Effective Date: 4/1/2020
Last Updated Date: 5/4/2020
c. Third-Party Materials. As a part of Demiplane Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Demiplane to monitor such materials and that you access these materials at your own risk.
c. Registration Data. In registering an account on the Website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least thirteen (13) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Demiplane Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Demiplane Properties by minors. You may not share your Account or password with anyone, and you agree to (y) notify Demiplane immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Demiplane has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Demiplane has the right to suspend or terminate your Account and refuse any and all current or future use of Demiplane Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Demiplane reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Demiplane Properties if you have been previously removed by Demiplane, or if you have been previously banned from any of Demiplane Properties.
d. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Demiplane.
e. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Demiplane Properties, including but not limited to, a mobile device or computer that is suitable to connect with and use Demiplane Properties. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Demiplane Properties. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the Services. Demiplane will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing firstname.lastname@example.org.
3. RESPONSIBILITY FOR CONTENT.
a. Types of Content. You acknowledge that all Content, including Demiplane Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Demiplane, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Demiplane Properties (“Your Content”), and that you and other Registered Users of Demiplane Properties, and not Demiplane, are similarly responsible for all Content that you and they Make Available through Demiplane Properties (“User Content”).
c. Storage. Unless expressly agreed to by Demiplane in writing elsewhere, Demiplane has no obligation to store any of Your Content that you Make Available on Demiplane Properties. Demiplane has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Demiplane Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Demiplane retains the right to create reasonable limits on Demiplane’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Demiplane in its sole discretion.
a. Demiplane Properties. Except with respect to Your Content and User Content, you agree that Demiplane and its suppliers own all rights, title and interest in Demiplane Properties (including but not limited to, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Demiplane game, and Demiplane game clients and server software ). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Demiplane Properties.
b. Trademarks. Demiplane and all related graphics, logos, service marks and trade names used on or in connection with any Demiplane Properties or in connection with the Services are the trademarks of Demiplane and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Demiplane Properties are the property of their respective owners.
c. Other Content. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in Demiplane Properties.
d. Your Content. Demiplane does not claim ownership of Your Content. However, when you as a Registered User post or publish Your Content on or in Demiplane Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
e. License to Your Content. Subject to any applicable account settings that you select, you grant Demiplane a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Demiplane Properties to you and to our other Registered Users. Please remember that other Registered Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Demiplane Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Demiplane, are responsible for all of Your Content that you Make Available on or in Demiplane Properties.
f. Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on Demiplane Properties, you hereby expressly permit Demiplane to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
g. Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Demiplane in its sole discretion. You may not post or submit for print services a photograph of another person without that person’s permission.
h. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Demiplane (“Feedback”) is at your own risk and that Demiplane has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Demiplane a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Demiplane Properties and/or Demiplane’s business.
5. USER CONDUCT.
a. Cheating and Hacking. You agree that you will not, under any circumstances:
(i) Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with any Demiplane Properties;
(ii) Interfere with or damage Demiplane Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
(iii) Modify or cause to be modified any files that are a part of Demiplane Properties;
(iv) Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support Demiplane Properties; or (ii) the enjoyment of Demiplane Properties by any other person;
(v) Institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon Demiplane Properties, or other attempts to disrupt Demiplane Properties or any other person’s use or enjoyment of Demiplane Properties;
(vi) Attempt to gain unauthorized access to Demiplane Properties, accounts registered to others, or to the computers, servers or networks connected to Demiplane Properties by any means other than the user interface provided by Demiplane, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of Demiplane Properties;
(vii) Access, tamper with or use non-public areas of Demiplane Properties, Demiplane’s computer systems, or the technical delivery systems of Demiplane’s providers;
(viii) Attempt to probe, scan, or test the vulnerability of any Demiplane system or network, or breach any security or authentication measures;
(ix) Disrupt or interfere with the security of, or otherwise cause harm to, Demiplane Properties, systems, resources, accounts, passwords, servers or networks connected to or accessible through Demiplane Properties or any affiliated or linked sites; or
(x) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Demiplane or any of Demiplane’s providers or any other third party (including another user) to protect Demiplane Properties.
