Terms and Conditions:
The website slidebazaar.com is owned by Sapling Creations Private Limited, a Private Limited Company, incorporated under the provisions of the private limited company companies act 2013, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns. The term “Website”, “We”, “Us”, “Our”, “Company”, and “SLIDEBAZAAR” shall mean Sapling Creations Private Limited.
This is a legally binding agreement between YOU (either an individual or a single entity), referred to herein as “YOU”, and “SAPLING CREATIONS PRIVATE LIMITED”. This Agreement applies without limitation, to the website currently located at the domain SlideBazaar.com and any other version of the foregoing, and/or any content delivered via any storage media. This software is entitled SlideBazaar.com, and all documents and materials included in it are referred to herein as the “SOFTWARE” or the “CONTENT”.
Accessing, downloading and/or using all or any portion of any CONTENT or the SOFTWARE from SLIDEBAZAAR confirms your acceptance of these terms and forms a legal contract between YOU and SLIDEBAZAAR.
SLIDEBAZAAR RESERVES THE RIGHT TO CHANGE ANY OF THE TERMS OF THIS AGREEMENT AT ANY TIME, AND YOU AGREE TO BE BOUND BY SUCH CHANGES. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, AS MAY BE AMENDED, DO NOT DOWNLOAD OR USE ANY CONTENT.
Accessing, registering, or using all or any portion of the SOFTWARE or CONTENT indicates Your acceptance of all the terms and conditions in the EULA and this document referred to herein as “TERMS AND CONDITIONS” and that this agreement is equivalent to a written agreement signed by YOU. This agreement is enforceable against YOU and any legal entity that obtained the SOFTWARE or CONTENT, and, on whose behalf, it is used. If YOU do not agree to the terms of this agreement, please do not use this SOFTWARE and/or CONTENT.
IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE, OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS SOFTWARE OR THE CONTENT IN HARD COPY, DIGITAL FORM, OR ANY OTHER MEDIUM WHETHER EXISTING OR NOT YET EXISTING, EXCEPT AS SPECIFICALLY PERMITTED BELOW.
The use of this SOFTWARE and CONTENT is governed by the terms and conditions set forth herein. Please read them carefully. This is applicable to all the Documents included in the CONTENT and to the SOFTWARE in its whole part. YOU are deemed to have read, understood, and accepted the terms of these TERMS AND CONDITIONS when YOU access or use the SOFTWARE and the CONTENT.
SLIDEBAZAAR permits YOU to download, install, use, or otherwise benefit from the functionality or intellectual property of the CONTENT only in accordance with the terms of this TERMS AND CONDITIONS.
- PROPRIETARY RIGHTS. SLIDEBAZAAR and its suppliers retain all title, ownership, and intellectual property rights in the SOFTWARE and CONTENT, including but not limited to all supporting documentation, files, marketing material, images, and multimedia. The SOFTWARE and CONTENT are protected by copyright and other intellectual property laws and by international treaties. The SOFTWARE and CONTENT may include security measures designed to control access and prevent unauthorized copying and use. YOU agree not to interfere with any such security components. Use of third-party material included in the SOFTWARE, or the CONTENT may be subject to the terms and conditions typically found in the party’s own license agreement.
- LIMITED LICENSE. YOU are granted a perpetual, limited, non-exclusive, non-transferable license to use the SOFTWARE and the CONTENT for the ALLOWED USAGE (3). YOU are not allowed to use the CONTENT and SOFTWARE except for that which is specifically listed in section ALLOWED USAGE (refer to Section 4).
- MEMBERSHIP. Certain CONTENT is restricted and can only be accessed by YOU upon payment (refer to Section 7) of membership fees herein as “MEMBERSHIP FEES”. Upon payment of the MEMBERSHIP FEES, YOU become a “SLIDEBAZAAR MEMBER”. As a SLIDEBAZAAR MEMBER, YOU can download and use the restricted CONTENT subject to all terms set forth in this document and the EULA.
- YOU can cancel Your SLIDEBAAAR MEMBERSHIP at any time. Cancellation will take effect at the end of the pre-paid period provided that the request was made in accordance with these cancellation instructions.
- Registration for this Website is available only to those above the age of 13 years, barring those “Incompetent to Contract” which inter alia include insolvents. If YOU are a minor and wish to use the Website, YOU may do so through Your legal guardian and the Company reserves the right to terminate Your account on knowledge of YOU being a minor and having registered on the application or availing any of its Services.
- Further, at any time during Your use of this Website, including but not limited to the time of registration, YOU are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by YOU. In the case that YOU provide Us with false and/or inaccurate details or we have reason to believe that YOU have done so, we hold the right to permanently suspend Your account.
