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TERMS OF USE
THIS IS A LEGAL AGREEMENT. THE USE OF THE
GOTADEMO.COM WEBSITE (“SITE”) SHALL LEGALLY BIND YOU TO THE TERMS OF USE DEFINED AND STATED HEREIN.
IF YOU DO NOT UNDERSTAND ANY PART OF THIS AGREEMENT, THEN YOU SHOULD CONSULT A LAWYER PRIOR TO USING THE SITE.
IF YOU DO NOT AGREE TO THE TERMS OF USE, THEN DO NOT USE THE SITE. SUBJECT AT ALL TIMES
TO THE TERMS OF USE AND ANY APPLICABLE LAW, YOU MAY USE THE SITE IF YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.
IF YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE, YOU MAY USE THE SITE IF YOU ARE AN EMANCIPATED MINOR, OR IF
YOU HAVE THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN, AND IF YOUR PARENT OR GUARDIAN AGREE TO THE TERMS OF
USE. YOU MAY NOT USE THE SITE IF YOU ARE LESS THAN THIRTEEN (13) YEARS OF AGE.
In
this Agreement the following words shall have the following meanings:
“Account” shall
have the meaning as established in Section V, Accounts.
“Access” shall mean the review,
viewing, reading, listening, or downloading, of the stated item on or through the Site.
“Advertising
Content” shall mean any Third Party add, advertisement, content, notice, announcement, or website link.
“GOTADEMO,” “we,” “our,” “us,” or the “Company”
shall mean Got A Demo, Inc., an Illinois corporation, the exclusive owner of the Site, and, unless otherwise expressly
stated herein, the party in whose favor you are making or granting any and all understandings, acknowledgements,
agreements, covenants, promises, warranties, representations, and waivers under this Agreement.
“
Indemnitees” shall mean GOTADEMO, its affiliates, customers, clients, Users other than yourself, suppliers, and
each of its and their owners, officers, directors, members, shareholders, employees, agents, successors, assigns, and
licensees, either individually or collectively.
“Legal Exploitation” or “Legally Exploit”
shall mean the sell, purchase, license, option, or other such exploitation of the Materials that is agreed to by the lawful
owner or licensee of the Materials, or any authorized representative thereof.
“Materials” shall mean
any piece of work, including, without limitation, sound recordings, voice recordings, digital recordings, musical compositions,
music, videos, lyrics, text, writings, pictures, photographs, graphics, and artwork.
“Person” shall
mean and include, any natural person, individual, sole proprietorship, partnership, business, company, corporation, firm,
organization, association, alliance, group, club, union, foundation, trust, estate, website, nation, government body,
government office, or other entity.
“Submit” “Submitting” or “Submitted”
shall mean any submission, delivery, e-mail, transfer, posting, insertion, or upload to the Site or the Company.
“User” shall mean any Person who establishes an Account or otherwise participates in the services and
activities offered on the Site.
“Using” or “Use” shall mean and include visiting,
browsing, using, “clicking through,” Submitting Materials to, Accessing Materials on, establishing
an Account with, or otherwise availing yourself of the services, features, benefits, activities, or content offered
on, by, or through the Site.
“Terms of Use” shall mean and include any and all of the terms,
conditions, provisions, obligations, policies, rules, regulations, restrictions, representations, warranties, and
waivers, contained or referenced in this Agreement or the Site.
“Third Party” shall mean and
include any Person other than GOTADEMO.
“You” or “your” shall mean and include, the
individual that is personally Using the Site (yourself) and any Person that they (you) may represent.
I.
SERVICES: GOTADEMO is pleased to offer this Site as a venue for Users to Submit and Access Materials in
contemplation of the Legal Exploitation of the Materials. You acknowledge and understand that GOTADEMO is not
a merchant, retailer, seller, wholesaler, vendor, buyer, re-seller, broker, dealer, auctioneer, or transfer agent of
the Materials, and GOTADEMO is not involved in the actual transaction between the Users to Legally Exploit the
Materials. GOTADEMO is not liable for any aspect of the transaction, including, without limitation, the successful
determination or legality of the transaction.
II. ACCEPTANCE: By Using the Site you signify your
acceptance of the Terms of Use. Your continued Use of the Site following any change or amendment to this Agreement
shall constitute your express acceptance of such change or amendment, and the Agreement generally. It is your
responsibility to review this Agreement frequently and carefully.
III. USE: Subject at all times
to the Terms of Use and any applicable law, we grant you the non-exclusive and non-transferable right to Use the
Site for your personal noncommercial use. We may revoke this grant at any time with or without cause or reason, and
with or without notice. You may not copy, reproduce, duplicate, clone, reverse engineer, decompile, disassemble,
modify, convert, publish, distribute, or exploit the Site or any part thereof without our prior written consent.
Your Use of and interaction with the Site is expressly limited to what may be reasonably required to, review
the Site, access the Advertising Content, establish an Account, Submit Materials, Access Materials, and
contact other Users in furtherance of the Legal Exploitation of the Materials. Without the express written consent
of GOTADEMO, no other use of the Site is acceptable or permitted. GOTADEMO reserves all rights not expressly granted
herein. In your Use of the Site and interaction with GOTADEMO, you agree that you will not (i) use the Site in
a deceptive or destructive manner, or in furtherance of illegal activity, (ii) impersonate another Person, other
User, or GOTADEMO; (iii) attempt to circumvent User authentication; (iv) engage in harassing, threatening,
subversive, malicious, injurious, damaging, harmful, or destructive conduct; (v) continue to contact or Submit
Materials, communications, messages, items, or data to any User or GOTADEMO, after either one has stated or
otherwise indicated that they did not wish to receive the same from you. You agree to fully defend, indemnify,
and hold harmless the Indemnitees from and against your Use of the Site in contravention of the above parameters
and terms. If you Use the Site outside of the United States you are wholly responsible for compliance with
local laws and regulations. Nothing contained in this Website should be regarded or construed as a solicitation
or promotion for any product or service that is not authorized, permissible, or legal under the laws or
regulations of any country or jurisdiction in which you are situated.
IV. OWNERSHIP:
Except for User Submitted Material and any Advertising Content, and unless otherwise stated in the Site or
this Agreement, the entire Site, inclusive of all content, software, programs, object code, source code,
scripts, graphics, images, text, artwork, multimedia content, music, audio, and video, is the sole
and exclusive property of GOTADEMO.
V. ACCOUNTS: In order to Submit Materials to the Site,
Access Materials on the Site, and contact other Users, you will be required to create an account with us
that will be used to identify you as a particular User, and thereby afford you the services, privileges and
benefits as such (“Account”). In order to establish an Account you must provide us with certain
personal information about yourself. All information that you provide to establish your Account must be
truthful, accurate, and complete. It is your responsibility to maintain the security and confidentiality of
your Account username, password, and other identifying information that provides you access to your Account.
You agree to fully defend, indemnify, and hold harmless the Indemnitees from and against any false,
fraudulent, inaccurate, misleading, and incomplete information. You acknowledge and understand that the
creation of an Account in no way guarantees you access to the Site or participation in any services
or activities offered on the Site or by GOTADEMO. You agree that you will not allow, either directly
or indirectly, another Person to use your Account or login information. Any and all personal
information that you submit to GOTADEMO shall be considered confidential information and an asset
of the Company, and shall be handled in accordance with the Company’s Privacy Policy. Such
information may be sold, transferred, assigned, pledged, and handled as any other confidential
asset of the Company. Any non-personal information that you Submit or otherwise provide to
GOTADEMO through either the establishment of an Account or otherwise, shall not be considered
confidential, and shall be considered an asset of the Company. Any unsolicited information,
materials, documents, and items that you Submit to GOTADEMO shall become the property of the Company.
The creation of an Account does not grant or afford you any rights in the Site, including,
without limitation, the right to have Submitted Materials posted on the Site.
VI.
SUBMISSION OF MATERIALS: Any Materials Submitted to GOTADEMO shall not be considered confidential
information, however they shall be considered your proprietary materials. You hereby affirm, represent,
and warrant that at the time that you Submit the Materials to the Site and for the period of
time that you maintain the Materials on the site, that (1) you are the sole and outright owner of the
Materials, or (2) you have all the necessary licenses, rights, consents, authorizations, releases,
and Permissions, to Submit the Materials into the public domain and to Legally Exploit the Materials,
or to otherwise include the Materials for participation in the services and activities offered by GOTADEMO from
time to time. You agree that you will not Submit any Materials that do not meet one of these criteria.
You agree to fully defend, indemnify, and hold harmless the Indemnitees from and against your Submission of any
Materials that you do not have the authority to Submit. Any Materials and other items or data that you Submit may
not, (i) violate any law, statute, ordinance, or these Terms of Use, (ii) infringe on any Person’s copyright,
trademark, patent, or other proprietary interest, (iii) disparage any Person’s good name, be libelous,
slanderous, defamatory, or otherwise depict a Person in a false light or constitute an invasion of privacy, (iv)
constitute a threat to safety or security, (v) contain any viruses, Trojan horses, worms, spiders, robots, or other
software, programming routines, or utilities that may in any way damage, obstruct, destabilize, slow, interfere
with, alter the functionality or appearance of, disturb the proper working order of, compromise or breach the security
of, or intercept or mine any information from the Site; or (vi) create any liability for GOTADEMO. You agree to fully
defend, indemnify, and hold harmless the Indemnitees from and against your Submission of any Materials or other items
and data to the Site or GOTADEMO in contravention of the above parameters and terms. If you Submit Materials, you
hereby grant each User or other visitor to the Site, a nonexclusive, non-transferable, royalty free license to Access your Materials, and to use the Materials in accordance with and pursuant to any services and activities offered on the Site from time to time. This license may only be terminated upon the removal of the Materials
from the Site. At all times however, you retain your proprietary interest in your Materials, subject only to the Legal Exploitation of the
same.
You grant GOTADEMO a non-exclusive, worldwide, perpetual, royalty free, and sublicensable right and license to transmit,
distribute, stream, publicly broadcast, and publicly display your Submitted Materials in any media now known or hereafter devised. All
licenses and rights granted to us pursuant to this section shall terminate when you exercise your right to remove the subject Materials from
the site. GOTADEMO may in its sole discretion and without any notice, remove from the Site any Materials that you Submit to GOTADEMO.
VII. ACCESS OF MATERIALS: In your Access of any Materials you agree to respect and be bound by the proprietary interests
of any and all owners and/or authorized licensees of the subject Materials. You further agree that your manipulation, handling, use, and
exploitation of the Materials will be strictly and absolutely limited by the Terms of Use. You may not, in whole or in part, directly
or indirectly, exploit the subject Materials in any manner that is contrary to or inconsistent with the Terms of Use. You agree to fully
defend, indemnify, and hold harmless the Indemnitees from and against your Access of any Materials in contravention of the above
parameters and terms.
VIII. INTELLECTUAL PROPERTY: You agree that you will not use the Site to infringe upon,
misappropriate, violate, vandalize, or manipulate the intellectual property rights of any Person. You agree to fully defend indemnify
, and hold harmless the Indemnitees from and against any infringement, misappropriation, violation, vandalizing, or manipulation, of
the intellectual property rights of another Person. If you believe that your copyright interests have been infringed
upon or otherwise violated arising out of any Materials Submitted to the Site, you must notify our Designated Copyright
Agent (“Agent”) in accordance with the United States Digital Millennium Copyright Act (17 U.S.C. 512(c)(3)). The Act
requires that you submit in writing to the Agent the following information:
i. A physical or electronic signature of the
subscriber. ii. Identification of the material that has been removed or to which access has been disabled and the location at which
the material appeared before it was removed or access to it was disabled. iii. A statement under penalty of perjury that the
subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
to be removed or disabled. iv. The subscriber\'s name, address, and telephone number, and a statement that the subscriber consents
to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber\'s address
is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will
accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please submit notification of any copyright infringement claim to GOTADEMO’s Agent: [name] [address] [tel] [fax] [e-mail].