6. Commercial Activities.
a. Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of Demiplane Properties (including your Account), or access to or use of Demiplane Properties;
b. Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in connection with any Demiplane Property;
c. Use Demiplane Properties or any part thereof for any commercial purpose, including, but not limited to, communicating or facilitating any commercial advertisement or solicitation;
d. Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise) in connection with Demiplane Properties; or
e. Market any goods or services for any business purposes on or in connection with any Demiplane Properties
7. Unauthorized Use or Access.
You agree that you will not, under any circumstances:
b. Systematically retrieve data or other content from Demiplane Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods or through the use of bots, crawlers, spiders, or otherwise;
c. Use, display, mirror or frame Demiplane Properties, or any individual element within Demiplane Properties, Demiplane’s name, any Demiplane trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Demiplane’s express written consent;
d. Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through Demiplane Properties or that is in transit from or to Demiplane Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by Demiplane Properties;
e. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or Demiplane Properties, whether through the use of a network analyzer, packet sniffer or other device;
f. Make any automated use of Demiplane Properties, or take any action that imposes or may impose (in Demiplane’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for Demiplane Properties;
g. Bypass any robot exclusion headers or other measures Demiplane takes to restrict access to Demiplane Properties, or use any software, technology or device to send content or messages, scrape, spider or crawl Demiplane Properties, or harvest or manipulate data;
h. Use, facilitate, create, or maintain any unauthorized connection to Demiplane Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of Demiplane Properties; or (ii) any connection using programs, tools or software not expressly approved by Demiplane;
i. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide Demiplane Properties;
j. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Demiplane Properties;
k. Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
l. Solicit or attempt to solicit personal information from other users of Demiplane Properties;
m. Use Demiplane Properties to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
n. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use Demiplane Properties to send altered, deceptive or false source-identifying information; or
o. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
In connection with your use of Demiplane Properties, you shall not:
a. Make Available any Content that, in Demiplane’s sole discretion, (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, Demiplane personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
e. Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
f. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
g. Register for more than one Account or register for an Account on behalf of an individual other than yourself;
h. Stalk or otherwise harass any other user of Demiplane Properties; or
i. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
10. INTERACTIONS WITH OTHER USERS.
a. User Responsibility. You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact; provided, however, that Demiplane reserves the right, but has no obligation, to intercede in such disputes. You agree that Demiplane will not be responsible for any liability incurred as the result of such interactions.
b. Content Provided by Other Users. Demiplane Properties may contain User Content provided by other Registered Users. Demiplane is not responsible for and does not control User Content. Demiplane has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Registered Users at your own risk.
11. THIRD-PARTY SERVICES.
12. FEES AND PURCHASE TERMS.
a. Transactions. Registered Users of the Services contract directly with other Registered Users. Demiplane will not be a party to any contracts between Registered Users. Demiplane facilitates these contracts by connecting Registered Users and supplying a medium for the exchange of money. All payments must be made through the Services.
b. Payment. You agree to pay all fees and charges to your Account in accordance with the fees, charges and billing terms in effect at the time the fee or charge is due and payable. You must provide Demiplane or Demiplane’s payment provider (“Payment Provider”) with a valid credit card. You agree that Demiplane is authorized to charge your credit charge for all fees and charges due and payable hereunder and that no additional notice or consent is required. You agree to immediately notify Demiplane of any change in your billing address or the credit card used for payment hereunder. Demiplane reserves the right at any time to change its prices and billing methods, either immediately upon posting on Demiplane Properties or by e-mail delivery to you.
d. Withholding Taxes. You agree to make all payments of fees to Demiplane free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Demiplane will be your sole responsibility, and you will provide Demiplane with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
e. Free Trials and Other Promotions. Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee.
f. Advertising Revenue. Demiplane reserves the right to display Third-Party Ads before, after, or in conjunction with User Content posted on the Services, and you acknowledge and agree that Demiplane has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Demiplane as a result of such advertising).
g. Disputes. Unless otherwise provided by the applicable Payment Provider, you must notify us in writing at the following address: The Demiplane Corporatoin, PO Box 946, Pulaski, WI 54162 within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived.