- An active SLIDEBAZAAR MEMBERSHIP is NOT REQUIRED to keep these TERMS AND CONDITIONS effective. YOU may continue to use the CONTENT under these TERMS AND CONDITIONS if Your MEMBERSHIP should expire. YOU will not be permitted to access the SOFTWARE or additional CONTENT if Your MEMBERSHIP should expire.
- ALLOWED USAGE. Subject to the restrictions and limitations described under NOT ALLOWED USAGE (5), the following are “allowed usages” of CONTENT and SOFTWARE:
- Create derivative works or modifications from the CONTENT, provided that such works is not intended to be re-sold or published publicly for free distribution, in editable format.
- Not for sale or license: Advertising, Brochures, Promotional collateral, promotional projects, including printed materials, packaging, presentations, video presentations, commercials, promotional cards, and postcards.
- Banners (physical print), Posters (physical print), and any other reproduction specified in (b.) above, but not for sale, license, or other distribution.
- Publishing of entertainment applications, such as books, book covers, e-books, magazines, newspapers, editorials, newsletters, posters and videos, and multimedia broadcasts, if credit is given to SLIDEBAZAAR for the creation of the CONTENT used.
- Use the CONTENT for corporate or business identity, logo, or branding.
- Note: If SLIDEBAZAAR CONTENT is used for the creation of a business or corporate identity, logo, or branding with the purpose of trademark, register, or copyright, the derivative result will be of shared ownership with SLIDEBAZAAR unless written approval between SLIDEBAZAAR and the requesting entity for establishing own rights over the CONTENT.
- Online or electronic publications, including websites and web pages (personal and professional use), blogs (personal and professional use) if credit is given to SLIDEBAZAAR for the creation of the CONTENT which was used and if the CONTENT is not being licensed, redistributed, or resold.
- Note: In case questions exist over the use in this clause, please contact SLIDEBAZAAR for specific examples or analysis of the intended use situation.
- Any other uses approved in writing by SLIDEBAZAAR.
- Note: To request written permission for a specific use of CONTENT please contact SLIDEBAZAAR through the contact section provided by the SOFTWARE.
- Modify the CONTENT to fit Your own needs and the contractual relationship YOU are entering.
- NOT ALLOWED USAGE.
- Copy or reproduce the CONTENT, except as specifically provided for in Section ALLOWED USAGE (refer to section 4).
- Sell, distribute, sub-license, transfer, or assign the CONTENT or rights to the CONTENT.
- Sell, distribute, sub-license, and transfer access to the SOFTWARE.
- Use or display the CONTENT on websites or web pages (or similar) to induce or involve the sale, license, or other distribution of physical products, including postcards, mugs, t-shirts, posters, and other items.
- Use, display, incorporate or bundle the CONTENT on any product that results in a re-distribution or re-use of the CONTENT websites or web pages (or similar) to induce or involving sale, license or other distribution of digital products including presentation templates, websites templates, websites designs, stock images (this includes custom designed websites).
- Use the CONTENT in design template applications intended for resale, online or not, including without limitations, website templates, Flash, Applets, business card templates, electronic greeting card templates, brochure templates, and any editable document template.
- Use the CONTENT in any posters, banners, or printed media (in any physical support) for resale, license, or other distribution for profit.
- Remove any copyright, trademark, or watermark from any place in the CONTENT.
- Use the CONTENT in any way that could be considered defamatory, pornographic, libelous, immoral, obscene, fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying text or images or otherwise.
- Use the CONTENT to compete with SLIDEBAZAAR.
- CONFIDENTIALITY. Each party agrees that it shall not disclose to any third party any information concerning the customers, trade secrets, methods, processes, or procedures or any other confidential, financial, or business information of the other party, which it learns during the course of its performance of this TERMS AND CONDITIONS, without the prior written consent of such other party. This obligation shall survive the cancellation or other termination of these TERMS AND CONDITIONS.
- PAYMENT. The membership fees may be updated or amended from time-to-time at the sole discretion of the Website/Company, and it shall be Your responsibility to remain informed about these changes.
- REFUND POLICY. We offer a 5-day money-back guarantee if YOU request for refund within 120 hours of making the payment and have not downloaded any CONTENT during this period. Refer to our Refund Policy for further details. Any Membership plans purchased under promotional conditions will not be covered under this refund policy.
- NON-TRANSFER OF RIGHTS. YOU may not rent, lease, sell, sublicense, assign or transfer Your rights in the SOFTWARE or CONTENT.
- VIOLATIONS OF THESE TERMS AND CONDITIONS. SLIDEBAZAAR reserves all rights not specifically granted to YOU above. SLIDEBAZAAR will have the right to proceed against YOU if YOU infringe against SLIDEBAZAAR’s rights. Any use not within the precise scope of the license set forth herein will be considered an infringement. YOU acknowledge and agree that SLIDEBAZAAR’s damages in the event of Your violation of this TERMS AND CONDITIONS will be substantial and that SLIDEBAZAAR will suffer irreparable harm in such event. As such, SLIDEBAZAAR shall have the right to obtain equitable remedies, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy.
