content. You further grant all users of Present-It.com permission to view your presentation content for their personal, non-commercial purposes. If you make suggestions to Us on improving or adding new features to Present-It.com, We shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Us and grant the licenses set forth above; (ii) We will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold Us harmless and Our affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Present-It.com; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Us violates any law or infringes any third party right, including any intellectual property or privacy right.
We respect the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice to CFO@knowledgevision.com
We reserve the right to modify Present-It.com in any way and at any time. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to Present-It.com. We have no obligation to screen or monitor any content and do not guarantee that any content available on Present-It.com complies with this Agreement or is suitable for all users.
KVSI provides Present-It.com on an “as is” and “as available” basis. You therefore use Present-It.com at your own risk. We expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, We make no representations or warranties:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Present-It.com, and no warranties shall apply after such period.
To the fullest extent permitted by law: (i) We shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses.
All pictures, graphics, videos, and other visual media displayed on Present-It.com re exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) – (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. We are not the primary producer of the visual content contained in Present-It.com.
GOVERNING LAW: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of Present-It.com must be commenced in the state or federal courts located in Suffolk County, Massachusetts, United States of America (and you consent to the jurisdiction of those courts). In any such action, We and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Us in exercising any right hereunder will waive any further exercise of that right. Our rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without our prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Us electronically. We may provide all such communications by email or by posting them on Present-It.com. For support-related inquiries, you may contact us firstname.lastname@example.org. You may send notices of a legal nature to Us at CFO@knowledgevision.com or the following address:
KnowledgeVision Systems Incorporated; 55 Old Bedford Road, Suite 103; Lincoln, Massachusetts 01773
Nothing herein shall limit Our right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Us on Present-It.com or a written amendment signed by an authorized representative of Ours. A revised Terms of Service will be effective as of the date it is posted on Present-It.com.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between KVSI and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.