Terms of Use

Introduction

Welcome to CrowdPresenter.com. This website is owned and operated by Menial Elk, Inc., a New Jersey corporation. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy for more information). If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This agreement is in effect as of July 1, 2015.

You must be at least eighteen [18] years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least eighteen [18] years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to CrowdPresenter.com's use of cookies in accordance with the terms of CrowdPresenter.com's privacy policy.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

Unless otherwise stated, Menial Elk, Inc. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  • In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  • You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  • Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  • Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  • Attempting to copy, duplicate, reproduce, sell, trade, publicaly show, resell, edit, or otherwise modify our Resources is strictly prohibited.
  • You may not redistribute material from this website, except for content specifically owned by you.
  • You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  • We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    • Contains any type of unauthorized or unsolicited advertising;
    • Impersonates any person or entity, including any https://CrowdPresenter.com employees or representatives.
    We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
  • You may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • You may not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  • You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without CrowdPresenter.com's express written consent.
  • You may not use this website to transmit or send unsolicited commercial communications.
  • We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Menial Elk, Inc., and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
  • You agree to indemnify and hold harmless Menial Elk, Inc. and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Restricted Access

Access to certain areas of this website is restricted. Menial Elk, Inc. reserves the right to restrict access to areas of this website, or indeed this entire website, at its discretion.

If CrowdPresenter.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Menial Elk, Inc. may disable your user ID and password on the CrowdPresenter.com website at its sole discretion without notice or explanation.

User content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material, audio-visual material, and slides) that you submit to this website, for whatever purpose.

CrowdPresenter.com will never use, reproduce, adapt, publish, sell, translate and distribute your user content in any existing or future media without your express and written consent.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Menial Elk, Inc. or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Menial Elk, Inc. reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website.

Notwithstanding Menial Elk, Inc's rights under these terms and conditions in relation to user content, Menial Elk, Inc. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

User Presentations

The primary function of the CrowdPresenter.com website is to serve as a utility through which subscribers and other authorized users can present content, typically in the form of slides, to interested parties or other attendees. Menial Elk, Inc. will take reasonable steps via the CrowdPresenter technology to ensure that only attendees you invite during setup of an event will attend it. However, menial Elk, Inc. cannot guarantee that others you may not have invited will not attend as we cannot control unauthorized redistribution of access codes by a recipient.

When using the CrowdPresenter service, you may have occasion to send emails inviting others to an online event hosted in the CrowdPresenter platform. Menial Elk makes no claim regarding, or warrants against, the potential interception of such emails by those who may not have been specifically invited, nor does Menial Elk warrant against the use of content and codes by such actors to access a live event. It is the responsibility of the account holder and account holder's users to track access to their events. Menial Elk also disclaims any responsibility to prohibit access to an event for which the attendee uses a legitimate access code regardless of the date or time, or number of times, the event is held.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

  • the use of our Resources will meet your needs or requirements.
  • the use of our Resources will be uninterrupted, timely, secure or free from errors.
  • the information obtained by using our Resources will be accurate or reliable, and
  • any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
  • any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  • no information or advice, whether expressed, implied, oral or written, obtained by you from Menial Elk, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF PRODUCTS AND/OR SERVICES. MENIAL ELK, INC. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS, LOSS OF REPUTATION OR GOOD WILL, BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR RESOURCES, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, INACCESSIBILITY, OR SYSTEM DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit CrowdPresenter.com's liability in respect of any:

  • fraud or fraudulent misrepresentation on the part of Menial Elk, Inc.; or
  • matter which it would be illegal or unlawful for Menial Elk, Inc. to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that Menial Elk, Inc. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Menial Elk, Inc. officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Menial Elk's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as CrowdPresenter.com.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Menial Elk, Inc. and undertake to keep Menial Elk, Inc. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Menial Elk, Inc. to a third party in settlement of a claim or dispute on the advice of Menial Elk, Inc's legal advisers) incurred or suffered by Menial Elk, Inc. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Menial Elk, Inc's other rights under these terms and conditions, if you breach these terms and conditions in any way, Menial Elk, Inc. may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Menial Elk, Inc. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Menial Elk, Inc. may transfer, sub-contract or otherwise deal with Menial Elk, Inc's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the Privacy Policy constitute the entire agreement between you and Menial Elk, Inc. in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Copyrights/Trademarks

All content and materials available on https://CrowdPresenter.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Menial Elk, Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Menial Elk, Inc.

Cancellation and Refund Policy

CrowdPresenter.com customers may cancel their subscriptions to the service at any time. Customers who cancel will continue to have access to the service until their current subscription period ends. There will be no refunds issued for unused, remaining subscription time. You agree that all CrowdPresenter.com cancellation requests must be submitted electronically via email and by the credit card holder only. Cancellation requests must include the name of the credit card holder and transaction number. This policy applies to all CrowdPresenter.com customers.

Retention of Archived Content

CrowdPresenter.com customers who cancel their subscriptions to the service are responsible for deleting all uploaded content in their personal archive on the CrowdPresenter.com server. Menial Elk, Inc. may, at its discretion, retain customer content on its server for up to 30 days after customer cancellation, after which the customer's archive will be irrevocably deleted.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by Menial Elk, Inc. from our offices located in the state of Texas, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Texas, by accessing our website, you agree that the statutes and laws of Texas, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Texas, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, MENIAL ELK, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about these our Terms of Use as outlined above, you can contact us via email at: