Terms of Service

Terms of Service

Present.ly (the "Service") is a hosted service operated by Intridea Inc. ("Intridea"). Use of the Service is subject to the following Terms and Conditions, as well Intridea’s Privacy Policy, which is hereby incorporated by reference (collectively, the "Terms and Conditions"). Your use of the Service constitutes your acceptance of these Terms and Conditions. By agreeing to these Terms and Conditions, you also agree to the terms and conditions of any license agreement(s) that affect or are affected by the Service, including Amazon’s License Agreement.

Your Present.ly Account.

If you create an account using the Service, then you are the owner of that account and you further represent and warrant that you are also the rightful owner or authorized licensee of all text, graphics, audio/visual, computer software, website hyperlinks and other media residing therein, including any combination of the foregoing (collectively, the "Content"). Intridea will not intentionally disclose your Content unless required to do so by court order or other legal action. However, you are solely responsible for: (a) maintaining the security of your account, your Content and any projects you work on that utilize the Service or the Content (each, a "Project"); and (b) all activities that occur within your account and any actions taken in connection with any Project. You must immediately notify Intridea of any unauthorized uses of your account, your Content or any other breaches of security of the Service or any Project.

Responsibility of Participants.

If you create an account using the Service, you are responsible for the Content of that account and any harm resulting from that Content. By making Content available through the Service, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of Intridea or any third party;
• if your employer has rights to any Content, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other potentially harmful or destructive content;
• the Content is not spam, and does not: (a) contain unethical or unwanted content designed to drive traffic to third party sites, (b) boost search engine rankings of third party sites, (c) further any potentially unlawful acts (i.e. phishing), or (d) potentially mislead recipients as to its source (i.e. spoofing); and
• the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party.

For purposes of these Terms and Conditions, to "create an account" or "maintain an account" means to establish an account with Intridea, regardless of whether you store any Content therein or utilize the Service for any Project.

Responsibility of Service Visitors.

Any visitor utilizing the Service is solely responsible for taking all necessary precautions to protect themself and their computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. Intridea has not reviewed, and cannot review, all of the Content posted to the Service, and therefore cannot be responsible for the Content, its use or effects. By operating the Service, Intridea does not represent or imply that it endorses the posted Content, or that it believes such Content to be accurate, useful or non-harmful.

Payment for Services.

All Service accounts are available for use and can be accessed if and only if all payments are current. Unless otherwise agreed in writing by Intridea, billing will be on a monthly basis and charged to the credit card furnished for that purpose.

A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number

If you sign up for a paid account, you will be billed immediately and put on a 30 day billing schedule.

The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

For an upgrade in the plan level, your credit card will automatically be charged the difference from your old plan and you will be transferred to a new 30-day billing schedule for the upgraded plan price that starts the day you upgrade.

For a downgrade in the plan level, you will be transferred to a new 30-day billing schedule for the downgraded plan price that starts the day you downgrade.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Intridea does not accept any liability for such loss.

Cancellation and Termination

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the "Admin" tab in the global navigation bar at the top of the screen. The Administration screen provides a link to "Change Plan" at which point you may change or cancel your service.

All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

Intridea, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Intridea service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Intridea reserves the right to refuse service to anyone for any reason at any time.

Termination of Account.

You may terminate your Service account at any time, provided however, that notice of such termination shall be made in writing to Intridea. All account terminations are immediate. The final invoice will contain all usage charges to the termination date. You are solely responsible to download, copy or otherwise preserve your Content before terminating your Service account.

Trademarks.

Intridea, Present.ly, the Present.ly logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Intridea or Intridea’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Intridea or third-party trademarks.

Removal of Content.

In its sole discretion, Intridea may (but is not required to) remove Content from any account utilizing the Service that Intridea deems potentially:

A. a violation of any Intridea policy, including these Terms of Service;
B. harmful, threatening, false, libelous, defamatory, or otherwise objectionable;
C. subject to copyright and/or trademark laws or protection; or
D. in violation of other applicable laws, rules or regulations.

In the event Intridea is required to remove Content (as set forth in this Section 7), Intridea may, in its discretion, terminate or deny access to and use of the Service by the owner of the account within which such Content is located. In the case of such termination, Intridea will have no obligation to provide a refund of any amounts previously paid to Intridea.

Copyright Infringement.

