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Terms of Use/User License

Last Updated November 7, 2008

THIS TERMS OF USE/USER LICENSE (THIS “AGREEMENT”) CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SLIDE, INC. (“SLIDE”), AND INCLUDES THE TERMS OF SLIDE’S PRIVACY POLICY, COPYRIGHT POLICY AND VIRTUAL GOODS AGREEMENT, EACH OF WHICH ARE INCORPORATED HEREING BY REFERENCE. CONTINUED ACCESS TO AND USE OF THE SLIDE SERVICES, AS DEFINED BELOW, CONSTITUTES ASSENT TO THE TERMS OF THIS AGREEMENT AS SUCH TERMS MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT WISH TO ASSENT TO THE TERMS OF THIS AGREEMENT, YOU MUST CEASE USING THE SLIDE SERVICE IMMEDIATELY AND REMOVE ANY SNS APPS, AS DEFINED BELOW, OR ANY OTHER SOFTWARE OR CONTENT RECEIVED FROM OR THROUGH SLIDE FROM YOUR COMPUTER. YOUR FAILURE TO ADHERE TO THE TERMS AND OBLIGATIONS INCLUDED HEREIN SHALL CONSTITUTE A BREACH OF THIS AGREEMENT, WHICH MAY RESULT IN PERSONAL LIABILITY FOR YOU UNDER THE INDEMNITY SET FORTH BELOW AND/OR IN IMMEDIATE TERMINATION OF YOUR ACCOUNT AND, AT SLIDE'S SOLE DISCRETION, THE DELETION OF ALL CONTENT RELATED THERETO. ANY CHANGE TO THIS AGREEMENT, OR ANY OF THE AGREEMENTS OR POLICIES INCORPORATED HEREIN BY REFERENCE, WILL BECOME EFFECTIVE UPON PUBLICATION THROUGH THE SLIDE SERVICE (AS DEFINED BELOW).

Slide is the owner and operator of websites located at http://www.slide.com and elsewhere on the internet where this Agreement appears, and linked pages or applications, and the mobile version thereof, if any (collectively, including all web sites owned by Slide, the “Slide Site”). Slide is also the provider of the services (the “Slide Service”) which are available to You though Slide, including Widgets, such as the “Slide Ticker”, “Guestbook”, the “Slide Screensaver” and applications created by Slide and available through social networking sites (including premium applications and virtual goods for which we may impose a charge or a tax, “SNS Apps”). The availability of any SNS Apps on a social networking site does not indicate any relationship or affiliation between Slide and such social networking site.

1. Eligibility Criteria and Representations. You hereby represent that the following are all true:
1. You are at least 13 years old, and if You are less than 18 years old, You have the permission of Your parents or legal guardian to use the Slide Service. (Please be aware that Slide may create certain areas on the Slide Site that contain adult or mature content. You must be at least 18 years of age to access and view such areas.) If You are not at least 13 years old, please discontinue using the Slide Site and the Slide Services immediately.
2. You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; and
3. You have the right to display each and every item of content (whether images, links, documents, videos, greeting cards, “Skins”, “Sketches”, or files – “content”) which You have released through the Slide Service, including the right to display all copyrights, trademarks, trade names and similar intellectual property interests reflected therein or thereon. Your sharing of content constitutes permission for reproduction/printing of such content by any recipient for his or her personal use and by Slide solely to provide the Slide Service to You and others, to market the Slide Service and/or the Slide Site, and to illustrate the operation of the Slide Service and/or the Slide Site. You understand that the Slide Service may involve the transmission of content over various networks and changes to content to conform and adapt to technical requirements of connecting networks, devices or display media. See also, discussion of certain other User Created Content in Section 6 below.
2. License Grant by Slide.
1. LICENSE. Subject to the terms of this Agreement, Slide hereby grants You a limited, non-sublicensable, non-transferable, nonexclusive license to use the software that You have downloaded or are about to download, any software that You have embedded on a third party web site or are about to embed (“Slide Widgets”), any SNS Apps, and any software running on Slide's server (collectively with Slide Widgets, “Slide Software”). You may (and in fact are encouraged to) download, install and/or use the Slide Software on a single computer or on a website that is operated and maintained by You, or by someone else. Regardless of the policies of any other such website, you are responsible for ensuring compliance with these terms. As between You and Slide, title, ownership rights, and intellectual property rights in and to the Slide Software, and any copies or portions thereof, shall remain in Slide and its suppliers or licensors. You understand that Slide may modify or discontinue offering the Slide Software or any feature thereof at any time.
2. SUPPORT AND UPGRADES. This Agreement does not entitle You to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Slide Software (collectively, “Updates”). Slide, however, may occasionally provide automatic Updates to the Slide Software at its sole discretion (and without any advanced notification to You). Any such Updates for the Slide Software shall become part of the Slide Software and subject to this Agreement.
3. GOVERNMENT USE. If You are a part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Slide Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Slide Software is a “commercial item,” “commercial computer software” and “commercial computer software documentation”. In accordance with such provisions, any use of the Slide Software by the Government shall be governed solely by the terms of this Agreement.
3. Your Obligations. In exchange for Your being able to use the Slide Software, the Slide Services and/or the Slide Site, You agree to be bound by the following obligations:
1. Registration:
1. If You choose to register with Slide, You will provide us with an email address You own and use, a password and a username (“User ID”). You shall be solely responsible for maintaining the confidentiality of Your password. You will also update Your registration information on the Slide Site from time to time so that it remains true, correct and complete. Even if you choose to create an anonymous account, You are still agreeing to all of the terms and conditions of this Agreement.
2. You may not:
1. use a false name or an email address owned or controlled by another person with the intent to impersonate that person or for any other reason;
2. use as a User ID a name subject to any rights of a person other than Yourself without appropriate authorization; or
3. otherwise submit false or misleading information to Slide.
2. Prohibited Content. You may not (and will not allow any third party to) post or link to any material or content which:
1. is sexually explicit, profane, libelous, defamatory, obscene, or otherwise violative of any law (each a “Prohibited Posting”), or
2. constitutes an infringement, misappropriation or violation of the intellectual property, publicity or other proprietary rights of any person or entity (each, an “Infringing Posting”).
3. No Changes to the Software/Prohibited Uses. You may not and may not allow any third party to:
1. modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Slide Software or any portion of the Slide Site or the Slide Service (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);
2. copy or distribute the Slide Software (except for a version that has this license attached where the user agrees to the terms of this Agreement), provided, however, that You may (and are encouraged to) include any number of Slide Widgets on your website or webpage and any number of SNS Apps on your social networking pages.
3. rent, lease, use the Slide Software for timesharing or service bureau purposes, or otherwise obtain a commercial benefit from the Slide Software unless You inform of Your commercial purpose prior to such use;
4. use the Slide Software in any manner that could damage, disable, overburden, or impair the Slide Service or another user's use of the Slide Service;
5. remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices (“Notices“) contained in or on the Slide Site, Slide Service, Slide code embeddable or embedded on a third party web site and/or the Slide Software and You shall reproduce such Notices exactly on all permitted copies of the Slide Software;
6. collect any information about other users or members (including usernames and/or email addresses) for any purpose;
7. create user accounts by automated means or under false or fraudulent pretenses;
8. create or transmit unwanted electronic communications such as “spam,” to other users or members of the Slide Site and/or Slide Service or otherwise interfere with other users' or members' enjoyment of the Slide Site and/or Slide Service;
9. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Slide;
10. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; or
11. use the Slide Site or Slide Services to violate the security of any computer network or transfer or store illegal material.
4. Indemnity. You agree to indemnify and hold Slide (and any employee, officer, director or affiliate of Slide) harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of Your access to or use of the Slide Site or Service, the violation of this Agreement by You, the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity, or for any content posted through the Slide Service by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim You may have against Slide or any Slide Person. You remain solely responsible for all content that You upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Slide Software or the Slide Service.
5. Rights of Slide/Exculpation of Slide. By using the Slide Software, the Slide Service and/or the Slide Site, You acknowledge and agree,
1. Slide(i) has the right to use content (x) uploaded by You or (y) otherwise included by You in content available though the Slide Service, to provide the Slide Service to You and others, to market the Slide Service and/or the Slide Site, to illustrate the operation of the Slide Service and/or the Slide Site, and (ii) claims an exclusive license (including, among other things, the right to make derivative works in the case of certain content submitted by you (see discussion in Section 6, below). Other than as provided in the foregoing sentence, Slide does not claim any copyright or other ownership in any material or content uploaded by You through the Slide Site simply because You have uploaded it through the Slide Service. You are solely responsible for protecting your own content from loss.
2. Slide also has the right to allow other users to make derivative works of Your content solely for display through the Slide Service. For example, a user may add “Stickers” to a photograph uploaded by you, draw on that content or change certain colors. If you do not wish to allow such derivative works to be made from your content, then you must keep that content private and not publish it on social networking sites for the general public to see (and even then, people whom you allow to see your content may make such derivative works).
3. Slide has the right to refuse registration of, or cancel Your user account and/or User ID in its discretion for any reason or for no reason. Any content that has been uploaded through the Slide Service, any Virtual Goods, Virtual Currency, Music (whether purchased or made available without charge) or other characteristic of Your account (e.g., SuperPoke! Pets) may be deleted at any time without notice to You.
4. Slide has the right to make changes to this Agreement, its Privacy Policy, its Copyright Policy, the Virtual Goods Agreement, the Slide Software, or the Slide Service at any time without prior notice. Such modifications will be effective no later than the time such the new terms are posted or otherwise implemented on the Slide Site or in the Slide Service, and may, in certain circumstances, be retroactive.
5. Slide and its licensors own and retain all proprietary rights in the Slide Site, the Slide Service, and all associated software, content and material. The Slide Site and the Slide Service are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, and/or materials available through the Slide Site or Slide Service in whole or in part without the express written agreement of Slide. Except as expressly provided herein, Slide and its suppliers do not grant You any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights. If You submit any ideas regarding products or services (other than certain content discussed below in Section 6), such ideas automatically become the property of Slide, and You automatically forfeit Your right to the intellectual property of these ideas. If You intend to own the intellectual property rights of Your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please send a message to and describe ONLY the general application – do not submit Your concepts to Slide or its employees through any other medium. Please note that a legal agreement may be required by Slide in order to evaluate Your concept(s).
6. Slide has no responsibility for the statements in any message, content or other material posted on or through the Slide Site by any user. If Slide receives notice that an item on the Slide Site is an Infringing Posting or a Prohibited Posting, it will use such efforts as it, in its sole discretion, believes are reasonable, to determine whether such item is an Infringing Posting or a Prohibited Posting (which determination may take into account whether such content is available to the public generally, or offered only through SNS Apps), and if it is, to remove all or a portion of such items. You acknowledge, however, that this is a manual process and that Slide cannot evaluate or remove such items immediately. SLIDE HAS NO OBLIGATION TO ACCEPT OR DISPLAY ANY CONTENT, AND CONTENT UPLOADED BY YOU MAY BE DELETED BY SLIDE FOR ANY REASON OR FOR NO REASON AT ALL.
7. If You believe that any material on the Slide Site or offered through the Slide Service constitutes an Infringing Posting or a Prohibited Posting, please notify Slide as soon as possible by sending an email to , or by mailing a letter to: ABUSE, c/o Slide, Inc., 301 Brannan Street, 4th Floor, San Francisco, CA 94107, or by faxing (415) 449-6776. Please also see our Copyright Policy.
8. Slide is exempt from liability to any person for any claim based upon its good faith termination of Your account or disabling of access to or removal of any content, including material it believes, in its sole discretion to be an Infringing Posting or a Prohibited Posting, regardless of whether the material ultimately is determined to be infringing or otherwise prohibited, regardless of whether such termination or disabling has the effect of erasing all virtual goods, music, virtual currency or other elements that may be reflected in Your account. By using the Slide Service, You agree that notice to You through an email to the email address You provided in Your profile constitutes reasonable efforts to notify You of any removal or disabling if such notice is required, and if you have created an anonymous account, you waive the right to notice, if any is required.
9. Slide reserves the right to reveal Your identity (or whatever information we know about You) in the event of a complaint or legal action arising from any message or other content posted by You or where such information is otherwise relevant. Slide may log all internet protocol addresses accessing the Slide Site and other information about users' access, and maintain backup copies of content indefinitely.
10. Slide may collect and collate a variety of information regarding the use of the Slide Site, Slide Software, or Slide Service by You or by people who use the Slide Service through Your website, watch your content through the Slide Service on third-party websites, or visit social network pages on which you have installed SNS Apps, and may cause the Slide Software to communicate to Slide information about its offline operations. Slide is the sole owner of all such information it collects. Collection and management of such information is governed by our Privacy Policy. You should also be aware that most video delivered through SNS Apps or Slide Widgets originates with another content provider. Such other content providers may place “cookies” on Your browser, or otherwise gather information about You, including by asking You to provide information through the video player itself. We cannot control the operation of video players inserted into SNS Apps by users, and it is up to you to review the terms of use and privacy policy of the originators of such content.
11. Slide uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded to the Slide Site or collected by Slide in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party “hackers” from illegally accessing our site and obtaining access to content or information thereon.
12. The Slide Site, Slide Software or Slide Service may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
13. The Slide Site, Slide Software or Slide Service may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Slide Site, the inclusion of a Slide Widget on a third party's website, or the incorporation of a SNS App or other piece of Slide Software on a third party's website or within a third party's system does not imply approval or endorsement of that website by us. If you decide to access or post a Slide Widget, SNS App or other piece of Slide Software on these third-party websites, you do so at your own risk.
6. Policies related to Skins, Stickers, Sketches and Greeting Cards. By submitting a Skin, Sticker, Sketch or Greeting Card (collectively, “User Created Content”) to Slide you understand and agree that:
   1. Slide does not claim any ownership right in the User Created Content you submit to us, except to the extent of the exclusive license described below. Such User Created Content remains your property, but you may not license them to third parties without our consent.
   2. You warrant that such User Created Content is your original work and that You have the right to license the same to Slide, and that the User Created Content does not violate any third party’s privacy rights, publicity rights, copyrights, trademarks or other intellectual property rights, and You agree to pay for all royalties, fees, and any other monies that may be owing to any person with respect to any User Created Content submitted by you to or through the Slide Service.
   3. You grant to Slide an exclusive, worldwide, perpetual, irrevocable and fully paid-up right to use, modify, reproduce and distribute the User Created Content and any derivative works thereof, together with the right to sublicense. You understand that Slide is not obligated to pay you anything for your User Created Content, or to feature or otherwise display your User Created Content on any page of the Slide website.
7. Policies related to SNS Apps/Mobile Services. Installing or otherwise using any SNS Apps constitutes consent to be bound by these Terms of Use, as well as Slide's Copyright Policy and Privacy Policy, including all provisions related to (a) collection of information, (b) delivery of advertising, and (c) prohibition on certain activities. In addition, Slide Services may include certain services that are available via your mobile phone, including (i) the ability to upload content to Slide or social network sites via your mobile phone (“Mobile Uploads”), (ii) the ability to receive and reply to messages, to poke and receive pokes and to write wall posts using text messaging (“Mobile Communications”), (iii) the ability to access SNS Apps from your mobile phone (“Mobile Apps”), and (iv) the ability to access certain Slide Services through a mobile application you have downloaded and installed on your mobile phone (“Mobile Slide”) (collectively the "Mobile Services"). We do not currently charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Slide and other entities, or allow other users to send you Mobile Communications by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
8. Policies Related to Virtual Goods, Subscriptions, and Virtual Currencies. Slide may from time to time offer you the opportunity to purchase Virtual Goods, either by subscription or a la carte (including Music, or our virtual currency known as “Coins“ or “Slide Gold“), or may award you Coins, Top Dollars or Slide Gold for certain actions or to reflect the passage of time. All matters related to Virtual Goods, Subscriptions and Virtual Currencies are governed by the Slide Virtual Goods Agreement, located at www.slide.com/static/virtual_goods, which are incorporated herein by reference. Acceptance of these Terms of Use constitutes and agreement to be bound by the Slide Virtual Goods Agreement as well. In addition, you should be aware that if we delete your account as provided in these Terms of Use (for example because of your violation of our Copyright Policy), you will lose all Virtual Goods and Virtual Currencies in your account, whether those items were provided to you gratuitously, or due to a payment of cash or the performance of services, and in such event, Slide shall have no obligation to make any refund to you. Until such times as these Terms are changed to the contrary, you will have no right to convert our virtual currency into actual money or into any tangible property.
9. Limitations.
1. WARRANTY DISCLAIMER. THE SLIDE SERVICE, THE SLIDE SITE AND THE SOFTWARE (INCLUDING ANY MOBILE SERVICES) IS PROVIDED BY SLIDE ON AN “AS IS” BASIS. SLIDE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPE