Terms and Conditions
1. Membership. By becoming a member of the "DEMsays" Web Site (the "Site"), you become a Subscriber and agree to be bound by this Subscriber Agreement (the "Agreement"). By accessing the Site, you accept, without limitation or qualification, all of the terms and conditions in this Agreement. This Agreement is subject to change by DEMsays, (the "Company") at any time, and changes are effective immediately without notice.
2. Subscription Fees; Payment. The Subscriber is responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are non-refundable. Unless and until this Agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes the Company to charge Subscriber's credit card (or other approved facility) to pay for the ongoing cost of membership. Subscriber hereby further authorizes the Company to charge Subscriber's credit card (or other approved facility) for any and all purchases of products and services provided by the Company. Subscriber must promptly inform the Company of the following: changes in the expiration date of any credit card used in connection with the Site; changes in billing address; any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until the Company is notified, by e-mail, or by telephone of a breach in security, the Subscriber will remain liable for any unauthorized use of the Site.
3. Term and Rebilling. The initial term of this Agreement shall be for SIX (6) months (the "Initial Term") and Subscribers will be charged accordingly on a monthly basis. Thereafter, Subscribers will be automatically renewed and billed on a month-to-month basis unless the subscription is terminated in accordance with this Agreement.
4. Termination. Subscription to the Site may be terminated at any time after the Initial Term, and without cause, by either the Company or the Subscriber upon notification of the other by electronic or conventional mail, or by telephone. When termination is requested by a Subscriber, subscription fees already processed in accordance with this Agreement are NOT refunded. Subscribers are liable for charges incurred by them until termination of their membership to the Site.
5. Security. Access to and use of the Site is through a combination of an ID and a password. Each Subscriber must keep his password strictly confidential. Subscribers are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to passwords or accounts. Membership may not be assigned or transferred to any other person or entity. For security reasons, the Company will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of this Agreement and a violation of law. Subscribers grant the Company and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store and use Subscriber's information in connection with the operation of the Site.
6. Ownership of Materials on Site. The materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks and service marks, are the property of the Company, its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. Subscriber agrees not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of the Company or the appropriate affiliate or licensor.
7. Use. The material on the Site is for the private, non-commercial use of Subscribers only. Any other use is strictly prohibited. Subscribers agree that they will not send or transmit any communication or content that infringes or violates any rights of any party. Any communication or material Subscribers post or transmit to the Site is, and will be treated as, non-confidential and non-proprietary. Subscribers assume full responsibility for anything they post or transmit, and by submission to the Site automatically grant the Company and its affiliates the right to edit, copy, publish and distribute any information or content posted or transmitted for any purpose. Subscribers should be aware that if Subscribers voluntarily disclose personal information (e.g., user name, Email, etc.) on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties for which the Company accepts no responsibility or liability.
8. Prohibited Activity. The Site includes, or may include, bulletin boards, chat rooms and other user and member created pages which allows Subscribers and other users to post information, provide feedback to the Company and its affiliates, and interact in real-time. Subscribers agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. Although the Company and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user and member generated pages on the Site, neither the Company nor its affiliates is under any obligation to do so. Subscriber acknowledges that the Company and its affiliates do not control the information available on the bulletin boards, chat rooms and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member generated pages are those of their respective authors who are solely liable for their content. The Company and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other user or member generated pages.
9. Warranty. The Site contains information, facts and opinions from various individuals and organizations. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY , NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER THE COMPANY, ITS AFFILIATES OR ITS LICENSORS ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE.
10. Liability. USE OF THE SITE IS AT SUBSCRIBER'S OWN RISK. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO SUBSCRIBERS OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE AND THE INFORMATION AVAILABLE ON THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST THE COMPANY AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF USE OF THE SITE AND THE INFORMATION AVAILABLE THEREON.
11. Indemnity. Subscriber agrees to defend, indemnify, and hold the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal fees, resulting from, or alleged to result from violation of this Agreement.
12. Links. The Site may provide links to third-party web sites. The Company does not recommend or endorse the content of any third-party site. The Company and its affiliates do not review or monitor any third-party web sites linked to the Site and are not responsible for the content of any linked third-party web sites, sites framed within the Site, third-party sites provided as search results or third-party advertisements and does not make any representation regarding their content or accuracy. Subscribers may link to such web sites at their own risk.
13. Notice. Notices by the Company to Subscribers may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional mail. Notices by Subscribers may be given by electronic messages or conventional mail, unless otherwise specified in this Agreement.
14. Contact; Support. All questions should be sent by means of electronic message to dem@demsays.co.za. Please include your name and username in all correspondence.
