amendment to slideshare.net terms of serviceepic.org/foia/gov2.0/gsa_slideshare_amendment.pdf ·...

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AMENDMENT TO SLiDESHARE.NET TERMS OF SERVICE APPLICABLE TO GOVERNMENTAL USERS/CHANNEL PARTNERS This Amendment, agreed to by both parties, applies to the following governmental age ncy/department ("Agency", "User", or "You") : GE NERAL SERVICES ADMINI STRATION. Yo u, as a United States Gover nment entity, are required, when entering into agreements with other parties, to follow applicable federal laws and regulations, including those related to eth ics, limitations on indemnification, fi scal law constraints, ad vertising and endorsements, freedom of inform ation, governing law and dispute re solution forum. SlideShare, LLC ("SLIDESHARE" or "We") and You (together, the "Parties") agree that modifications to the Sli deS hare.net standard Terms of Service, available at www.SlideSha r e.net/terms (the "TOS") are appropriate to accommodate Your legal status, Your public (in contrast to private) mission, and other special circumstances. Accordingly, the TOS are hereby modified by this Amendment as th ey pertain to Age ncy's use of the Sli deS hare.net services. A. Government entity: "You" with in the TOS shall mean the Agency itself and shall not apply to, or bind (i) the individual(s) who ut ili ze the SliDESHARE Site or Services on Agency's behalf, or (i i) any individual users who happen to be employed by, or otherwise associated with, th e Agency. B. Public purpose: An y requ i re ment(s) set forth with in the TOS that use of t he SliDESH ARE Si te and Serv ic es be for private, personal and/or non-commercial purposes is hereby waived. C. Agency content serving the pUblic: SliDE SHA RE hereby appro ves Ag ency's distribution or other publication via the Services of materials which may contain or constitute promotions, advertisements or so licit ations for goods or services related to the Ag ency's mission. D. Advertise ments : sLi DE sHARE hereby agrees not to serve or display any co mm ercial advertisements or solicitations on any pages compr isi ng an y channel within the SLIDES HARE S it e created by the Agency. This exclusion shall not extend to house ad s, which SLiDESHARE may co ntinue t o serve on such pa ges. E. Indemnification : All ind em nification provisions of t he TOS are hereby waived. In their place, t he Parties expressly agree that You r liability, if any, r esu lting from any brea ch by You of this Amendment or otherw i se, shall be determined under the Federal Tort C la ims Act , 28 U.S.c. Sect ion 2671 et seq., or other govern ing authorit y.

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Page 1: AMENDMENT TO SLiDESHARE.NET TERMS OF SERVICEepic.org/foia/gov2.0/GSA_Slideshare_Amendment.pdf · SliDESHARE Site or Serv ices , this Amendment shall pre vai l. This Amendment may

AMENDMENT TO SLiDESHARE.NET TERMS OF SERVICE APPLICABLE TO GOVERNMENTAL USERS/CHANNEL PARTNERS

This Amendment, agreed to by both parties, appl ies to the following governmental agency/department ("Agency", "User", or "You") : GENERAL SERVICES ADMINISTRATION.

You, as a United States Government entity, are requi red, when entering into agreements with other parties, to follow applicable federal laws and regulations, including those rela ted to eth ics, limitations on indemnification, fiscal law constraints, advertising and endorsements, freedom of information, govern ing law and dispute resolut ion forum. SlideShare, LLC ("SLIDESHARE" or "We") and You (together, the "Parties" ) agree that modifications to the SlideShare.net standard Terms of Service, available at www.SlideSha re.net/terms (the "TOS") are appropriate to accommodate Your legal status, Your public (in contrast to private) mission, and other special circumstances. Accordingly, the TOS are hereby modified by this Amendment as they perta in t o Agency's use of the SlideShare.net services.

A. Government entity: "You" with in the TOS shall mean the Agency itself and shall not apply to, or bind (i) the individual (s) who utili ze the SliDESHARE Site or Services on Agency's behalf, or (i i) any indivi dual users who happen to be employed by, or otherwise associated with, the Agency.

B. Public purpose: Any requ irement(s) set forth with in the TOS that use of the SliDESHARE Sit e and Services be for private, personal and/or non-commercial purposes is hereby waived.

C. Agency content serving the pUblic: SliDESHARE hereby approves Agency's distribution or other publication via the Services of materials which may contain or constitute promotions, advertisements or solicit ations for goods or services related to the Agency's mission.

D. Advertisements: sLi DEsHARE hereby agrees not to serve or display any commercial advertisements or solicitations on any pages comprising any channel within the SLIDES HARE Site created by the Agency. This exclusion shall not extend to house ads, which SLiDESHARE may continue to serve on such pages.

E. Indemnification : All ind em nification provisions of t he TOS are hereby waived. In their place, t he Parties expressly agree that Your liability, if any, resu lting from any breach by You of this Amendment or otherwise, shall be determined under the Federal Tort Cla ims Act , 28 U.S.c. Section 2671 et seq., or other govern ing authority.

Page 2: AMENDMENT TO SLiDESHARE.NET TERMS OF SERVICEepic.org/foia/gov2.0/GSA_Slideshare_Amendment.pdf · SliDESHARE Site or Serv ices , this Amendment shall pre vai l. This Amendment may

F. Governing law: The choice of law/ jurisdiction provis ion of the TOS is hereby deleted.

G. Ownership of nomes: Provisions in the TOS related to SLiDESHARE's ownership of and right to change Your selected user name, channel names, and group names, are modified to accommodate Agency's proprietary and/ or practical operational interest in its own publicly­recognized name and the names of Agency programs.

H. Modifications of User Content: SLiDESHARE agrees that the right reserved in the TOS to "modify" Your content is limited to technical actions necessary to index, format and display that content. The right to modify does not include the right to edit or otherwise alt er the meaning of the content. Notwithstanding t he foregoing, nothing in this Amendment shall result in an expansion of You r rights as a United States Government entity under the Copyrigh t Act of 1976 (17 U.s.c. §§101 et sec.), specifically including Section 105 of said Act.

I. Limitation of Liability: The Parties agree that nothing in the Limitation of Liability clause or elsewhere in the TOS in any way grants SLiDESHARE a wa iver from, re lease of, or limitation of liability pertaining to, any past, current or futu re vio lation of federal law.

J. Uploading, Deleting: Th e Parties understand and agree that You are not obligat ed to place any User Co ntent on the SLiDESHARE Site, and You reserve the right to remove any and all User Content at Your sa le discretion.

K. No endorsement: SLiDESHARE agrees that Your tradema rks, logos, service marks, trade names, or th e fact that You have a presence on t he SLiDESHARE Site and use its Services, shall not be used by SLiDESHARE to imply an endorsement, sponsorship or recommendation of SLiDESHARE or its services by You or the Federa l Government.

L. No business relationship created: The Parties are independent entities and nothing in this Amendment or TOs creates and agency, partnersh ip or joint venture.

M. No cost agreement: Nothing in thi s Amendment or TOS obligates you to expend appropriations or incur financia l obligations. The Parties acknowledge and agree t hat none of t he obligations ari sing from this Amendment or TOS are contingent upon the payment of fees by one party to the other.

N. Future f ee based arrangements: You understand that in the future SlideShare may offer additional services for a fee. Before deciding to enter into any fee-based service SLiDESHARE may offer in the future, You agree to determine if you r Agency has a need for those additiona l services, to consider the subscription's value in comparison wi th co mparable services available elsewhere, to determine that Agency funds are available for payment , to prope rly use the Government Purchase Card if that Card is used as t he payment method, t o review th is Amendm ent and the then-applicable TOS for conformance to federal procurement law, and in all other respects to follow app licab le acquisition laws, regulations, and agency guidelines when in itiating that separate action.

Page 3: AMENDMENT TO SLiDESHARE.NET TERMS OF SERVICEepic.org/foia/gov2.0/GSA_Slideshare_Amendment.pdf · SliDESHARE Site or Serv ices , this Amendment shall pre vai l. This Amendment may

O. Assignment: Neither party may assign its obligations under th is Amendment or TOS to any third party without prior written consent of the other.

P. Precedence; Further Amendment; Termination: If there is any conflict between this Amendment and the TOS, or between this Amendment and other ru les or policies on the SliDESHARE Site or Services, this Amendment shall prevai l. This Amendment may be further amended only upon written agreement executed by both Parties. Either party may terminate Agency's account and end the SliDESHARE service agreement on 30 days written notice.

Q. Posting of this Amendment: The provision of the TOS requiring modifications to the TOS to be posted on SLiDESHARE is inapplicable since this Amendment is of limited not general application, and is otherwise waived for this special circumstance.

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