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Executive Showcase Terms
i. Welcome to Executive Showcase
- Thank you for visiting. We are Executive Showcase and we are happy that you are here! When we say ‘we’, ‘us’ or ‘Executive Showcase’ it is because that’s who we are and we own and run the Executive Showcase site.
- Executive Showcase’s digital marketplace provides a place where professional presentations and tools are bought and Sold online. When you create an account and accept these terms you become a Member of our community. You will have an Executive Showcase Account that will allow you to buy and Sell Items like the ones found on the Executive Showcase site and make other related transactions.
- The Executive Showcase site is a platform that allows members to buy and Sell licenses to use digital Items like PowerPoint presentations and Excel spreadsheet tools. Executive Showcase facilitates transactions between Us, Buyers and Authors via a Payment Method. Any transactions are logged on your Member’s Statement, which records the payments made by you to Authors via Executive Showcase (as a Buyer) and by Buyers via Executive Showcase to you (as an Author).
- The Items on Executive Showcase are owned by the Authors, not by us. We provide a platform; we do not take ownership of the Items or get any rights to use the Items other than to make them available on and promote our site.
ii. Browsing and Membership
You need to be 18 years or over to browse the Executive Showcase site. We don’t knowingly collect any information from anyone aged 18 or under. When browsing the site you agree to follow our guidelines and instructions. These terms apply to any use of our site whether or not you’re a member.
- Age: You need to be 18 years or over to become a member. If you’re under 18 you will need to be under the supervision of a parent or legal guardian who is at least 18 years of age, and this adult will be responsible for all your activities.
- Benefits: Membership is free. A Member receives an Executive Showcase Account. Your membership allows you to ‘buy’ (license) Items from Authors and to keep track of purchases. Membership also provides you the opportunity to become an Author (see section xxxvi - Becoming an Author) and to earn referral income as an Affiliate (see section lv - Becoming an Affiliate).
- Your responsibility: You promise that all information you give us is true, accurate and complete. You agree to keep your account information up-to-date (including a working email address). Your membership is not transferrable. You are responsible for any use of the Executive Showcase site that occurs in conjunction with your username and password. Keep your password secure and do not let any other person use your username or password on your behalf. If you realize there is any unauthorized use of your password or any breach of security you need to let us know immediately.
It is important to understand your responsibilities as a Member of our community. Take the time to review this section and the Executive Showcase Terms carefully.
- Referrals: Refer a new Member to the Executive Showcase site to be eligible for affiliate income. Learn more about the Affiliate Program and the terms applying to referrals here.
iii. Purchasing Items
This section will help you understand what you are buying when you purchase an Item and how that transaction takes place on Executive Showcase.
The Total Price for an Item on Executive Showcase is made up of several components including:
- Buyer Services Fee: When you ‘buy’ an Item you are also paying a fee for the services you get from Executive Showcase. You can read more about the Buyer services on the The Community - Buyer Guide page. The List Price is made up of the: a. Item Price and b. Buyer Services Fee. The List Price is the price you see on an Item page.
- Taxes: Some transactions on Executive Showcase may be subject to tax that may be added to the List Price or handling fee. See section iii.6 below for details about taxes on Executive Showcase.
Transacting as a Buyer:
- Terms of buying: When you buy an Executive Showcase Item you’re doing so on the following terms:
- You promise to us and the Author that you have carefully considered the suitability of your license;
- You cannot cancel a completed purchase of an Item;
- We and the Authors do not promise that any particular Item will continue to be available on Executive Showcase so you should download and save the Item as soon as you buy it;
- Once you purchase an Item and you pay the Item Price, you acquire a non-exclusive license to use the Item under the terms set out in the license (non-exclusive means others might also license the same Item);
- The Author retains ownership of the Item;
- Your state may be provided to the Author of the Item in order to facilitate the transaction, i.e. for invoicing;
- We have the right to enforce the terms of the license that you have acquired from an Author.
- What Authors promise you about Items:
- They own or have rights to use the intellectual property rights in that Item and that Item does not infringe the intellectual property rights of a third party;
- The Item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- The Item does not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- The Item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
This is what Authors are promising you when you buy an Item.
- Prices and fees are inclusive of transactional taxes where relevant.
- You are responsible for paying all other fees and taxes associated with your use of Executive Showcase wherever levied (including withholding tax, if applicable). We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
- Items with an incorrect price or incorrect information:
Despite our reasonable efforts, Items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, you must not use the Item.
- Given the nature of downloadable digital Items, we do not generally offer a refund or credit on a purchase unless required under relevant consumer protection laws. If you would like to request a refund or credit on a purchase, you should submit a request via the Contact Us page within 30 days of your purchase.
- We will assess refund or credit requests on their merits, considering the digital nature of Executive Showcase Items and the type of Item preview that was available before purchase. There is no obligation to provide a refund or credit in situations like the following:
1. You have changed your mind about an Item;
2. You bought an Item by mistake;
3. You do not have sufficient expertise to use the Item;
4. You ask for goodwill or;
5. You can no longer access the Item because it has been removed by its Author from Executive Showcase (we advise you to download Items as soon as you buy them to avoid this situation).
If we decide to issue a refund or credit, this will be done using the same manner used to make the purchase. So if the Item was bought using a particular Payment Method you will be refunded using the same Payment Method in reverse.
- Disputes lodged with payment agents: If, as a Buyer, you lodge a dispute with a payment agent, this may result in a freezing of your Executive Showcase Account until the dispute raised with the payment agent has been closed. This makes it very complex to resolve any related issues, so we encourage Buyers to contact us directly first to see if we can help resolve any concerns.
iv. Becoming an Author
If you want to get involved in our community as an Author find out how here. Remember that if you become an Author these terms will continue to apply, along with the Author Terms you’ll sign up to as an Author.
To find out more about how to become an Author visit the ‘Become an Author’ guide here.
v. Intellectual Property
- What we own: We own all the Executive Showcase Content we have put on Executive Showcase (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Executive Showcase site, and copyright, trademarks, designs and other intellectual property on Executive Showcase. We own all the trademarks, logos, service marks and trade names on Executive Showcase (unless otherwise stated and excluding those owned by others). You will not copy, distribute, modify or make derivative works of any of our Executive Showcase Content or use any of our intellectual property in any way not expressly stated in these terms.
- What we don’t own: We do not own the Items on Executive Showcase; our Authors do. Therefore, we cannot take responsibility for the quality, safety or legality of the Items. We do not warrant that the Items or any Member content, code, data or materials available on or via the Executive Showcase site do not infringe the intellectual property rights of a third party. Each Author provides warranties to you directly when you purchase their Item – see section iii.5 above - What Authors promise you about Items.
- Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that Authors do the same. If you believe that an Item or Member content infringes an intellectual property right (including copyright) see the information in our Content Policy.
Our Content Policy is where you will find all the information relating to how we treat intellectual property on Executive Showcase including copyright and other rights.
vi. Our use of your information
- Privacy: We respect your privacy. When you become a Member you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the Executive Showcase site and their services, including marketing activities.
- Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, be aware that we can’t promise that your use of Executive Showcase will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using Executive Showcase, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through Executive Showcase to any other person.
vii. Fair Participation
- Prohibited Conduct: Executive Showcase is founded on the idea of a professional community and like any functioning and healthy community, some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on Executive Showcase. You promise that you will not:
- Use a false email address, impersonate others, or misrepresent your affiliation with others;
- Attempt to gain unauthorized access to computer systems or content through Executive Showcase;
- Attempt to contact other members through Executive Showcase or use any information gained from Executive Showcase with the intention to make a private arrangement that would otherwise be made using Executive Showcase;
- Enter any arrangements that are not consistent with these terms or the Author Terms;
- Use information gathered from or through Executive Showcase in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like our site);
- Attempt to or actually interrupt, negatively impact or alter Executive Showcase operations in any way;
- Use Executive Showcase or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
- Modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or Sell or re-sell any information, content, software, or Item obtained from or through Executive Showcase, other than in accordance with these terms or the license for the Item.
- We strongly recommend that you don’t make your contact details public on Executive Showcase or in any communications via the Executive Showcase site. Contact details include your email address, street address, Skype name and phone number. If you do, it must not be for any reason prohibited under section vii.1 - Prohibited Conduct and you do so at your own risk!
- Content removal: We can look at or remove any of Your Content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the use of Your Content is unauthorized, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of Executive Showcase and any content might result in liability to us or anyone else.
- Community participation: We take great pride in our community and our site. We focus on transparency and mutual respect and invite you to participate and give feedback. Before participating on or with Executive Showcase, please read the Community Guidelines, as you agree to follow them as part of these terms.
viii. Linking; apps made by others
- Linking to Executive Showcase: If you decide to link to Executive Showcase from another site you have to link to a full version of a page as seen by someone navigating directly to the Executive Showcase site so it looks the way we’ve intended and is not linked directly to an image hosted on Executive Showcase. That includes no “in-line” linking methods resulting in images hosted on Executive Showcase being displayed on another site. You must not “frame” any Executive Showcase pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to Executive Showcase be discontinued, and to revoke your ability to link to Executive Showcase.
- Links from Executive Showcase: The Executive Showcase site may contain links to other non-Executive Showcase sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
- Third party Consultants: We welcome the contribution of our members and broader community who offer Consulting Services on Executive Showcase. You will need to form your own view about these Consultants and we disclaim all liability relating to them.
ix. Legal Housekeeping
- Eligibility, suspension or termination: Membership is not an automatic right; it is a benefit for community members who follow our reasonable rules and treat other community members well. We reserve the right, based on our reasonable discretion, to determine whether or not your use of Executive Showcase complies with these terms. We can suspend or terminate your Executive Showcase Account at any time for any reason, including if you don’t comply with these terms. If we do decide to permanently terminate your Executive Showcase Account you must not apply for a new account, as you will no longer be welcome in our community.
Our indemnity to you
- We provide Executive Showcase, not the Items on Executive Showcase. We are liable and responsible for:
- Our use of Executive Showcase;
- The services, messages, Executive Showcase Content, or other information we send through Executive Showcase;
- Executive Showcase Content breaching of any intellectual property rights belonging to others;
- Our breach of these terms;
- Our breach of any industry code, regulation or law that applies.
- You have no responsibility to us for matters set out in the previous section ix.2 – Our indemnity to you.
Your indemnity to us
- You are liable and responsible for:
- Your use of Executive Showcase;
- The Items, message, content, information, software or other materials you send through Executive Showcase;
- Your Content breaching any intellectual property rights belonging to others;
- Your breach of these Executive Showcase Terms;
- Your breach of any license of an Item;
- Your breach of any industry code, regulation or law that applies.
- We have no responsibility to you or to any other person for all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to any of the matters set out in the previous section ix.4 – Your indemnity to us. You agree to indemnify us, our directors, officers, employees and agents from all losses.
This means that you protect us from costs and claims that happen because of your actions on the Executive Showcase site.
- We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- Availability: We strive to have Executive Showcase available to you 24 hours a day, seven days a week but occasionally you might not be able to access Executive Showcase, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Executive Showcase works. We will not be liable to you for any loss you suffer as a result of these things.
- Third party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal Authority to bind that third party.
- Disclaimer: In some places there may be consumer or fair trading laws that apply and that may give you rights that we cannot exclude, restrict or modify (‘non-excludable law’). We do not exclude or modify any non-excludable law. Except as provided in a non-excludable law, we are bound only by the express promises made in these terms and we are not bound by implied terms. Except as provided in a non-excludable law, our and each Author’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at our or the Author’s option, to either replacement or paying the cost of replacement.
- Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the Authors only for the limited purposes of the Authors’ providing warranties to Buyers in section iii.5 - What Authors promise you about Items.) and the disclaimer of Authors’ liability to Buyers in section ix.6 - Disclaimer.
- Notices: Any notice you send to us must be submitted via the Contact Us page. Any notice we send to you will be emailed to your Executive Showcase Account email address.
- Changes to Executive Showcase Terms: We reserve the right to change any of our terms at any time and will update them on the Executive Showcase site.
- Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
- Applicable Laws: We control and operate Executive Showcase from the United States. The laws of Kansas govern these user terms, and you submit to the jurisdiction of the courts there.
a Member who makes Items available for sale on Executive Showcase.
a Member who ‘buys’ Items on Executive Showcase.
Buyer Services Fee:
the fee for the services Buyers get from Executive Showcase.
Executive Showcase Content:
all the content we have put on Executive Showcase including the design, compilation, and look and feel of Executive Showcase, and copyright, trademarks, designs and other intellectual property on Executive Showcase (unless otherwise stated and excluding content owned by others like Author content).
the Executive Showcase digital marketplace.
Executive Showcase Account:
what you receive when you become a Member which gives you access to the Executive Showcase site.
the price Buyers pay for the license to use an Item, as detailed in section iii.1 Item Price.
digital goods found on Executive Showcase like PowerPoint presentations, Excel spreadsheets and other tools.
the price you see on an Item page on Executive Showcase, which is made up of the Item Price and Buyer Services Fee.
person who establishes an account agreeing to and accepting all Executive Showcase terms.
the record of payments by you to Executive Showcase (as a Buyer) and by Executive Showcase to you (as an Author).
any payment agent or method we make available on Executive Showcase.
price the Buyer will pay in total, which consists of the Item Price, Executive Showcase's Buyer Services Fee and any taxes that may be added, as detailed in section iii - Purchasing Items.
everything you post on Executive Showcase, or send via Executive Showcase to other members and to us including Items, files, communications and materials.