Last Updated: 10/8/2020
These Registrant Terms of Service (“Registrant Terms”) are a legally binding agreement between Demio Inc., a Florida corporation (“Company”), and the person or entity agreeing to these Registrant Terms, on behalf of itself and its applicable affiliates (“Registrant”). These Registrant Terms may be updated at any time. In the event of an update to the Registrant Terms, Registrant will be emailed a notification and will be deemed to agree to the updated version upon continued use of the Demio services.
- Notifications. You agree to receive emailed notifications about any event (“Event”) you are attending on the Demio platform (“Platform”). You may unsubscribe from these emails at any time by following the instructions contained in any such email.
- Proper Use. In addition to the limitations on use imposed by the General Terms, the Registrant agrees not to use the Platform to (i) disrupt, hijack, or otherwise interfere with any Event or the ability of any other Registrant to use the Platform or attend any Event; (ii) spam any Event; or (iii) upload to any Event any material that violates the intellectual property rights of any other person.
- Copyright Infringement. In the event that an Registrant believes that the Platform has been used in a manner that constitutes copyright infringement, Registrant may notify Company at Support@Demio.com, and provide all of the following information, as required by the Digital Millennium Copyright Act (“DMCA”): (i) a statement that Registrant has identified content in the Platform that infringes a copyright of a third party for whom Registrant is authorized to act; (ii) a description of the copyrighted work Registrant claims has been infringed; (iii) a specific description of where the allegedly infringing material is located in the Platform, including a URL or exact description of the content's location; (iv) Registrant’s name, address, telephone number, and e-mail address; (v) a statement that Registrant has a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use); (vi) a statement that, under penalty of perjury, the information in Registrant’s notice is accurate and that Registrant is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and(vii) Registrant’s electronic or scanned physical signature. Company reserves the right to delete or disable allegedly infringing content, to terminate the accounts of users who are repeat infringers, and to forward the information in the copyright-infringement notice to the user who allegedly provided the infringing content.
- Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR VIOLATION OF STATUTE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS ARISING OUT OF THIS AGREEMENT AND/OR THE TERMINATION THEREOF, SHALL BE LIMITED TO THE SUM OF THE AMOUNTS PAID FOR THE APPLICABLE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.
- No Warranties. COMPANY’S SOLE WARRANTS THAT THE SERVICES WILL CONFORM TO THE SERVICE DESCRIPTIONS UNDER NORMAL USE AND MAKES NO OTHER REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, OF ANY KIND. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT (i) THE PLATFORM WILL LOAD OR DISPLAY EVENTS ON EVERY OPERATING SYSTEM OR DEVICE, (ii) EVENTS WILL BE PRESENTED ERROR FREE OR UNINTERRUPTED OR (iii) THAT ANY EVENT WILL BE ACCURATE OR MEET YOUR SPECIFIC NEEDS. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE COMPANY DOES NOT ENDORSE OR AFFILIATE ITSELF WITH ANY EVENT AND THAT THE EVENTS ARE PRESENTED BY THIRD PARTIES.