Pagedemos Terms Of Service

pageemos Terms of Service Agreement Last updated June 4, 2015

1. Definitions

1.1.The following defined terms apply in this agreement.
Demorefers to the Services provided
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.
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 the Services.
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.
Writing, Writtenemail.
Additional Terms:Supplemental terms that control Services that may be made available to users at a later time.

1.2.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

2.1.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 of America.
2.2.ZCI operates, which may include other domains from time to time, direct to 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’).
2.3.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

3.1.ZCI(Zap Communications INC) does not issue Demo accounts at this time.
3.2.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.
3.3.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 Terms of Use.
3.4.'bots’ or other automated methods of accessing or using Demo are not permitted.
3.5.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 it).

4. Our License to You

4.1.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.
4.2.You may not permit the pagedemos Site to be used by or for the benefit of any third parties.
4.3.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

5.1.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.
5.2.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).
5.3.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 Services.
5.4.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.
5.5.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.
5.6.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.
5.7.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.

6. Payment

6.1.A valid credit card is required for paying for Services. There will be no refunds or credits for purchased Services.
6.2.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.
6.3.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.
6.4.. 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

7.1.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.
7.2.ZCI shall, in providing the Services, comply with our privacy policy relating to the privacy and security of your data held by us. Such privacy policy is available from the ZCI Site or such other website address as may be notified to you from time to time. The privacy policy may be amended from time to time by ZCI in its sole discretion.
7.3.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

8.1.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).
8.2.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 Account
8.3.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.
8.4.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.
8.5.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 equipment;
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 pagedemos Site;
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).
8.6.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, legal process or governmental request, (ii) enforce these Terms of Use, including 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

9.1.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).
9.2. 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.

10. Indemnity

10.1.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

11.1.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.
11.2.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.
11.3.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.
11.4.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.
11.5.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. Deletion

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

13.1.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.

14. Variation

14.1.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.

15. Waiver

15.1.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

16.1.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.

17. Severance

17.1.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.
17.2.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 the parties.

18. Entire agreement

18.1.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.
18.2.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.

19. Assignment

19.1.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.

20. Location

20.1.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 of Service.

21. Jurisdiction

21.1.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.