Non-copyright claims or other types of submissions will not receive a response.
IX. LINKED SITES: Our Site may contain
links to Third Party websites. If you connect to any of these Third Party sites you will leave our Site. Access to and use of any of these
Third Party sites is at your own risk and peril. We take no responsibility for, (1) the content, information, products, or services provided
or offered by these Third Party sites, or (2) any loss, damage, or liability that may result from the use of such sites. Further, we
make no warranty or representation regarding any of these sites whatsoever, regardless of any affiliation with us that may exist. We provide
these links merely as a convenience and/or for entertainment purposes, and their inclusion in our Site does not imply or constitute an
endorsement of the information, products, or services that may be offered or provided at or by such Third Party sites or their owners.
X. HYPERLINKING: You are granted a limited, revocable, nonexclusive license to create a hyperlink to our home page, provided that
you comply with all of the following terms and conditions, (i) the link must be a text-only link clearly marked as "www.gotademo.com
" or "gotademo.com"; (ii) the link must "point" to the URL "http://www.gotademo.com" and not to
any other page within the Site; (iii) the link, when activated by any User, must display the Site’s full screen and not display
within a "frame" on the linking site; (iv) the link shall not portray GOTADEMO or its products or services in a false,
misleading, derogatory, defamatory, or otherwise offensive matter; (v) the link shall not be presented in any manner in connection
or association with any Third Party websites, Persons, products, services, or activities that are illegal, fraudulent, or offensive;
(vi) the link shall not be presented in any manner that states, suggests, or implies, that GOTADEMO supports, sponsors, endorses, or
approves of the linking site, or any of the products, services, or activities offered or presented therein; (vii) the link may not use
any GOTADEMO logo or other proprietary mark or dress as part of the link without GOTADEMO’s prior express written consent; and
(viii) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with
our name and marks. In our sole discretion, we reserve the right to revoke our consent to any link at any time. Any request for
a removal of a link must be honored within twenty-four (24) hours of notice. Notice may be submitted to the linked site via e-mail
to the webmaster or general contact address offered on the linked site.
XI. WARRANTY DISCLAIMER: YOUR USE
OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND GOTADEMO
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GOTADEMO DOES NOT WARRANT OR GUARANTEE THAT (1) THE
SITE IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (2) THE SITE OR ANY OF ITS
SERVERS OR E-MAIL WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR
DESTRUCTIVE PROPERTIES; (3) THE SITE OR ITS SERVERS ARE FREE FROM HACKERS OR OTHER INTRUSIVE OR "SPYING" PERSONS, DEVICES,
OR SOFTWARE THAT MAY (A) GAIN ACCESS TO YOUR PERSONAL OR OTHER INFORMATION, (B) MONITOR OR TRACK YOUR USE OF THE SITE, OR (C) GAIN ACCESS TO
YOUR OWN COMPUTER OR SERVERS THROUGH THE USE OF THE SITE; (4) ALL CONTENT WILL BE ACCURATE, COMPLETE OR UP TO DATE; (5) ANY INFORMATION OR OTHER
CONTENT CONTAINED WITHIN THE SITE WILL NOT CONTAIN DEFAMATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE
OR OFFENSIVE ; OR (6) THE FUNCTIONS OR SERVICES GOTADEMO PERFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL
BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GOTADEMO IS NOT RESPONSIBLE FOR THE CONTENT DISTRIBUTED ON OR THROUGH THE SITE, AND IT
ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION
DISTRIBUTED THROUGH THE SITE.
Some states do not allow the disclaimer of implied warranties, so some or all of the above disclaimers may
not apply to you.
