Pagedemos Terms Of Service
pageemos Terms of Service Agreement Last updated June 4, 2015
1.1.The following defined terms apply in this agreement.
Demorefers to the Services provided pagedemos.com.
Content: User’s generated Content as “Content” as defined later in these Terms.
Documentation: any documentation made available to the User by ZCI online via
the pagedemos, ZCI, or any other such other web address where the Services may be
accessed by the User is a description of the Services and User instructions for the
Services: the services provided by ZCI to you as defined in section 2.2 below.
Software: the online software applications provided by pagedemos as part of
Terms: the terms and conditions set out in this document.
User: the user of the Service or a person who has set up an Account.
Additional Terms:Supplemental terms that control Services that may be made available
to users at a later time.
Any other defined terms (introduced as such by capitalization in bold) which
appear later in these Terms will take the meaning ascribed to them.
2. Our contract with you
These Terms are a contract between you, the User, and Zap Communications
INC. (“we”, “us”, or "ZCI"), a company incorporated in the State of IL, United States
ZCI operates pagedemos.com, which may include other domains from time
to time, direct to pagedemos.com via DNS aliases (the ‘pagedemos Site’) and the Demo
creation service contained therein. By using the pagedemos Site and any services
accessible from the pagedemos Site, you are agreeing to be bound by these Terms.
If you do not agree to these Terms or any part thereof, your only remedy is to not
use the pagedemos Site or any services or products offered on the pagedemos Site
or on any other platform, including mobile applications, offered by pagedemos (collectively,
the ‘Service’ or ‘Services’).
Breach of these Terms or any part thereof will entitle ZCI to terminate
your right to use the Service. Any account you may have created may be deleted. ZCI
reserves the right to refuse provision of the Service to anyone at their complete
discretion. 2.4. You agree and accept that your use of the Service is entirely at
your own risk. 2.5. These Terms will apply for as long as you use the ZCI Site and/or
the Services. Any part of these Terms that by necessity or implication are to continue
after your use of the ZCI Site or the Services ends (including the license under
section 5.1) shall continue in force.
3. Your account
ZCI(Zap Communications INC) does not issue Demo accounts at this time.
No registration is required at this time as all base Demos are free
at this time. You may add features to your Demo for a nominal charge. Each Demo is
treated separately so you will have to purchase each feature for every additional
Demo you wish to upgrade.
All users are considered anonymous and no registration is required.
Regardless you will still be bound by these Terms since the use of the Services and
functionality provided by the pagedemos Site requires acceptance of our reasonable
'bots’ or other automated methods of accessing or using Demo are not
You are responsible for all content, code, features, comments, graphics
or text that you may post on the pagedemos Site (the ‘Content’) and any activity
that occurs on your Demo (even when Content is posted by others who have access to
4. Our License to You
ZCI hereby grants you a non-exclusive, non-transferable, worldwide right
to access and use the pagedemos Site, solely with supported browsers through the
Internet for your own internal purposes, subject to these Terms.
You may not permit the pagedemos Site to be used by or for the benefit
of any third parties.
Nothing in these Terms shall be construed to grant you any right to
transfer or assign rights to access or use the pagedemos Site.
5. Your License to Us
Subject to Section 5.2, you hereby grant ZCI and other Users of the
Services a worldwide, non-exclusive, royalty-free license (with the right to sub-license)
to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute
Content you submit, post or display on the ZCI Site in any and all media or distribution
methods (now known or later developed). Such Content shall be licensed upon the terms
of the MIT license.
If you specifically save a Demo as private on the pagedemos Site, and
that Demo has never been public on the pagedemos Site or anywhere else, the code
in that particular Demo is unlicensed, but you may license it as you see fit (except
where such a license would be a violation of these Terms).
You agree that the license in clause 5.1 includes the right for ZCI
and other users of the Services to make your Content available to others for the
publication, distribution, syndication, or broadcast of such Content on other media
and services, subject to our Terms and conditions for such Content use. Such additional
uses by ZCI or others may be made with no compensation paid to you with respect to
the Content that you submit, post, transmit or otherwise make available through the
ZCI may modify or adapt your Content in order to transmit, display
or distribute it over computer networks and in various media and/or make changes
to your Content as are necessary to conform and adapt that Content to any requirements
or limitations of any networks, devices, services or media.
You warrant, represent and agree that you have the right to grant ZCI
the license in section 5.1. You also represent, warrant and agree that you have not
and will not contribute any Content that: infringes or otherwise interferes with
any copyright or trade mark of another party; reveals any confidential information
or trade secret, unless the confidential information or trade secret belongs to you
or you have the owner's permission to disclose it; or infringes any intellectual
property right of another or the privacy or publicity rights of another.
You are responsible for your use of the Service, for any Content you
provide, and for any consequences thereof, including the use of your Content by other
users and third party partners. You understand that your Content may be republished
and if you do not have the right to submit Content for such use, it may subject you
to liability. ZCI will not be responsible or liable for any use of your Content in
accordance with these Terms.
ZCI cannot monitor or control the Content posted via the Services.
Any use of or reliance on the Content posted via the Services or obtained by your
through the Services is at your own risk. We do not endorse, support, represent or
guarantee the completeness, truthfulness, accuracy, or reliability of any Content
or communications posted via the Services. You recognize that by using the Services,
you may be exposed to Content that may be offensive, harmful, inaccurate or otherwise
inappropriate and, whilst we may act to remove it where we are notified and deem
it necessary or appropriate to do so or where a third party with legal authority
demands that we do so, we are not responsible for it. Under no circumstances will
ZCI be liable in any way for any Content, including but not limited to, any errors
or omissions in any Content, or any loss of damage of any kind incurred as a result
of the use of the Content made available via the Services.
A valid credit card is required for paying for Services. There will be no
refunds or credits for purchased Services.
It is free to set up any Demo, however, in order to continue providing
this free service Inactive (Demos that have not been altered or viewed in the last
90 days) will be automatically archived. You may retrieve an archived Demo by paying
for a retrieval fee. Once this fee is paid, your Demo will be available as long as
the pagedemos site is still in operation.
In the event of an Account being made available to you, downgrading
your Account may cause loss of content, features, or capacity of your Account. ZCI
does not accept any liability for such loss.
. All fees are exclusive of all taxes, levies, or duties imposed by
taxing authorities, and you shall be responsible for payment of all such taxes, levies,
or duties. You agree to pay for any such taxes that might be applicable to your use
of the Services and payments made by you herein.
7. ZCI’s obligations
ZCI does not warrant that the User's use of the Services will be uninterrupted
or error-free; or that the Services, Documentation and/or the information obtained
by the User through the Services will meet the User's requirements; and is not responsible
for any delays, delivery failures, or any other loss or damage resulting from the
transfer of data over communications networks and facilities, including the internet,
and the User acknowledges that the Services and Documentation may be subject to limitations,
delays and other problems inherent in the use of such communications facilities.
is available from the ZCI Site or such other website address as may be notified to
in its sole discretion.
If ZCI processes any personal data on your behalf when performing our
obligations under these Terms, we agree that you shall be the data controller and
ZCI shall be a data processor and in any such case: you acknowledge and agree that
the personal data may be transferred or stored outside the country where you are
located in order to carry out the Services and ZCI’s other obligations under these
Terms; you warrant that you are entitled to transfer the relevant personal data to
ZCI; both you and ZCI shall take appropriate technical and organizational measures
against unauthorized or unlawful processing of the personal data or its accidental
loss, destruction or damage.
8. Your obligations and impermissible acts
You warrant that you are legally entitled to enter into and be bound by
these Terms, and that you are above the age of 13 (thirteen).
You shall: provide ZCI with all necessary co-operation in relation
to these Terms in order to allow us to provide the Services; comply with all applicable
laws and regulations with respect to your activities under these Terms; ensure that
you use the Services and the Documentation in accordance with the Terms; obtain and
shall maintain all necessary licenses, consents, and permissions necessary for ZCI,
its contractors and agents to perform their obligations under these Terms, including
without limitation the Services; pay the Fees for the Services applicable to your
You acknowledge that you are solely responsible for procuring and maintaining
your network connections and telecommunications links, and all problems, conditions,
delays, delivery failures and all other loss or damage arising from or relating to
your network connections or telecommunications links or caused by the internet.
You shall not access, store, distribute or transmit any material (in
the Content or otherwise) during the course of your use of the Services that: a.
is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or
racially or ethnically offensive; b. facilitates illegal activity; c. depicts sexually
explicit images; d. promotes unlawful violence; e. is discriminatory based on race,
gender, color, religious belief, sexual orientation, disability; or f. in a manner
that is otherwise illegal or causes damage or injury to any person or property.
You further agree not to:
a. impersonate any person or entity of falsely state or otherwise present your affiliation
with a person or entity; phish, collect, upload, post, email or transmit or otherwise
make able any login data and/or passwords for other web sites, software or services;
b. forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the ZCI Site; upload, post, email, transmit or
otherwise make available any information, materials or other Content that infringes
another’s rights, including any intellectual property rights;
c. upload, post, email, transmit or otherwise make available any unauthorized advertising,
promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or
any other form of solicitation;
d. upload, post, email, transmit or otherwise make available any material contains
software viruses or any other computer code, files or programs need to interrupt,
destroy or limit the functionality of any computer are or hardware or telecommunications
e. use any manual or automated software devices, or other processes to ”crawl”,
“spider” or “screen scrape” any web pages owned or operated by ZCI, including the
f. interfere with or disrupt any of ZCI's Sites, or any servers or networks connected
to the pagedemos Site, or disobey any requirements, procedures, policies or regulations
of networks connected to the pagedemos Site;
g. obtain, collect, store or modify the personal information about others; h. modify,
adapt or hack any of ZCI's Sites or falsely imply that some other is associated with
the pagedemos Site or ZCI; or use the pagedemos Site for any illegal or unauthorized
purpose. You must not, in the use of the pagedemos Site and the Services, breach
any laws in your jurisdiction (including but not limited to copyright laws).
For the avoidance of doubt any breach by you of any of these Terms
(which constitute conditions of your use) shall entitle ZCI, in its sole discretion,
without liability (including in relation to any payment made in relation to your
Demo) or prejudice to its other rights, to remove or refuse to distribute any Content
via the Services and to disable your access to your Demo. We also reserve the right
to access, read, preserve, and disclose (to any competent authority) any information
as we reasonably believe is necessary to (i) satisfy any applicable law, regulation,
investigation of potential breaches hereof, (iii) detect, prevent or otherwise address
fraud, security or technical issues, (iv) respond to User support requests, or (v)
protect the rights of ZCI, its Users, legitimate business interests and the public.
9. Intellectual property
You acknowledge and agree that ZCI and/or its licensors own all intellectual
property rights in the pagedemos Site, the Software, the Services and the Documentation.
Except as expressly stated herein, these Terms do not grant you any rights to, or
in, patents, copyright, database right, trade secrets, trade names, trade marks (whether
registered or unregistered), or any other rights or licenses in respect of the pagedemos
Site, the Software, the Services or the Documentation. 9.2. All right, title and
interest in Content generated by you shall be proprietary to you (but shall be subject
to the license granted by clause 5.1).
ZCI does not formally accept unsolicited ideas. If you do provide feedback, you agree that: (1) your submissions and their contents become the property of ZCI, without any retntion of ownership or rights; (2) ZCI may use your submission, it's contents or ideas for any purpose; (3) there is no expectation or obligation for ZCI to review or provide feedback on your submission.
You acknowledge that you will be solely and fully responsible for all liabilities
incurred through the use of your Demos. You shall defend, indemnify and hold harmless
ZCI against claims, actions, proceedings, losses, damages, expenses and costs (including
without limitation court costs and reasonable legal fees) arising out of or in connection
with your use of the Account, the Services and/or the Documentation including, but
not limited to, any liability arising from or resulting from the Content uploaded
to your Demo including infringement of third party intellectual property or laws
or civil or criminal claims
11. Limitation of liability
You understand, agree and accept that your use of the pagedemos Site and
the Services is at your own discretion and risk and that you will be solely responsible
for loss of data that results from the submission or download of such content.
This section (11) sets out the entire financial liability of ZCI (including
any liability for the acts or omissions of its employees, agents and sub-contractors)
to you: a. arising under or in connection with these Terms; b. in respect of any
use made by you of the ZCI Site, the Services and Documentation or any part of them;
and c. in respect of any representation, statement or tortuous act or omission (including
negligence) arising under or in connection with these Terms.
Except as expressly and specifically provided in this agreement: a.
you assume sole responsibility for results obtained from your use of the ZCI Site,
the Services and the Documentation, and for conclusions drawn from such use. ZCI
shall have no liability for any damage caused by errors or omissions in any information,
instructions or scripts provided to ZCI by you in connection with the Services, or
any actions taken by ZCI at your direction; b. all warranties, representations, conditions
and all other terms of any kind whatsoever implied by statute or common law are,
to the fullest extent permitted by applicable law, excluded from this agreement;
and c. the pagedemos Site, the Services and the Documentation are made available
to you on an "as is" and “as available” basis.
ZCI does not warrant: a. that the provision of operation of the pagedemos
Site or provision of the Services will be uninterrupted, secure, reliable, timely
or error-free; b. that the pagedemos Site or the Services will meet your specific
requirements; c. that the results that may be obtained from the use of the pagedemos
Site or the Services will be accurate or reliable; d. that the quality of any products,
services, information or other material purchased or obtained by you will meet your
expectations; e. that any errors in the pagedemos Site will be corrected; f. the
accuracy, validity or completeness of any information, content or advice obtained
through the pagedemos Site or the Services.
Subject to section 11.3 and section 11.4: a. ZCI shall not be liable
whether in tort (including for negligence or breach of statutory duty), contract,
misrepresentation, restitution or otherwise for any loss of profits, loss of business,
depletion of goodwill and/or similar losses or loss or corruption of data or information,
or pure economic loss, or for any special, indirect or consequential loss, costs,
damages, charges or expenses however arising under these Terms; and b. Subject the
other provisions of this section ZCI's total aggregate liability in contract, tort
(including negligence or breach of statutory duty), misrepresentation, restitution
or otherwise, arising in connection with the performance or contemplated performance
of this agreement shall in no circumstances exceed the total of any Fees paid for
the User Subscriptions during the 12 months immediately preceding the date on which
the claim arose.
12.1.ZCI, in its sole discretion, has the right to delete your Demo if
(a) you breach these Terms or your bandwidth usage significantly exceeds the median
bandwidth of other users of the Services. In each case ZCI may refuse to provide
you any current or future use of the pagedemos Site, or any other services. Information
cannot be recovered from ZCI once your Demo is terminated.
13. Force majeure
ZCI shall have no liability to you under these Terms if we are prevented
from or delayed in performing our obligations under these Terms, or from carrying
on its business, by acts, events, omissions or accidents beyond our reasonable control,
including, without limitation, strikes, lock-outs or other industrial disputes (whether
involving the workforce of the Supplier or any other party), failure of a utility
service or transport or telecommunications network, act of God, war, riot, civil
commotion, malicious damage, compliance with any law or governmental order, rule,
regulation or direction, accident, breakdown of plant or machinery, fire, flood,
storm or default of suppliers or sub-contractors.
ZCI may update the Terms from time to time without notice and any
changes will be binding on you. You agree to review these Terms regularly and we
are entitled to treat your continued access to or use of the Services as confirmation
that you agree to the changes.
No failure or delay by a party to exercise any right or remedy provided
under these Terms or by law shall constitute a waiver of that or any other right
or remedy, nor shall it prevent or restrict the further exercise of that or any other
right or remedy. No single or partial exercise of such right or remedy shall prevent
or restrict the further exercise of that or any other right or remedy.
16. Rights and remedies
Except as expressly provided in these Terms, the rights and remedies
provided under these Terms are in addition to, and not exclusive of, any rights or
remedies provided by law.
If any provision (or part of a provision) of these Terms is found by any
court or administrative body of competent jurisdiction to be invalid, unenforceable
or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid,
enforceable or legal if some part of it were deleted, the provision shall apply with
whatever modification is necessary to give effect to the commercial intention of
18. Entire agreement
These Terms, and any documents referred to in them, constitute the whole
agreement between the parties and supersede any previous arrangement, understanding
or agreement between them relating to the subject matter they cover.
Both you and ZCI acknowledge and agree that in entering into these
Terms that we do not rely on any undertaking, promise, assurance, statement, representation,
warranty or understanding (whether in writing or not) of any person (whether party
to this agreement or not) relating to the subject matter of this agreement, other
than as expressly set out in these Terms.
You shall not assign, transfer, charge, sub-contract or deal in any
other manner with all or any of your rights or obligations under these Terms. ZCI
may at any time assign, transfer, charge, sub-contract or deal in any other manner
with all or any of its rights or obligations under these Terms.
Governing law The laws of Illinois, U.S.A, excluding Illinois' conflict
of laws rules, will apply to any disputes arising out of or relating to these Terms
All claims arising out of or relating to these Terms of Service will
be litigated exclusively in the federal or state courts of Champaign County, IL.,
U.S.A. You and ZCI consent to personal jurisdiction in those courts.