1. The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services. In addition, when using particular Any Presentations LLC services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time.
1. Ownership of Copyrights/Usage Restrictions
The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by Any Presentations LLC or its licensors. United States' and worldwide copyright laws and treaty provisions protect the entire contents of this Web Site. In accordance with these terms, except as stated above, you and other Web Site users may not:
a) Copy, reproduce, modify, use, republish, upload, post, transmit or distribute in any way material from the Web Site without Any Presentations' or its licensors express written permission;
b) Copy, modify or display trademarks, names or logos appearing on this Web Site in any way without Any Presentations' or its licensors express written permission; or
c) Redeliver any of the pages, text, images or other content of this Web Site using "framing" technology without Any Presentations' and its licensors express written permission.
If a user downloads software from this Web Site, the software, including all files, images contained in or generated by the software, and accompanying data (together, the "Software") is deemed to be licensed to the user by Any Presentations LLC. Neither title nor intellectual property rights are transferred to users, but remain with Any Presentations LLC, who owns full and complete title. Users may not, nor allow any third party to, lend, transfer, modify, resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) the U.S. Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.
3. Warranty Disclaimer
The factual information contained in this Web Site is obtained from sources believed to be reliable and accurate. Any Presentations LLC makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and is not responsible for any errors or omissions therein, whether caused by the source of the information or Any Presentations LLC. All factual and other information, including any opinions, accessible through the Web Site are provided on an "AS IS, AS AVAILABLE" basis without warranty of any kind and, without limiting the generality of the foregoing, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED. Any Presentations LLC is not responsible in any way for any loss that results from the use of the factual information, including but not limited to any lost profits or direct, indirect, special, consequential, compensatory or incidental damage. No advice or information, whether oral or written, obtained by you from Any Presentations LLC or through or from this Web Site shall create any warranty.
4. Limitation of Liability
Users expressly understand and agree that Any Presentations LLC will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if Any Presentations LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Web Site; (ii) unauthorized access to or alteration of your transmissions or data; (iii) loss of data or information; or (iv) any other matter relating to the Web Site. You further recognize that Any Presentations is a limited liability company.
Users may, through hypertext or other computer links, gain access to third parties sites on the World Wide Web, which are not related to or maintained by Any Presentations LLC. Links to third party sites do not imply partnerships, relationships or affiliations with such third parties and Any Presentations LLC takes no responsibility for the content therein, regardless of whether the link is provided by Any Presentations LLC or a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any web site to which the Web Site may link, including information on such other web site regarding Any Presentations LLC. By providing access to other web sites, Any Presentations LLC is not endorsing the products and services provided by any web site's sponsoring organization. Other web sites may include one or more links to this Web Site. Linking to other content within the Web Site is allowed. This limited license expressly prohibits the framing of Any Presentations LLC in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation. Your correspondence or business dealings with, or participation in promotions of, any advertisers found through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
6. Confidentiality Policy
To the extent a password is provided to you for access to a portion of the Web Site, you agree to keep your password confidential and to notify Any Presentations LLC promptly if such password is lost or stolen or if you become aware of unauthorized use of such password. You acknowledge that you are fully responsible for all activities that occur under your password.
7. Representations and Acknowledgments
All Any Presentations LLC customers must follow the rules of the federal CAN-SPAM act and Any Presentations LLC Anti-Spam policy when sending e-mail through the service. Accordingly, we require the following of e-mail messages sent through the Any Presentations LLC system subject in each case to the terms listed in the remainder of this Agreement, you hereby represent, acknowledge and agree that:
11. Email, Permission Practices, Image Hosting & Prohibited Content
11.1 Subscriber Opt Out.
11.2 Permission Practices.
You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Services. You hereby covenant that you shall not use any other lists in connection with your use of the Services. If you have used the Any Presentations LLC feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Services to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. You cannot copy a Any Presentations LLC template or any other features or functionality from the Services and use them for any purpose other than sending email messages from the Services. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms. Any Presentations LLC, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Any Presentations LLC will terminate your use of its Services if Any Presentations LLC determines that your level of spam complaints is higher than industry norms.
For every email message sent in connection with the Services, you acknowledge and agree that Any Presentations LLC may add an identifying footer stating "Email Marketing by Any Presentations LLC," "Powered by Any Presentations LLC" or a similar message.
Images hosted by Any Presentations LLC on Any Presentations LLC controlled servers may only be used in connection with the Services and for no other purpose whatsoever. To the extent you use images provided by Any Presentations LLC, Any Presentations LLC hereby grants to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use of the Services.
11.5 Prohibited Content.
Any Presentations LLC prohibits the use of the Services or web site by any person or entity that: