These Terms of Service limit Sayansho's liability and obligations to you, grant Sayansho certain rights and allow Sayansho to change, suspend or terminate your access to and use of the Platform, Content, Presentations and/or Services. Your access to and use of the Platform, Presentations and/or Services are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Platform, Presentations and/or Services you agree to be bound by these Terms of Service.
YOU AGREE TO THE TERMS OF THIS AGREEMENT EITHER BY CLICKING A BOX ON A WEB PAGE INDICATING YOUR ACCEPTANCE; OR BY EXECUTING A 'SALES ORDER' FORM THAT REFERENCES THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Sayansho reserves the right, at any time, to change or impose fees for access to and use of the Platform, Content, Presentations and/or Services
2. Consent to Access Your Computer
BY USING THE PLATFORM, PRESENTATIONS AND/OR SERVICES, YOU CONSENT TO ALLOW SAYANSHO TO ACCESS THE WEBCAM/VIDEO FEED AND MICROPHONE/AUDIO FEED ON YOUR COMPUTER FOR THE PURPOSES OF RECORDING PRESENTATIONS, AND YOU CONSENT TO ALLOW ACCESS TO ANY FILES THAT ARE UPLOADED TO THE PLATFORM. BY PLACING A PRESENTATION ON THE PLATFORM, YOU CONSENT TO SHARE ACCESS TO THE CONTENT OF ANY SUCH PRESENTATION WITH OTHER SAYANSHO USERS THAT HAVE BEEN AUTHORIZED TO VIEW THE PRESENTATION. BY PUTTING PRESENTATIONS IN THE PUBLIC DOMAIN, YOU CONSENT TO SHARE ACCESS TO THE CONTENT OF THOSE PRESENTATIONS WITH OTHER SAYANSHO USERS AND/OR THE PUBLIC.
Your Presentations (collectively, the "") as used in this Agreement means both (i) the digital video footage created and (ii) the information, data and/or imagery contained in the slides, that you or other users upload, download and access through the Platform and Services. You are the owner of your Presentations and are solely responsible for your conduct and the content of your Presentations, as well as any of the content contained in your communications with your viewers.
Sayansho allows you to share your Presentations, and you can restrict access to your Presentations to specific individuals via an existing login and web-based security system that operates independently of the embedded media. If you decide to share your Presentations, you are giving certain legal rights, as explained below, to those individuals to whom you have given access.
Sayansho does not claim any ownership rights in your Presentations. You acknowledge that Sayansho does not have any obligation to monitor the Presentations that you upload, post, submit, link to or otherwise transmit using the Platform or Services, for any purpose, and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of your Presentation or anything said, depicted or written within user comments, including without limitation, any information obtained by using the Platform or Services. Sayansho does not endorse anything contained in the Presentations or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sayansho with respect thereto.
The Client does not give permission for Sayansho to use any Client material supplied to Sayansho for demonstration purposes unless permission is granted and confirmed in writing by the client.
4. Restricted Access Presentations
While you own the content contained in your Presentations, Presentations posted in a password restricted environment are only available to those users to whom you grant access. By posting your Presentations on the Platform, even with restricted access, you agree and acknowledge that Sayansho has no responsibility or obligation to monitor or notify of you of any non-compliance related to the rights or license you may choose to grant to other users to whom you have allowed access, and that Sayansho has no responsibility to enforce or police, or aid you in enforcing or policing, the terms of the license(s) or permission(s) you have chosen to offer.
5. Public Presentations
While you own the content contained in your Presentations, Presentations placed on the Platform for public viewing are automatically available to other Sayansho users and to the general public. By making your Presentations available to the Public on the Platform, you hereby grant all other Sayansho users and the public a non-exclusive, non-commercial, worldwide, royalty-free, sub licensable, perpetual and irrevocable right and license to use and exploit your Presentations. In other words, a presentation that you make available to the Public through Sayansho can be used by anyone, for any purpose except commercial use. By putting your Presentations in the public domain, you agree and acknowledge that Sayansho has no responsibility or obligation to monitor or notify of you of any non-compliance related to the license you have granted and that Sayansho has no responsibility to enforce or police, or aid you in enforcing or policing, the terms of that license.
6. Other licenses
Certain Presentations may be provided with, and subject to, other licenses, such as the Creative Commons license, which may affect how you use those Presentations. Users of such Presentations may see the specific licenses referred to, and included via links included, in any such Presentations. Users who make their Presentations available subject to any such third-party licenses hereby agree to comply with all policies and conditions associated with such use and distribution. For more information about Creative Commons, please check creativecommons.org.
7. Your Responsibilities
You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the licenses that both your public and shared Presentations require, as described above. Please note that moving all or portions of your Presentations from the Platform does not revoke the license granted to those individuals who previously accessed those files.
You should be aware that any Presentation on the Platform may be protected by intellectual property rights that are owned by the Sayansho user who posted (with public or restricted access) that Presentation. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the content(s) (either in whole or in part) of another user's Presentation, unless you have been specifically told that you may do so by the rightful owner, either through the licence options on the Platform or in a separate agreement.
You acknowledge and agree that you should not rely on the Platform, Content, Presentations and/or Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Platform, Content, Presentations and/ or Services. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Platform, Content, Presentations and/or Services.
8. Live Streaming
Sayansho shall not be responsible or liable for end users accessing the internet to deliver live streamed content (webcasts) via ISP's with insufficient capacity or stability for streaming.
Sayansho shall not be responsible or liable for any problems or poor image quality due to congestion on the Internet or over copper telephone lines, fibre or leased lines or satellite.
Sayansho shall not be held responsible for the provision or quality or stability of "uplink" bandwidth or internet connectivity from the Live Webcast Location.
If Sayansho have been specifically contracted to carry out the live encoding and streaming, it will be necessary to do a site survey or "reccie" and the agent of Sayansho must have physically visited the site. Diagnosis of suitability of the Live Webcast Location over the telephone or email for the "uplink" stream or connectivity is not sufficient to guarantee stable connectivity. When a physical visit to the Live Webcast Location is conducted, Sayansho cannot be held responsible for changes to infrastructure or connectivity before or during the webcast, which may interrupt the stability of the "uplink" stream. This includes, but is not limited to, local ISP/venue issues, power outages, denial of service attacks, virus, or "hacking/cracking" activities.
Should Sayansho request static IP addresses from a Live Webcast Location to conduct a webcast, these IP addresses must be public internet IP addresses and therefore be able to be "pinged" from the public internet. Should these IP addresses (and gateway, subnet and DNS entries) not be available at least 2 days before the webcast, Sayansho cannot guarantee that the webcast can be conducted.
Sayansho cannot be held responsible for failure of streams to penetrate firewall, proxy and security settings of companies. Sayansho will however, on a 'best endeavor' basis work with a company's security / technical personal to resolve any issues as far as possible.
The Client assumes responsibility for the downloading and implementation of any viewing software for use by the event viewers. Sayansho is always willing to help with any problems.
When Sayansho is not providing video, sound, or lighting production equipment, the Client assumes liability for the ordering, installation and function of all sound, video and lighting components. Sayansho will not be liable for any technical difficulties arising from non-Sayansho sourced equipment.
9. Hosting and General Terms
Sayansho has entered into hosting and maintenance agreements in respect of Sayansho's streaming hosting servers and the performance of the servers is subject to the terms of such agreements. Sayansho therefore offer a 99.5% Service Level Agreement (SLA) for webcasts delivered via the Platform, although the full service in terms of upload, transcoding, online survey tools, reporting etc, is offered on an 'AS IS' basis (please see point number 21 below).
10. Technical support
Technical support will be available during normal office hours i.e. 0900 – 1730 hrs. Monday – Friday excluding bank holidays and UK national holidays.
Technical support arranged specifically to support a live webcast or on-demand webcast will be available during normal office hours as described above unless otherwise agreed in advance.
12. Account Security
You are responsible for safeguarding the password(s) that you use to access the Platform, Content, Presentations and/or Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password(s), whether or not you have authorized such activities or actions. You will immediately notify Sayansho of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of data and/or Presentations to Sayansho, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Platform, Presentations and/or Services.
13. Your Use of the Services
Sayansho grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform, Content, Presentations and Services subject to the restrictions set forth in these Terms of Service.
14. Sayansho Property
All right, title, and interest in the Sayansho.com Platform are and will remain the exclusive property of Sayansho and its licensors, including all Intellectual Property Rights therein. The Sayansho.com Platform and Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Platform, Content, or Services. You may not copy or modify the HTML or other code used to generate web pages on the Platform.
15. General Prohibitions
You agree not to do any of the following while using the Platform, Content, Presentations or Services:
- Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use non-public areas of the Platform (including but not limited to user Presentations not designated as 'public' or that you have not been given permission to access), Sayansho's computer systems, or the technical delivery systems of Sayansho's providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the Platform, Content, Presentations or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Sayansho or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
- Send unsolicited email, junk mail, "spam," or chain letters, or promotions or advertisements for products or services;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, Content, Presentations or Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform, Content, Presentations or Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform; or plant malware on Sayansho's computer system, those systems of Sayansho's providers, or otherwise use the Platform, Content, Files or Services to attempt to distribute malware; or
- Impersonate or misrepresent your affiliation with any person or entity.
Sayansho will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Platform security issues, to the fullest extent of the law. Sayansho may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Sayansho has no obligation to monitor any user's access to or use of the Platform, Content, Presentations and Services, but has the right to do so for the purpose of operating and developing the Platform and the Services, to ensure users' compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
16. Copyright Compliance
You will only upload, post, submit or otherwise transmit presentations: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that do not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Sayansho has adopted and implemented a policy that permits the deletion of Presentations that violate this policy, and that permits the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
The Platform may contain links to third-party websites or resources. You acknowledge and agree that Sayansho is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Sayansho of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your reference and use of any such websites or resources.
If you violate any of these Terms of Service, your permission to use the Platform, Content, Presentations and Services will automatically terminate. Sayansho reserves the right to revoke your access to and use of the Platform, Content, Presentations and Services at any time, with or without cause, and with or without notice. Sayansho also reserves the right to cease providing or to change the Platform, Content, Presentations or Services at any time and without notice.
19. Use of the Platform at Your Own Risk
Your access to and use of the Platform, Content, Presentations and Services and is at your own risk. Sayansho will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Platform, Content, Presentations or Services.
Please choose a username for your account that is your real name or trademark you own. We reserve the right to remove or reclaim your username if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
21. Sayansho is Available "AS-IS"
THE PLATFORM, CONTENT, PRESENTATIONS AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SAYANSHO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE PLATFORM, CONTENT, PRESENTATIONS AND SERVICES MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR PRESENTATIONS TO UNINTENDED THIRD PARTIES.
SAYANSHO MAKES NO WARRANTY THAT THE PLATFORM, CONTENT, PRESENTATIONS OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SAYANSHO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE PLATFORM, CONTENT, OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM, CONTENT, PRESENTATIONS OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SAYANSHO OR THROUGH THE PLATFORM, CONTENT, PRESENTATIONS OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold Sayansho, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal fees and costs, arising out of or in any way connected with: (i) your access to or use of the Platform, Content, Files and Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Your Presentations, or your use of Presentations, caused damage to a third party, including without limitation claims that Your Presentations, or use of Presentations, infringe the rights of another.
23. Limitation of Liability
IN NO EVENT WILL SAYANSHO BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM, CONTENT, PRESENTATIONS AND/OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE PLATFORM, CONTENT, PRESENTATIONS OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SAYANSHO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT SAYANSHO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, SAYANSHO WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE PLATFORM OR THROUGH THE SERVICES AND/OR CONTAINED IN THE PRESENTATIONS, OR IF YOUR PRESENTATION IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF SAYANSHO TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE PLATFORM, CONTENT, PRESENTATIONS AND/OR SERVICES IS LIMITED TO THE LOWER OF THE AMOUNTS YOU HAVE PAID TO SAYANSHO DURING THE THREE MONTH PERIOD PRIOR TO SUCH CLAIM FOR ACCESS TO AND USE OF THE PLATFORM, CONTENT, PRESENTATIONS OR SERVICES, OR ONE-HUNDRED (£100) POUNDS STERLING. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SAYANSHO AND YOU.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
The failure of Sayansho to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
26. Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the United Kingdom without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be courts of the United Kingdom, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
27. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
28. Entire Agreement
These Terms of Service are the entire and exclusive agreement between Sayansho and you regarding the Platform, Content, Services and your Presentations, and these Terms of Service supersede and replace any prior agreements between Sayansho and you regarding the Platform, Content, Services and Your Presentations.