XII. LIMITATION OF LIABILITY: Regardless of the form of action (whether in contract, tort, breach of warranty or
otherwise), and except as otherwise expressly provided herein, IN NO EVENT WILL GOTADEMO BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO
YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN IF ADVISED OF
THE POSSIBILITY OF THE SAME, INCLUDING, WITHOUT LIMITATION, LOST INCOME, PROFITS, OR REVENUES, LOSS, DAMAGE, OR INTERRUPTION TO BUSINESS, OR
PHYSICAL OR PSYCHOLOGICAL DAMAGE OR INJURY. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY
SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, GOTADEMO WILL BE
ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH
PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED US$100. GOTADEMO IS UNDER NO OBLIGATION WHATSOEVER TO MAINTAIN A
SECURITY SYSTEM ON THE SITE OR ITS SERVERS. USE OF THE SITE, BOOKMARKING THE SITE, AND HYPERLINKING TO THE SITE, IS AT YOUR OWN RISK. GOTADEMO SHALL
NOT BE RESPONSIBLE FOR, AND YOU SHALL HOLD GOTADEMO HARMLESS FROM, ANY LOSS OF DATA, OR DAMAGE OR DESTRUCTION TO ANY OTHER WEB SITE, SERVER,
COMPUTER, DEVICE, SOFTWARE, DATA, OR DATABASE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE.
Some states do not allow the
exclusion or limitation of incidental or consequential damages under certain circumstances and the above exclusion or limitation may not
apply.
XIII. GENERAL TERMS: Termination: GOTADEMO may, without liability,
warning, notice, or reason, discontinue, modify, suspend, restrict access to, or terminate the entire Site, or any part of the Site, or any services
or activities offered on, by or through the Site or GOTADEMO.
Governing Law: This Agreement and its construction,
validity and performance shall be governed by, construed, and interpreted, in accordance with the laws of the State of Illinois, and any applicable
federal laws. You hereby submit to the personal jurisdiction of the Federal and State courts situated in Cook County, Illinois, USA and waive any
objection to jurisdiction and venue.
Service of Process: To the extent permitted by law, you hereby waive any
requirements for personal service of process in any action taken against you by GOTADEMO related to or arising out of the Use of the Site, and you agree
that the delivery of any summons, complaint, lawsuit, claim, citation, or subpoena, via first class mail (with confirmation of delivery) or via express
mail service (signature receipt not required) to your last address on file with GOTADEMO, or as otherwise available through public records, shall
constitute proper service. Indemnity: You agree to defend, indemnify, and hold harmless the
Indemnitees from and against any breach by you of any term, condition, warranty, waiver, representation, agreement, acknowledgment, covenant, or
promise of this Agreement or any GOTADEMO policy, rule, or regulation, or from or against any claim made against GOTADEMO or any other User arising out
of your Use of the Site or exploitation of the Materials. Your obligation to defend and indemnify, includes, without limitation, your obligation and
agreement to pay any and all legal fees and expenses, court costs, attorneys fees, damages, losses, judgments, settlements, or awards, related to or arising
therefrom. Nothing in this Agreement shall be construed to prevent GOTADEMO from retaining its own counsel and engaging in the defense of any claim
concurrent with your defense of any such claim. At all times GOTADEMO shall control the defense of any claim.
No Guarantee
: Nothing in the Terms of Use shall in any way be construed as a guarantee of any particular outcome or result. GOTADEMO provides no assurances
whatsoever that any Materials will ever be Accessed by any User or used by GOTADEMO.
Survival: Any obligation, term,
restriction, waiver, or representation intended to survive your Use of the Site or the expiration or termination of this Agreement shall survive the
same.
Amendment: GOTADEMO may at any time and without notice amend this Agreement or any other policy, statement,
rule, or regulation of GOTADEMO, which amendment shall take effect immediately upon posting. GOTADEMO shall not be required to notify you of any amendment
or posting. By continuing the Use of the Site following any posting, you agree to be bound by the amendment.
Validity: The invalidity or unenforceability of any term or provisio |