If you believe that Content located on or linked to the Service violates your copyright, you are encouraged to notify Intridea. Intridea will respond to all such notices, investigate the allegations, and, as required or appropriate, remove any infringing material and/or disable all links to the infringing material. In the case of a participant who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Intridea or others, Intridea may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Intridea will have no obligation to provide a refund of any amounts previously paid to Intridea.

Content Posted on Other Websites.

Intridea has not reviewed, and cannot review, all of the Content made available through the Service, nor the webpages to which the Service links, and that link to the Service. Intridea does not have any control over the Content or non-Service websites and webpages, and is not responsible for their content or use. By providing links to a non-Service website or webpage, Intridea does not represent or imply that it endorses such website or webpage. Each Service user is responsible for taking all necessary precautions to protect themself and their computer systems and data from viruses, worms, Trojan horses, and other harmful or destructive content. Intridea disclaims any responsibility for any harm resulting from use of non-Service websites and webpages.

Limitation of Warranties.

Except as otherwise expressly stated herein, all Content posted to or available from the Service is provided "as is", and Intridea and its owners, suppliers and licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain Content and services through, the Service at your own discretion and at your own risk, and that Intridea and its owners, suppliers and licensors will have no liability or responsibility whatsoever for any damage (whether to your computer system, data or otherwise) that results from the download or use of such Content or services.

Limitation of Liability.

In no event will Intridea or any of its owners, suppliers or licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Service, or the contents thereof or of any hyperlinked website, including without limitation any lost profits, business interruption, loss of data or otherwise, even if Intridea, its suppliers and its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Intridea and its owners, suppliers and licensors arising out of or in any way related to your use of the Service, or the contents thereof exceed the amounts actually paid by you to Intridea during the six-month period immediately prior to the date a claim is made. You hereby agree that the limitations and exclusions set forth in this Section 11 represent a reasonable allocation of risk and an essential basis of the agreement between you and Intridea and its owners, suppliers and licensors.

Miscellaneous Provisions.

A. Changes. The Service, including without limitation all content and features therein available and these Terms and Conditions, may be changed at the sole discretion of Intridea and without notice. You are bound by any such updates or changes as they are made. You agree to periodically review these Terms and Conditions for any applicable changes.

B. Entire Agreement. These Terms and Conditions constitute the entire agreement between Intridea and you concerning the subject matter hereof, and can only be modified by a written amendment signed by an authorized executive of Intridea, or by the posting by Intridea of a revised version of these Terms and Conditions on the Service.

C. Indemnification. You agree to defend, indemnify and hold harmless Intridea and its owners, suppliers and licensors from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.

D. Applicable Law and Jurisdiction. Any dispute arising out of or related to these Terms and Conditions, the Service or its use shall be governed by the laws of the State of Maryland. The proper venue for any such dispute shall be in Motgomery County, Maryland, the county in which the registered office of Intridea is located - 8122 Tuckerman Lane, Suite L1, Potomac, MD 20854.

E. Waiver or Failure to Enforce. A waiver or failure to enforce by either party any of these Terms and Conditions or any breach thereof will not waive such term or condition or any subsequent breach thereof.

Privacy Policy

Refund Policy

There will be no full or partial refunds.

If you upgrade your plan, you will be charged the difference immediately, and your new billing schedule will be moved over to a monthly schedule starting the day of the upgrade. Your account will instantly be upgraded.

If you downgrade your plan, you will not get any refunds, and your account will instantly be downgraded.

Account Cancellation

You can cancel your account at any time by logging into your administrator account and selecting the "Admin" tab. Once you are on the Administration page, click the "Change Plan" link and confirm that you would really like to cancel your account.

Security

Present.ly is committed to providing the highest level of security for your micro-blogging needs. We guarantee your company communications and intellectual property is safe by employing the highest level of security standards and offering the highest level of control.

Secure connections:

All traffic To and From present.ly is secured using Secure Socket Layer (SSL) encryption to prevent packet sniffing and data interception.

Secure hosting and server access:

Present.ly is hosted at a secure facility on secure servers behind powerful firewalls. Access is only granted to a select group of employees over VPN using encrypted SSH and secure keypairs.

Fine grained security and permissions:

Present.ly provides numerous security measures to ensure your data is visible only to members of your account. Additionally Present.ly provides fine grained security and permissions to ensure messages within your account are only visible to those authorized to read them.

Hosted and Installed version for maximum security:

You can use Present.ly as a hosted Software as a Service (SaaS) solution or as an installed solution behind your company firewalls to provide even more security and control of your data. To find out more about the installed option please .