- PUBLICITY. YOU shall not refer to the existence of these TERMS AND CONDITIONS in any press release, website, advertising, or any publicly distributed or accessible material, without the prior written consent of SLIDEBAZAAR.
- LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, SLIDEBAZAAR AND ITS EMPLOYEES, DIRECTORS, LICENSORS, CONTRIBUTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS AND CONDITIONS OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR CONTENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. SLIDEBAZAAR’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE RESTORATION OF ACCESS TO DOWNLOADABLE CONTENT CONTAINING THE CONTENT AND WILL NOT EXCEED TWO DOLLARS (US$2.00).
- DISCLAIMER OF WARRANTY. YOU ACCEPT THE SOFTWARE AND CONTENT “AS IS” AND WITH ALL FAULTS (IF ANY). SLIDEBAZAAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SLIDEBAZAAR MAKES NO WARRANTY OR REPRESENTATIONS WHATSOEVER REGARDING THE CONTENT AND YOUR USE OF IT, OR THE SUITABILITY OF THE CONTENT TO MEET YOUR SPECIFIC NEEDS. THE CONTENT IS DETAILED BUT GENERIC IN FORM. THERE MAY BE LAWS APPLICABLE IN YOUR STATE/PROVINCE/COUNTRY THAT NEED TO BE ADDRESSED IN ANY FINAL CONTENT.
- SLIDEBAZAAR shall have the sole and exclusive right to immediately terminate this TERMS AND CONDITIONS and suspend Your license to use the SOFTWARE and CONTENT should YOU fail to perform any obligation required under this TERMS AND CONDITIONS, engage in activity that SLIDEBAZAAR deems harmful to its well-being or if YOU become bankrupt or insolvent. These TERMS AND CONDITIONS take effect upon Your installation of the SOFTWARE and CONTENT and remain effective until terminated. Upon termination of this TERMS AND CONDITIONS by SLIDEBAZAAR, YOU shall return to SLIDEBAZAAR the original and all copies of the SOFTWARE and CONTENT including partial copies and modifications.
- YOU can terminate these TERMS AND CONDITIONS by destroying the CONTENT downloaded, any digital storage or accompanying materials, and ceasing all use of the CONTENT and SOFTWARE for any purpose.
- An active SLIDEBAZAAR subscription is NOT REQUIRED to keep these TERMS AND CONDITIONS effective. YOU may continue to use the CONTENT under these TERMS AND CONDITIONS if Your account should expire. YOU will not be permitted to access the SOFTWARE or additional CONTENT if Your account should expire.
- WAIVER & SEVERABILITY. SLIDEBAZAAR’s waiver of any breach of this TERMS AND CONDITIONS shall not constitute an amendment to this TERMS AND CONDITIONS or SLIDEBAZAAR’s waiver of subsequent breaches. If any part of this TERMS AND CONDITIONS is found void, invalid, or unenforceable, it will not affect the validity of the balance of this TERMS AND CONDITIONS, which will remain valid and enforceable according to its terms.
- ELECTRONIC NOTICES. YOU consent that SLIDEBAZAAR may provide YOU with information and notices regarding the SOFTWARE, CONTENT, and SLIDEBAZAAR via the email address YOU designate when registering Your account or thereafter. SLIDEBAZAAR may provide notices to YOU via (i) Email if YOU have provided SLIDEBAZAAR with a valid email address, or (ii) by posting the notice on the SLIDEBAZAAR website or the CONTENT download site which SLIDEBAZAAR owns and operates. YOU may withdraw Your consent for electronic notices.
- AMENDMENTS. SLIDEBAZAAR reserves the right to unilaterally amend all offers, pricing terms, or other matters pertaining to the SOFTWARE and CONTENT, SLIDEBAZAAR’s website, or this TERMS AND CONDITIONS. No course of dealing or trade usage shall be deemed to amend the terms of these TERMS AND CONDITIONS.
- COMPLETE AGREEMENT. This is the entire TERMS AND CONDITIONS between SLIDEBAZAAR and YOU relating to the SOFTWARE and CONTENT, and it supersedes any prior representations, discussions, undertakings, warranties, communications, or advertising relating to the Software.
- DISPUTES ARISING OUT OF THIS AGREEMENT All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case, both parties accept the proposed name, the said person shall be appointed as the sole mediator. In case the parties are not able to reach a consensus between the two proposed mediators, the Company reserves the right to decide on the final mediator. The decision of the mediator is binding on both parties.
- Stage 2: Arbitration. If mediation does not yield a suitable result or is preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. The arbitration shall be held in Kozhikode, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
- The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules, and regulations of Kozhikode, India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.