15. Complete Agreement. This Agreement contains the entire agreement between the Subscriber and the Company regarding the use of the Site, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by the Company to Subscribers. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
2. Subscription Fees; Payment. The Subscriber is responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are non-refundable. Unless and until this Agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes the Company to charge Subscriber's credit card (or other approved facility) to pay for the ongoing cost of membership. Subscriber hereby further authorizes the Company to charge Subscriber's credit card (or other approved facility) for any and all purchases of products and services provided by the Company. Subscriber must promptly inform the Company of the following: changes in the expiration date of any credit card used in connection with the Site; changes in billing address; any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until the Company is notified, by e-mail, or by telephone of a breach in security, the Subscriber will remain liable for any unauthorized use of the Site.
3. Term and Rebilling. The initial term of this Agreement shall be for SIX (6) months (the "Initial Term") and Subscribers will be charged accordingly on a monthly basis. Thereafter, Subscribers will be automatically renewed and billed on a month-to-month basis unless the subscription is terminated in accordance with this Agreement.
4. Termination. Subscription to the Site may be terminated at any time after the Initial Term, and without cause, by either the Company or the Subscriber upon notification of the other by electronic or conventional mail, or by telephone. When termination is requested by a Subscriber, subscription fees already processed in accordance with this Agreement are NOT refunded. Subscribers are liable for charges incurred by them until termination of their membership to the Site.
5. Security. Access to and use of the Site is through a combination of an ID and a password. Each Subscriber must keep his password strictly confidential. Subscribers are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to passwords or accounts. Membership may not be assigned or transferred to any other person or entity. For security reasons, the Company will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of this Agreement and a violation of law. Subscribers grant the Company and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store and use Subscriber's information in connection with the operation of the Site.
6. Ownership of Materials on Site. The materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks and service marks, are the property of the Company, its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. Subscriber agrees not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of the Company or the appropriate affiliate or licensor.
7. Use. The material on the Site is for the private, non-commercial use of Subscribers only. Any other use is strictly prohibited. Subscribers agree that they will not send or transmit any communication or content that infringes or violates any rights of any party. Any communication or material Subscribers post or transmit to the Site is, and will be treated as, non-confidential and non-proprietary. Subscribers assume full responsibility for anything they post or transmit, and by submission to the Site automatically grant the Company and its affiliates the right to edit, copy, publish and distribute any information or content posted or transmitted for any purpose. Subscribers should be aware that if Subscribers voluntarily disclose personal information (e.g., user name, Email, etc.) on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties for which the Company accepts no responsibility or liability.
8. Prohibited Activity. The Site includes, or may include, bulletin boards, chat rooms and other user and member created pages which allows Subscribers and other users to post information, provide feedback to the Company and its affiliates, and interact in real-time. Subscribers agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. Although the Company and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user and member generated pages on the Site, neither the Company nor its affiliates is under any obligation to do so. Subscriber acknowledges that the Company and its affiliates do not control the information available on the bulletin boards, chat rooms and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member generated pages are those of their respective authors who are solely liable for their content. The Company and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other user or member generated pages.
9. Warranty. The Site contains information, facts and opinions from various individuals and organizations. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY , NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER THE COMPANY, ITS AFFILIATES OR ITS LICENSORS ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE.
10. Liability. USE OF THE SITE IS AT SUBSCRIBER'S OWN RISK. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO SUBSCRIBERS OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE AND THE INFORMATION AVAILABLE ON THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST THE COMPANY AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF USE OF THE SITE AND THE INFORMATION AVAILABLE THEREON.
11. Indemnity. Subscriber agrees to defend, indemnify, and hold the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal fees, resulting from, or alleged to result from violation of this Agreement.
12. Links. The Site may provide links to third-party web sites. The Company does not recommend or endorse the content of any third-party site. The Company and its affiliates do not review or monitor any third-party web sites linked to the Site and are not responsible for the content of any linked third-party web sites, sites framed within the Site, third-party sites provided as search results or third-party advertisements and does not make any representation regarding their content or accuracy. Subscribers may link to such web sites at their own risk.
13. Notice. Notices by the Company to Subscribers may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional mail. Notices by Subscribers may be given by electronic messages or conventional mail, unless otherwise specified in this Agreement.
14. Contact; Support. All questions should be sent by means of electronic message to dem@demsays.co.za. Please include your name and username in all correspondence.
15. Complete Agreement. This Agreement contains the entire agreement between the Subscriber and the Company regarding the use of the Site, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by the Company to Subscribers. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.