User Agreement
This Agreement sets out the terms and conditions relating to the online content (both free and paid for) The Presentation Guild (“the Siteowner”) will provide to you (“you” or “the User”).
By accessing presentationguild.org (“the site”), you agree to the terms and conditions below. If you use the site in the course of business, you also agree to these terms and conditions on behalf of that business. If you do not agree with the terms and conditions (or you are not authorized to do so), you should not use the site.
If you have any questions, please contact the Siteowner at [email protected] or by using the Contact link at the bottom of this page.
Services and Fees
The Siteowner shall, at its option, provide both free and paid-for content on the site and reserves the right to modify the content as it sees fit. The Siteowner does not guarantee that the free content will remain free of charge or that the paid-for ccontent will remain a paid-for service.
You agree to pay any subscription or membership fees (“fees”) at rates in effect when the charges are incurred. You must provide the Siteowner with complete and accurate payment information. You may pay using a credit or debit card. By submitting credit or debit card details to the Siteowner, you warrant that you are entitled to purchase the paid-for content using those payment details. In the event of an unauthorized payment, the Siteowner reserves the right to suspend or terminate your access to the Site and paid-for content. If no payment authorization is received or payment authorization is subsequently cancelled, the Siteowner may immediately terminate or suspend access to any paid-for content and/or the Site. The Siteowner will try to process your request for any paid-for content promptly but does not guarantee that the paid-for content will be available to you by any specified time.
A contract with you for paid-for content will come into effect when the Username and Password are issued to you. You, having paid the fee for a subscription to the Site’s paid-for content for a defined period, will have no right of cancellation for the supply of the paid-for content other than the right to cancel the subscription for paid-for content. This does not affect your statutory rights. Registration, Passwords and Privacy The use of the Site signifies your consent to the Siteowner collecting and using personal information about you in accordance with the Siteowner’s Privacy Policy. You can read the Privacy Policy at [link]. You do not have to register to access the Site and enjoy the free content. If you wish to access the paid-for content you will be asked to provide accurate, complete registration information, including contact details, and it is your responsibility to update and maintain this information. The Siteowner is entitled to rely on this information to provide paid-for content.
You will also be requested to create a password (“the password”) in a format specified by the Siteowner. You shall not disclose the password to any other person or entity and shall ensure that the password remains confidential at all times. In the event that you know or suspect that a third party knows your password, you must change your password immediately by editing your Profile and you must notify the Siteowner immediately by contacting the Siteowner via the Contact link below. If the Siteowner has reasonable grounds for believing that you have misused or are misusing the password, the Siteowner may change the password or may suspend your access to the Site, including paid-for content until such time as the Siteowner is satisfied that the security of the Site is no longer compromised by your activities.
Limitations on use of the Site
All content and services provided by the Siteowner belong to the Siteowner [or are licensed to the Siteowner by licensors including SubHub Limited]. The Siteowner [or its licensors, including SubHub Limited] own all intellectual property rights in the content and services. The content and services provided are solely for your personal use, and you shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement. You shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services.
You shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Siteowner or its licensors, including SubHub Limited or otherwise relating to the Site.
Limitation of Liability and Indemnity
You expressly agree that the use of and browsing of the Site is at your own risk. Neither the Siteowner nor any other party involved in creating, producing, or delivering the Site, including SubHub Limited, is liable for any direct, incidental, special, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use the Site or any linked site, or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages.
You expressly agree that the downloading of any material from the Site is at your own risk. Neither the Siteowner nor any other party involved in creating, producing, or delivering the Site, including SubHub Limited, is liable for any direct, incidental, special, consequential, indirect, or punitive damages resulting from your downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to you “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every user. You must check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. While the Siteowner will use reasonable efforts to include accurate and up-to-date information on the Site, the Siteowner makes no warranties or representations as to its accuracy or completeness. The Siteowner is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation, or arrangement by the Siteowner or its affiliates or any other party involved in the Site and is not intended to be relied upon in making (or refraining from making) any decisions based on such information. You must make your own decisions on whether or not to rely on any information posted on the Site. The Siteowner reserves the right to modify information displayed on this Site, but it does not make any commitment to update the information displayed on this Site. No party [other than the Siteowner] who is involved in the workings of the Site, including SubHub Limited, will at any time be liable or responsible in any way for the content, including paid-for content, and information provided on or via the Site and for your use of the Site.
Links to Third-Party Sites
From time to time, the Siteowner will include links to third-party sites. These sites are not in any way approved, checked, edited, vetted, or endorsed by the Siteowner, and you agree that the Siteowner shall not be responsible or liable in any way for the content, advertising, or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that you may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between you and any third party named on the Siteowner’s Site are at your sole risk and responsibility, and the Siteowner expressly disclaims any liability for third-party information or opinions posted on this Site or any linked Sites that arise under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.
Indemnity
You agree to indemnify, keep indemnified, defend, and hold the Siteowner and its parent companies, subsidiaries, affiliates, and their respective officers, directors, employees, owners, agents, information providers, and licensors, including SubHub Limited, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from your use of, connection with or conduct on the Site or any breach by you of these terms. The Siteowner or SubHub Limited reserve the right, at its 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 the defense of such claim.
Consequences of Breach of these Terms
In the event that the Siteowner or SubHub Limited considers or determines, in their complete discretion, that you have breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to: (a) warn you that you have violated the Agreement and ask you to discontinue such conduct; (b) discontinue your membership of the site and/or any other related services, including paid-for content; and (c) take measures (including terminating, suspending or restricting your use of the Site) to prevent you from using the Site or linking to the Site.
Third Parties
The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement except in relation to the rights of SubHub Limited.
Proper Law and Jurisdiction
This Agreement and all matters arising from it pertaining to SubHub Limited shall be governed by and construed according to the laws of England and Wales and shall be subject to the [exclusive] jurisdiction of the courts of England and Wales.
This Agreement and all matters arising from it pertaining to the Siteowner (Presentation Guild) shall be governed by and construed according to the laws of the State of Ohio, United States of America and shall be subject to the [exclusive] jurisdiction of the courts of the State of Ohio.
Entire Agreement
This Agreement supersedes all prior agreements, arrangements, and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. You confirm that you have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
This explains what we do with the personal information that the Presentation Guild web site ("the site") user ("you") give the Presentation Guild ("us" or "we"). If you have not already done so, please read our User Agreement before reading this Privacy Policy.
In general, we use the personal information that we collect from you to allow you to use the services and information offered by our website.
This Privacy Policy applies only to this site and other services and products offered by the Presentation Guild ("our services") and not to any other company, individual, organization, or website that you may reach via a link from our website, except for those companies we mention below, if any.
If you have a question about anything contained in this Privacy Policy, please email [email protected]
Consent
Your use of our services signifies your consent to us collecting and using personal information about you in accordance with this Privacy Policy. Should we choose to change our Privacy Policy for any reason, the changes will be posted here. You may re-visit this page to stay informed of how we collect and use your personal information, and when we may disclose it.
Registration Information
Although certain areas of our website are made available to all visitors, before you can use the majority of the site, you must become a Presentation Guild member, which includes sharing some of your details with us. We reserve the right to ask for your date of birth to verify your age. Please note we will not collect the personal information of any individual who tells us he or she is under the age of 18.
How we collect information from you
In order to process your account for the site and in order to reconcile our accounts, PayPal, Stripe or any other such payment partner as we may use from time to time may provide us with information detailing the credits and/or debits made to your credit/debit card.
Cookies
Please see our Cookie Policy page for information on how we handle web cookies.
How we look after your information
We make sure that all of the information we collect from you is as safe as possible. In addition, the service provider where we host this site (SubHub.com) has strict security procedures covering the storage and disclosure of your information in order to prevent unauthorized access and to comply with the UK Data Protection Act 1998. This means that sometimes, we or SubHub may ask you for proof of identity before disclosing any personal information to you.
What do we do with your information?
We use your information to process orders for goods and services you make on our site. We may contact you from time to time to let you know about our services, products and events, which may include sending you newsletters and news on events that you may be interested in. You can elect not to receive most such marketing material at any time by using the unsubscribe link in newsletters or otherwise, emailing [email protected].
When do we give information that you provide us with to other people?
Apart from entities that are involved in helping us to run our site, we never give your information to any third parties. The entities that help us run our site are SubHub, which provides hosting and design services to us, PayPal/Stripe [or other payment provider], which provides credit card payment processing services to us, ClassMarker, which provides certification testing services, Zoom/Teams which provide online conference services.
In order to buy material from our site, you will have to comply with the terms of our payment partners and may need to review and agree to their privacy policies. We and our payment providers will share information with each other only to the extent necessary for the purposes of processing payments you make for materials from our site and to enable us to retrieve payments from them.
SubHub provides the technology on which our Site runs and holds and maintains the databases in which data about our users is contained. SubHub will only use data you provide to the extent necessary to enable us to operate the site. We reserve the right to access and disclose individually identifiable information (i) to comply with applicable laws and government requests, (ii) to be able to operate our systems properly or (iii) to protect ourselves or our users.
How to contact us
If you ever want to change any information you have provided to us, visit your Profile page on the site. If you cannot change the needed information there, please contact us via email at [email protected].