Terms of Service

Effective date: July 10, 2016

IMPORTANT! If you are not of legal age to form a binding contract (in many places, this is 18 years old), then you must get your parent or guardian to read these terms and agree to them for you, before you use Haiku Deck or provide any information to us. Please review this agreement with your parent or guardian so that you both understand how Haiku Deck works and what restrictions apply to your use of our websites and services. Remember, always get an adult's permission before going online.

A Note from Haiku Deck

We’re glad you’re here! Before you use our websites, apps, and services (“Services”) there are a few rules to which you must agree. You are free to reject these terms, but unfortunately, that means you won't be able to use the Services anymore. If you use the Services in any way after a change to the Terms is effective, then please remember that means you agree to all of the Terms.

If you have questions, comments, or concerns regarding these Terms or the Services, please contact us at team@haikudeck.com or by using the information at the bottom of these terms.

If you register on behalf of a business or organization, you represent to Haiku Deck that you have the authority to bind that business or organization and that your acceptance of this Agreement will be treated as acceptance by that business or organization.

Changes and Modifications

Haiku Deck may change or amend these terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.

As long as you comply with this Agreement, Haiku Deck grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

Links To Other Sites

The Service may contain links to or allow you to interact with and make use of other independent third-party websites, products or services ("Third-Party Sites, Products and Services"). Access to Third-Party Sites, Products and Services is provided solely as a convenience to our visitors. Such Third-Party Sites, Products and Services are not under Haiku Deck’s control and Haiku Deck does not necessarily endorse the content, advertising, products, services or other materials on or available from such Third-Party Sites, Products and Services. Your use of any Third-Party Sites, Products and Services may be subject to the third-party provider's terms and conditions and privacy policy and may involve the disclosure or transfer of information from or about you to the third-party provider. You will need to make your own independent judgment regarding your use of and interaction with any Third-Party Sites, Products and Services. You acknowledge and agree that Haiku Deck is not responsible for the availability of any Third-Party Sites, Products and Services and that Haiku Deck shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or interaction with any Third-Party Sites, Products and Services.

Description of Service

The Haiku Deck Service is a presentation tool for quickly and easily creating presentations for sharing online or in person. The Service brings the best practices of presentation experts together with photos and ideas from around the internet to allow you to seamlessly create your own high-quality presentations, post them to the internet, and share them with friends and colleagues.

Conditions of use and user conduct

As a condition of use, and the licenses granted to you herein, you agree to the following:

  • Certain components of the Service permit or require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Haiku Deck immediately of any unauthorized use of your account or password, or any other breach of security. If your account is a single user account, you must not knowingly allow others to use your account or password.
  • You must not use the Service to harass, threaten, impersonate, or intimidate anyone.
  • You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • You must not upload, post, email, transmit, publicly perform, or otherwise make available any content that violates the copyright, trademark, publicity, privacy, or other rights of third parties. You must comply with all intellectual property and other laws applicable to your use of the Service.
  • You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You must not violate any laws applicable to your use of the Service (including but not limited to intellectual property laws).
  • You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
  • You must not use the Service, or any presentation produced on or using the Service, to falsely suggest an affiliation, sponsorship, or endorsement on the part of Haiku Deck for the topic and/or creator of the presentation.

Age Restrictions

Haiku Deck takes the privacy of its users very seriously. To review the entire current Haiku Deck Privacy Policy, please click here. Haiku Deck is not currently directed to children and we expect that use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy. In the United States, if you are the sponsor of a Sponsored Group (the “Sponsor”), including a School that is using Haiku Deck, that includes children under the age of 13, you (or your school) assumes the responsibility for complying with the U.S. Children's Online Privacy Protection Act (“COPPA”) and, to the extent applicable, The Family Educational Rights and Privacy Act (“FERPA”). This means that the Sponsor must notify parents/guardians of the information to be collected and obtain parental/guardian consent before collecting and sharing with the Service the personal information of children under the age of 13 in order to establish an account or use the Service. Schools may under appropriate circumstances provide such consent on behalf of parents/guardians. If you are outside of the United States, please ensure that you are complying with any laws applicable to you before submitting any child’s personal information or permitting any child to submit personal information to us. If a school outside the United States wants to enable its students to use Haiku Deck, Haiku Deck will work with such schools on case by case basis to ensure compliance with any applicable laws regarding the collection of information from minors.

If you are a student under 13, please do not send any personal information about yourself to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Services. If we learn we have collected personal information from a student under 13 without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us immediately at privacy@haikudeck.com.

If you are a school, district, or teacher registering on behalf of students, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Services. You are responsible for understanding how any Publisher Software (defined and described below) that you install on behalf of yourself or other users may collect and use information of users of Haiku Deck's Services. When obtaining consent, you must provide parents and guardians with our Privacy Policy. You must keep all consents on file and provide them to us if we request them. For more information on COPPA, please click here. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.

You represent and warrant that you are of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf, as we described earlier). If you're agreeing to these Terms on behalf of an organization or entity (for example, if you're an administrator agreeing to these Terms on behalf of your district), you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms.

Users between 13 and 18 need permission from a parent or guardian. Users between 13 and 18 years of age may utilize a Haiku Deck account established by their parent or legal guardian, with such parent or guardian’s approval. If you permit your child or legal ward between 13 and 18 years of age (“Child”) to use the Service, you hereby agree to these Terms of Use on behalf of both yourself and your Child. You further agree that you are solely responsible for any and all use of the Service by your Child regardless of whether such use was authorized by you.

Account Types

Haiku Deck offers a variety of user accounts. You can find out about all the types of accounts, as well as their features and pricing by clicking ‘pricing’ at the top of www.haikudeck.com. Classroom accounts are intended to be used by a teacher extending the privileges of Haiku Deck Pro to his/her students. Each classroom account entitles a single teacher and his/her students to use the features extended in this version of the app.

User Content & Options

General

Haiku Deck offers a number of ways to share, or not share, your presentation with others.

Haiku Deck Public (free) Accounts

If you have a Haiku Deck Public (free) account, all of the content you create, including all of the information within your presentations, will be available to anyone who has access to the internet (“Public User Content”). Public presentations can be viewed by other Haiku Deck users, will appear in the searchable Haiku Deck database, and will be available for others to access, view, and reuse online. Accordingly, you hereby do and shall grant to each User and to the public a worldwide, non-exclusive, revocable license to access, view, reuse, and publicly perform your Public User Content. This license ends when you delete the presentation or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it.

Haiku Deck Pro (paid) Accounts

If you have a Haiku Deck Pro (paid) account, you can choose to make your content Public User Content, or Private User Content. Presentations designated as Private User Content will not be available to the public. Rather, they will be available to you, and to those Haiku Deck users with whom you have chosen to share the content. You may invite one or more people (a “Viewer”) to view your presentation by sending them a “share” link. You hereby do and shall grant to each Invited Viewer a worldwide, non-exclusive, revocable license to access, view and publicly perform your Private User Content. This license ends when you delete the presentation or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it.

Allowing Re-use

All Haiku Decks are are designated as public and re-usable by default. You may choose to make public content not reusable. Users with paid accounts, including students enrolled in a Haiku Deck Classroom account for which their teacher, school, or district may have paid on their behalf, may designate decks as private or restricted. When you allow re-use of your Public User Content, you hereby do and shall grant to each user of the Service a worldwide, non-exclusive, revocable license to use, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit your content. This license ends when you delete the presentation or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it.

Licenses you grant to Haiku Deck for use of Public User Content and Private User Content

In order to provide the Service to you in accordance with these terms, we need certain licenses from you in order for us to, e.g., host, store and display the content. For example, we need the right to publicly display/perform the work to allow us to display it on the computer monitor of any party who is not the copyright holder. We need the right to reproduce the content so that it can be saved to our servers. We need to create derivative works and modify the content, for example, when transcoding an uploaded image into a format that will work most efficiently with the Service.

With respect to Private User Content, you hereby do and shall grant to Haiku Deck (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content SOLELY FOR THE PURPOSE of providing you, and those with whom you have shared your presentations, with the Service. This license ends when you delete your Private User Content or your account is closed (either by you or by us), except (i) to the extent that your Private User Content has been shared with others and they have not deleted it and (ii) that we retain a license to maintain a back-up copy of your Private User Content indefinitely.

With respect to Public User Content, you hereby do and shall grant to Haiku Deck (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content (1) for the purpose of providing you, and those with whom you have shared your presentations (including the public), with the Service; and (2) in connection with promotion and marketing of Haiku Deck products and services, including without limitation allowing third parties to search or index the content, in connection with email promotions, product demonstrations, and the like. This license ends when you delete your Public User Content or your account is closed (either by you or by us), except (i) to the extent that your Public User Content has been shared with others and they have not deleted it and (ii) that we retain a license to maintain a back-up copy of your Public User Content indefinitely.

Regardless of whether you designate content public or private, Haiku Deck makes no claim of ownership to your User Content, and obtains no rights to your content other than as provided for herein.

Expiration and revocability of licenses

Haiku Deck makes it easy for users with qualified accounts to change a presentation’s public/private, and disallow reuse status at any time.

However, uses made of your presentation or the underlying User Content, whether by Haiku Deck or its users, are subject to the licenses that were in place at the time such use was originally made by the person or entity who originally made the use. For example, licensed uses of Public User Content, or content that allows reuse, may continue to be made after such content is designated Private User Content, by those users who previously used the content under the prior license.

Third-Party Content

Haiku Deck gives you the option, when creating or editing a presentation, to search for and insert third party content, such as images, into your presentation. Such third party content is subject to certain license terms. For example, if you use an image that is licensed pursuant to a Creative Commons license that prohibits commercial use, you may not use the image for commercial purposes. Some license terms may limit the manner in which you are permitted to share content with others, or to allow re-use of a presentation. You agree to review and comply with the license terms applicable to any third party content in a presentation.

Payment Terms

You agree to pay the then-current fee for the account type (e.g., Public, Premium, Pro, or the like) you have selected. The current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date your free trial expires. Fees charged for one account type may not be credited towards other account types. All currency references are in U.S. dollars unless otherwise noted.

Payment for Subscription

You agree to pay the then-current fee for the account type (e.g., Public, Premium, Pro, or the like) you have selected. The current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date your free trial expires. Fees charged for one account type may not be credited towards other account types. All currency references are in U.S. dollars unless otherwise noted.

Fraud Protections

To protect against potential fraud, Haiku Deck may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between $0.01 and $0.99 from your credit card account and then immediately crediting the same amount back to your credit card, as well as asking you to verify the amount debited in order to confirm that you are in possession of your credit card. Haiku Deck will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing Haiku Deck with your credit card information, you authorize Haiku Deck to debit and credit your credit card account for an amount less than one dollar for such verification purposes.

Cancellation of Subscription

Payment for subscriptions is non-refundable. If you cancel your recurring payment option, your account will remain active until its next renewal date. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion), you will not be given any refund.

Termination

If your credit card is invalid for any reason, your Haiku Deck Pro (paid) account will revert to a Haiku Deck Public (free) account and will be subject to the limitations of a free Haiku Deck Public account; provided, however, that Haiku Deck reserves the right to cancel your account entirely in such case. You will have the option of deleting any User Content from your account prior to its reversion to a Haiku Deck Public account. Haiku Deck further reserves the right to cancel, or revert to a Haiku Deck Public account status, the account of any user who attempts to fraudulently obtain Haiku Deck educational pricing.

Intellectual property infringement, warranties

If you believe that Haiku Deck, or any user of the Service, has violated a copyright, trademark or other right you claim in your work, please contact us pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) at copyright@haikudeck.com and review our copyright policy for more details on how to properly notify us of a DMCA issue.

When you upload User Content on or through the Service, you represent and warrant that, with respect to all User Content that you upload, transmit, publish and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, or otherwise exploit such User Content in connection with the Service (and to grant to Haiku Deck the licenses set forth in this Agreement); (b) the User Content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Service.

Copyright and Trademark Infringements

Haiku Deck respects the intellectual property of others, and we ask you to do the same. Haiku Deck may, in appropriate circumstances and at our discretion, terminate or suspend service and/or access to the Service or Restricted Areas of the Service to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on our Service, please provide Haiku Deck copyright agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Haiku Deck to locate the material.
  • Information reasonably sufficient to permit Haiku Deck to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Haiku Deck agent for notice of claims of copyright or trademark infringement on this Service can be reached as follows:

By email: copyright@haikudeck.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  • A physical or electronic signature of the user.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person.
  • Such written notice should be sent to our designated agent as follows:
  • By email: copyright@haikudeck.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Only the intellectual property rights owner may report potentially infringing items through Haiku Deck reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

Haiku Deck’s Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Haiku Deck Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Haiku Deck Content, contained on the Service is owned, controlled, or licensed by or to Haiku Deck, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.

As a user of the Haiku Deck Service, Haiku Deck grants to you a non-assignable, non-transferable, non-sublicensable license, revocable at any time at Haiku Deck sole discretion, to use (i) the Haiku Deck name and (ii) the Haiku Deck logo, unaltered, unmodified, and as it appears on the haikudeck.com website solely for the purpose of truthfully referring to Haiku Deck, including for use in creating a website that explicitly references Haiku Deck (the “Use License”). In addition to the restrictions above, such Use Licenses are expressly conditioned on: (i) no Haiku Deck Content may be used in a manner that creates confusion among consumers or that suggests that you (or your website) are sponsored or endorsed by Haiku Deck, or affiliated with Haiku Deck, (ii) no Haiku Deck Content beyond the Haiku Deck name and logo may be used, (iii) any such use must be of the full Haiku Deck name and/or unaltered and current Haiku Deck logo, (iv) any such use may in no way disparage Haiku Deck, any user of the Haiku Deck Service, or any third party, and (v) any website that uses Haiku Deck Content must include prominent text to the effect that “this website is not affiliated with or sponsored or endorsed by Haiku Deck.” You agree to make no other uses of the Haiku Deck name and logo beyond those expressly allowed herein, pursuant to a Use License.

Except as expressly provided in this Agreement or otherwise permitted by law, no Haiku Deck Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Haiku Deck’s express prior written consent.

Termination; Breach of This Agreement

You agree that Haiku Deck may, at its sole discretion and without prior notice, terminate your account, your access to the Service, and/or block your future access to the Service, without providing a refund of any subscription fees. But way of example, but not by way of limitation, we may terminate your account if we determine that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service. Please note that it is Haiku Deck’s policy to terminate the accounts of users who repeatedly violate the intellectual property rights of third parties.

If Haiku Deck takes any legal action against you as a result of your breach of this Agreement, Haiku Deck will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to Haiku Deck.

Disclaimer of Warranties

While Haiku Deck attempts to make User Content available through the Service, Haiku Deck does not guarantee access to, or hosting of, your User Content. For example, if User Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled. You agree that Haiku Deck will not be liable to you or to any third party for termination of your access to the Service for any reason.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HAIKU DECK AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS ( “HAIKU DECK AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. HAIKU DECK AND HAIKU DECK AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.

ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAIKU DECK, HAIKU DECK AFFILIATES, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAIKU DECK AND HAIKU DECK AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT HAIKU DECK MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HAIKU DECK, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

YOU SPECIFICALLY ACKNOWLEDGE THAT HAIKU DECK AND HAIKU DECK AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, HAIKU DECK AND/OR HAIKU DECK AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Please Review Presentations For Appropriate Content Before Use

Haiku Deck has not reviewed the presentations featured on the Service to determine whether they are suitable or appropriate for your intended audience. Before using any of the presentations featured on the Service, please PREVIEW THEM CAREFULLY to ensure that the materials are appropriate for your audience, and for any other uses you intend to make. Haiku Deck is not responsible for the content of any presentations on the Service. If you find any content on the Service that you believe is objectionable, or that violates Haiku Deck’s terms of use or conduct guidelines, please feel free to notify us at support@haikudeck.com.

Disclaimer of Warranties

Your use of this Service, any Software and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by Haiku Deck, and they may include inaccuracies or typographical errors. Haiku Deck does not warrant the availability, accuracy, access, or timeliness of the Materials or the Third Party Content contained on this Service. Haiku Deck has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by Haiku Deck or our licensors.

HAIKU DECK, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICE, THE SOFTWARE, THE SERVICES OR ANY MATERIALS OR THIRD PARTY CONTENT. RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SERVICE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE SOFTWARE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HAIKU DECK DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Local Laws; Export Control

Haiku Deck controls and operates this Service from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Service outside the United States of America, you are responsible for following applicable local laws.

General Terms

This Agreement is the whole legal agreement between you and Haiku Deck. It governs your use of the Service and completely replaces any prior agreements between you and Haiku Deck with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from Haiku Deck.

Governing Law

Washington law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Service will be heard in the courts located in Washington. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Haiku Deck’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and Haiku Deck and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Haiku Deck about the Service. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

Severability of Terms; Non-waiver of Terms; Assignment

If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Haiku Deck does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. Haiku Deck may assign or delegate some or all of its rights and obligations under this Agreement.

How to contact us

You may contact us by visiting: https://www.haikudeck.com/about

Haiku Deck’s mailing address is:

Haiku Deck Inc

999 3rd Ave. Suite 700

Seattle, WA 98104

(206) 651-5322

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