14. DISCLAIMER OF WARRANTIES AND CONDITIONS.
a. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF DEMIPLANE PROPERTIES IS AT YOUR SOLE RISK, AND DEMIPLANE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. DEMIPLANE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
b. DEMIPLANE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) DEMIPLANE PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF DEMIPLANE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF DEMIPLANE PROPERTIES WILL BE ACCURATE OR RELIABLE.
c. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH DEMIPLANE PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS DEMIPLANE PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
d. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. DEMIPLANE MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DEMIPLANE OR THROUGH DEMIPLANE PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
f. FROM TIME TO TIME, DEMIPLANE MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT DEMIPLANE’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
g. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT DEMIPLANE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD DEMIPLANE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU .
h. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF DEMIPLANE PROPERTIES. YOU UNDERSTAND THAT DEMIPLANE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF DEMIPLANE PROPERTIES.
15. LIMITATION OF LIABILITY.
b. Cap on Liability. UNDER NO CIRCUMSTANCES WILL DEMIPLANE PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO DEMIPLANE BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A DEMIPLANE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A DEMIPLANE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A DEMIPLANE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
d. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DEMIPLANE AND YOU.
e. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is Demiplane’s policy to terminate membership privileges of any Registered User who repeatedly infringes copyright upon prompt notification to Demiplane by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Demiplane Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on Demiplane Properties of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Demiplane’s Copyright Agent for notice of claims of copyright infringement is as follows: email@example.com.
(ii) Delete any of Your Content provided by you or your agent(s) to Demiplane Properties;
(iii) Discontinue your registration(s) with any of Demiplane Properties, including any Services or any Demiplane community;
(iv) Discontinue your subscription to any Services;
(v) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(vi) Pursue any other action which Demiplane deems to be appropriate.
17. TERM AND TERMINATION.
c. Termination of Services by Demiplane. Demiplane has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Demiplane’s sole discretion and that Demiplane shall not be liable to you or any third party for any termination of your Account.
d. Termination of Services by You. If you want to terminate the Services provided by Demiplane, you may do so by (a) notifying Demiplane at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Demiplane’s address set forth below.
18. INTERNATIONAL USERS.
Demiplane Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Demiplane intends to announce such Services or Content in your country. Demiplane Properties are controlled and offered by Demiplane from its facilities in the United States of America. Demiplane makes no representations that Demiplane Properties are appropriate or available for use in other locations. Those who access or use Demiplane Properties from other countries do so at their own volition and are responsible for compliance with local law.
19. DISPUTE RESOLUTION.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Demiplane and limits the manner in which you can seek relief from us.
b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent: Corporations Service Company, 251 Little Falls Drive, Wilmington, DE 19807. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Demiplane will pay them for you. In addition, Demiplane will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
c. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
f. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Wisconsin. All other disputes, claims, or requests for relief shall be arbitrated.
h. Severability. Except as provided in Section 19(h), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
i. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Demiplane.
20. GENERAL PROVISIONS.
a. Electronic Communications. The communications between you and Demiplane may take place via electronic means, whether you visit Demiplane Properties or send Demiplane e-mails, or whether Demiplane posts notices on Demiplane Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Demiplane in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Demiplane provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”) .
d. Force Majeure. Demiplane shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
e. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Demiplane Properties, please contact us at: firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
f. Limitation Period. YOU AND DEMIPLANE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, DEMIPLANE PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
k. Such notice shall be deemed given when received by Demiplane by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
n. Export Control. You may not use, export, import, or transfer Demiplane Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Demiplane Properties, and any other applicable laws. In particular, but without limitation, Demiplane Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Demiplane Properties, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties . You also will not use Demiplane Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Demiplane are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Demiplane products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
o. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210 .