This is a binding legal agreement between the natural person or legal person (“Referrer”, “Customer” or “you”) agreeing to these Referral Terms and Conditions (“Terms”) and Prezi Inc. (“Company”, “Prezi,” “us,” or “we”).
Prezi may at times offer you the opportunity to refer friends via a referral program (“Program”) offered on its mobile application or the website located at https://prezi.com/ (the “Platform”).
BINDING AGREEMENT. By using the Platform or participating in the Program, you are bound by these Referral Terms and Conditions (“Terms”) and indicate your agreement to them. All the Company's decisions are final and binding. These Terms are incorporated in, part of and subject to the Company’s Terms of Service available https://prezi.com/terms-of-use/. (Capitalized terms not otherwise defined shall have the meanings set forth in the Terms of Service.)
REFERRAL PROGRAM ELIGIBILITY. To be eligible to participate in the Referral Program as a Referrer, you must (a) be a legal resident of the United States; and (b) be 18 years old. Prezi may suspend or terminate your ability to participate in the Referral Program in its sole discretion at any time.
HOW THE REFERRAL PROGRAM WORKS. Using the Platform, you can follow the on-screen instructions to refer friends, family members, or colleagues whom you personally know (“Friends”). You may refer as many Friends as you want throughout the entirety of the Program. Once any individual makes a referral, they will become a Referrer and will be provided with a unique referral link (“Personal Link”) that allows him or her to receive the benefit or reward advertised on the Platform, as applicable. Referred Friends must complete the sign-up as described in the referral message.
RESTRICTIONS. Referrers cannot refer themselves or create multiple, fictitious, or fake accounts with the Company. No User may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene, or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot, or other device or artifice to participate or receive any benefit in the Program. The foregoing includes but is not limited to a general prohibition on posting of the referral codes on any website which offers the referral code to anyone other than Friends, i.e. individuals to whom you personally know or otherwise offering referral codes for commercial purposes. If we believe that a referral code associated with a User’s account was used in such a manner, we have the right to remove all credit associated with that account and remove the User from the Prezi Platform. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
INCENTIVES. By making a Valid Referral (defined below), you will receive a reward and your Friend will receive a reward (each, a “Referral Reward”) to be used toward their first sign-up for the Platform, subject to the restrictions set forth below. In order to qualify as a “Valid Referral”, your Friend must not be an existing User of the Platform and must be a first-time User of the Service as a result of your referral. You can earn a maximum of one-time $5000 from Valid Referrals. These rewards may be redeemed in various forms in the Company's sole discretion. Restrictions apply. If the Referral Reward is in the form of a gift card, gift certificate or voucher for goods or services offered by a third party, such Referral Reward may be subject to the issuer’s terms and conditions and Prezi has no responsibility, liability, or obligation once such Referral Reward is issued to Referrer. Referral Rewards are subject to verification; Company may delay a Referral Reward for the purposes of such verification. Company may also refuse to verify and process any transaction for any reason. Unless otherwise stated, Referral Rewards may not be redeemed for cash. Referral Rewards are not transferable and may not be auctioned, traded, bartered, or sold.
INDEMNIFICATION; LIABILITY. YOU UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY PREZI, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PREZI PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. By participating in the Program, you agree to indemnify, defend, and hold harmless Prezi and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Prezi Platform, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or a third party and (iv) any content submitted by you or using your account to the Prezi Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Prezi reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Prezi.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BULK DISTRIBUTION (“SPAM”). Each Referrer is the actual sender of the emails and must comply with all applicable state and federal laws. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent to do so. Bulk email distribution, distribution to strangers, or any other use of the referral link in a manner that is not promoted is expressly prohibited and may be grounds for immediate removal from the Platform and further legal action. The Company has no obligation to monitor your use of the Program; however, the Company may choose to do so and remove any such User Generated Content, or prohibit any use of the Program. If you use the Program (including referral links) in a manner that violates applicable state or federal laws, including anti-spam and data protection laws, you will indemnify, defend, and hold the Company harmless against any liabilities, costs, and expenses. Company incurs as a result of such violation.
RIGHT TO CANCEL, MODIFY, OR TERMINATE. We reserve the right to cancel, modify, or terminate the Program at any time for any reason. We reserve the right to disqualify you at any time from participation in the Program if we have a good faith belief that you have violated any of these Terms.