Terms of Use

TERMS OF USE FOR THE SHOWCASTER WEB SITE AND LICENSE AGREEMENT FOR SHOWCASTER CLIENT SOFTWARE

1. AGREEMENT

As used in this Agreement, "e-Media" means e-Media Limited, the owner and operator of the web site located at http://www.showcaster.com ("Showcaster"), who's principal place of business is at Ember House, Pleasant Place, Walton-on-Thames, KT12 4HR, UK, and "you" and "your" means the "user". Showcaster is offered to you, the user, conditional on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Showcaster constitutes your agreement to all such terms, conditions, and notices. e-Media reserves the right to change the terms, conditions, and notices under which Showcaster is offered, including but not limited to the charges associated with the use of Showcaster. You are responsible for regularly reviewing these Terms of Use.
These terms, conditions, and notices contained herein constitute the entire agreement (with the additional operating agreements for Showcaster Partners, the Showcaster Associates Program and the Showcaster Delegate Charging Service), between the user and e-Media with respect to Showcaster. And supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and e-Media with respect to Showcaster.

2. SOFTWARE

Use of Showcaster requires client software called "Showcaster Client", which may include associated software components, media, printed materials, and online or electronic documentation ("Software"). This Software is the copyrighted work of e-Media and/or its suppliers and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Subject to the terms, conditions, and notices contained herein, e-Media grants you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Showcaster web site in accordance with these Terms of Use, and for no other purpose. All Software is owned by e-Media and/or it's suppliers and is protected by copyright laws and international treaty provisions. The Software is licensed, not sold. You may not sell, rent, hire, lease, license, modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, distribute or alter all or any portion of the Software, except as expressly allowed in these Terms of Use.
e-Media has no obligation to provide you with any hard-copy documentation or other printed materials, technical support services, telephone assistance or modifications, enhancements or supplements to the Software.

3. USE RESTRICTIONS

You warrant to e-Media that you will not use Showcaster for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Showcaster in any manner which could damage, disable, overburden, or impair Showcaster or interfere with any other user's enjoyment of Showcaster. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Showcaster. You may not use Showcaster to publish, distribute or disseminate any inappropriate, profane, defamatory, libelous, threatening, obscene, indecent or unlawful material that would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation.

4. TERMINATION AND ACCESS RESTRICTION

e-Media reserves the right, in its sole discretion, to modify or terminate access to any or all Showcaster web sites at any time, without notice and for any reason whatsoever.

5. RESPONSIBILITY FOR SUBMISSIONS

e-Media does not claim ownership of the PowerPoint presentations uploaded to Showcaster by users, or the recorded presentation narratives (collectively "Submissions"). However, by providing Submissions users warrant and represent that they own, control the rights thereto, or have received all necessary consents to grant e-Media and its affiliated companies, permission to use the Submissions in connection with the operation of Showcaster. Including without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Submissions and to publish the users name in connection with the Submissions. e-Media is under no obligation to monitor or use any Submissions provided by users and may remove at e-Media's sole discretion any Submissions at any time and without notice. e-Media assumes no responsibility for the deletion or failure to store Submissions and does not endorse the content, messages or information found in user Submissions. Users agree not to upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Users may be asked to choose a password and account name. Confidentiality of the password and account name is entirely the responsibility of the user. Furthermore, users are entirely responsible for any and all activities that occur under their account.

6. VIRUS WARNING

Whilst e-Media endeavours to ensure that the material available for download from Showcaster is virus free, viruses may nevertheless escape detection. Although all files are scanned before being made available from Showcaster, users download material at their own risk. Users should run regularly updated virus checking software and ensure that a recent back up of all programs and data is always available.

7. PRIVACY POLICY

It is e-Media's policy to respect the privacy of Showcaster users. e-Media's privacy policy is described on the Showcaster web site at http://www.showcaster.com/privacy.asp

8. WARRANTY DISCLAIMER

E-MEDIA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OF SHOWCASTER FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. E-MEDIA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OF SHOWCASTER, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
USE OF SHOWCASTER IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF SHOWCASTER. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF SHOWCASTER REMAINS WITH YOU.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL E-MEDIA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF SHOWCASTER, WITH THE DELAY OR INABILITY TO USE SHOWCASTER, EVEN IF E-MEDIA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF SHOWCASTER, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SHOWCASTER.

10. LAW AND FORUM

This agreement is governed by the laws of ENGLAND. All disputes arising out of or relating to the use of Showcaster will take place in London, England and all proceedings and records will be in English. Use of Showcaster is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

11. COPYRIGHT AND TRADEMARK NOTICES

All contents of Showcaster (excluding Submissions) are Copyright © 1990 - 2002 e-Media Limited and/or its suppliers, Ember House, The Green, Pleasant Place, Walton-on-Thames, KT12 4HR, ENGLAND.
All rights reserved.

e-Media and Showcaster are trademarks of e-Media Limited.
Any rights not expressly granted herein are reserved.

SERVICE CONTACT: showcaster@e-media.co.uk
Last Updated: March 2002