VERSION 1.00
EFFECTIVE DATE: 10/25/2021
LAST UPDATED DATE: 10/25/2021
PLEASE READ THESE TERMS OF SALE AND THE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. THE DEMIPLANE CORPORATION IS THE SELLER OR RECORD OF ANY DIGITAL GOOD OR SUBSCRIPTION SERVICE UNLESS OTHERWISE DISCLOSED IN CONNECTION WITH A PARTICULAR DIGITAL GOOD OR SUBSCRIPTION SERVICE. THESE TERMS OF SALE AND THE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND DEMIPLANE REGARDING YOUR PURCHASES OF DIGITAL GOODS AND SUBSCRIPTION SERVICES AND YOUR USE OF THOSE PURCHASES ON THE DEMIPLANE SERVICES, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND DEMIPLANE RELATING TO SUCH PURCHASES. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SALE AND THE TERMS OF USE, THE TERMS OF SALE SHALL BE CONTROLLING.
CERTAIN PRODUCTS, SERVICES, AND CONTENT MAY FROM TIME TO TIME BE MADE AVAILABLE TO YOU (“YOU”, “YOUR”, OR “USER”) BY THE DEMIPLANE CORPORATION OR THEIR AFFILIATES (“DEMIPLANE”, “WE”, “US”, “OUR”) IN CONNECTION WITH THE WEBSITE AVAILABLE AT WWW.DEMIPLANE.COM, DEMIPLANE’S NETWORK OF WEBSITES AND SOFTWARE APPLICATIONS, OR OTHER PRODUCTS OR SERVICES OFFERED BY DEMIPLANE (THE “DEMIPLANE SERVICES”). BY PURCHASING PRODUCTS, SERVICES, ACCESS TO CONTENT, OR CONTENT (“DIGITAL GOODS”) ON A ONE-TIME BASIS, A SUBSCRIPTION BASIS WITH RECURRING PAYMENTS (“SUBSCRIPTIONS SERVICES”) AND/OR AS A GIFT TO ANOTHER USER THROUGH THE DEMIPLANE SERVICES THAT LINK TO THESE TERMS OF SALE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SALE IN EFFECT AT THE TIME OF PURCHASE (“TERMS OF SALE”). YOUR PURCHASES OF DIGITAL GOODS AND SUBSCRIPTION SERVICES AND YOUR USE OF THE DEMIPLANE SERVICES ARE ALSO GOVERNED BY DEMIPLANE’S TERMS OF USE (“TERMS OF USE”). FOR THE AVOIDANCE OF DOUBT, SECTION 13 (INDEMNIFICATION), SECTION 14 (DISCLAIMER OF WARRANTIES AND CONDITIONS), SECTION 15 (LIMITATION OF LIABILITY), SECTION 19 (DISPUTES), AND SECTION 20 (GENERAL PROVISIONS) OF THE TERMS OF USE ALSO APPLY TO YOUR PURCHASES OF DIGITAL GOODS AND SUBSCRIPTION SERVICES AND YOUR USE OF THOSE PURCHASES ON THE DEMIPLANE SERVICES.
a. Revisions to Terms. PLEASE NOTE THAT THE TERMS OF SALE ARE SUBJECT TO CHANGE BY DEMIPLANE IN ITS SOLE DISCRETION AT ANY TIME. Any changes to the Terms of Sale will apply to any purchase made after posting such changes on the Demiplane Services. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transactions. When changes are made to these Terms of Sale, Demiplane will make a new copy of the Terms of Sale available on the Demiplane Services. We will also update the “Last Updated” date at the top of the Terms of Sale. Please check these Terms of Sale periodically for those changes. If you do not agree to these Terms of Sale (or any future changes made to the Terms of Sale), you shall stop using the Demiplane Services. Otherwise, your continued use of the Demiplane Services constitutes your acceptance of such changes. PLEASE REGULARLY CHECK THE DEMIPLANE SERVICES TO VIEW THE THEN-CURRENT TERMS.
In order to make a purchase on the Demiplane Services, you are required to become a Registered User and comply with these Terms of Sale and Terms of Use. For the avoidance of doubt, Section 2a (Registering Your Account), Section 2b (Access through an SNS), and Section 2c (Registration Data) also apply to your purchases of Digital Goods and Subscription Services and the use of those purchases on the Demiplane Services. Demiplane reserves the right to refuse or cancel orders or terminate accounts at any time at its sole discretion.
a. Third-Party Agreements. Your enjoyment and purchase of digital goods and use of certain Demiplane Services may be subject to additional third-party legal terms (e.g., connecting third-party digital accounts to secure a reduced price for digital goods). You are bound by such third-party legal terms, and we encourage you to read them.
Demiplane may allow, from time to time, Users to “earn”, “buy”, “unlock”, “purchase” or otherwise gain access to certain Digital Goods, such as packs, add-ons, or access constituting units of information for use in conjunction with the Demiplane Services. These Digital Goods may be sold individually or may be sold in groupings.
a. As-is Basis. You acknowledge and agree that (i) Demiplane may change the price of Digital Goods or Subscription Services at any time, without notice, for any reason or for no reason, (ii) the amount of currency necessary to obtain certain Digital Goods or Subscription Services may fluctuate, (iii) Demiplane has no liability to you for any changes in the price of Digital Goods, Subscription Services, and/or the amount of currency necessary to obtain such Digital Goods and/or Subscription Services, (iv) Digital Goods and Subscription Services made available by Demiplane are only usable in conjunction with the Demiplane Services, and (v) the Demiplane Services are provided as-is and are subject to changes and further development.
b. License to Digital Goods. The “earning”, “buying”, “unlocking”, “purchasing” or otherwise gaining access to Digital Goods through the Demiplane Services grants you a non-exclusive, revocable, limited license and right to access the Digital Goods for your personal, non-commercial use (except where commercial use is expressly allowed herein or in the applicable Terms of Use). This license is subject to your compliance with these Terms and any other relevant policies enacted by Demiplane. This license ends upon termination of (a) this Agreement, or (b) the Registered Account that “earned”, “bought”, “unlocked”, “purchased”, or otherwise gained access to the Digital Goods. Digital Goods are licensed, not sold. Your license confers no title or ownership of the Digital Goods or of the Demiplane Services. All title, ownership rights, and intellectual property rights in and to the Digital Goods, Subscription Services, and the Demiplane Services and any and all copies thereof, are owned by Demiplane or its affiliate licensors. All rights are reserved, except as expressly stated herein or in the applicable Terms of Use. Digital Goods and Demiplane Services are protected by copyright laws and other laws. Digital Goods and the Demiplane Services contain certain licensed materials, and Demiplane’s and its affiliates’ licensors may protect their rights in the event of any violation of this Agreement. All details and restrictions on these digital goods not specified in these Terms or elsewhere on the Demiplane Services will be determined by Demiplane in its sole discretion.
If you wish to secure a commercial use license, please contact support@demiplane.com for further assistance.
c. Payment Authorization and Methods. When you provide payment information to Demiplane or one of its payment processors, you represent to Demiplane that you are the authorized user of the card, PIN, key, or account associated with that payment, and you authorize Demiplane to charge your credit card or to process your payment with the chosen third-party payment processor for Digital Goods, Subscription Services, the Demiplane Services, or other fees incurred by you. Demiplane may require you to provide your address or other information in order to meet its obligations under applicable tax law.
d. Taxation. Registered Users are responsible for any applicable national, state, or local sales or use taxes, value-added taxes (“VAT”), or similar taxes or fees payable in connection with your purchase of any Digital Goods or Subscription Services for yourself or as a gift. As the purchaser of a Digital Good or Subscription Services for another party as a gift, taxes or other fees on that transaction will be calculated based on your country of residence. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Demiplane reserves the right to collect such taxes or other fees from you at any time.
e. Payments for Subscription Services. Subscription Services are purchased based on an agreed usage period, where recurring payments are made in exchange for continued use. By continuing to use the Subscription Service, you agree and reaffirm that Demiplane is authorized to charge your credit card or to process your payment with any other applicable third-party payment processor for any applicable recurring payment amounts. You agree that your Subscription Service will renew continuously until you cancel it. Demiplane reserves the right to discontinue or modify any subscription fee payment option. If we discontinue or modify a subscription payment option, we will provide notice of such discontinuance or modification by email or through the Demiplane Services in advance of the next billing date. If you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Subscription Service that is subject to the promotion. If you have purchased any Subscription Services, you agree to notify Demiplane promptly of any changes to your credit card account number, its expiration date and/or your billing address, or any other adjusted payment account details. You agree to notify Demiplane if your credit card or other payment account expires or is canceled for any reason.
f. Free Digital Goods and Subscription Services. In some cases, Demiplane may offer free access to certain Digital Goods and/or Subscription Services. As with all Digital Goods and Subscription Services, you are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using the Demiplane Service, even when Demiplane offers a free Digital Good and/or Subscription Service.
g. Responsibility for Charges Associated With Registered Users. As the Registered User, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Registered User account, including your family or friends. If you cancel your Registered User account, Demiplane reserves the right to collect fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before Demiplane will allow you to register again.
a. Refunds. Demiplane does not offer any refunds or credits for Digital Goods purchased through the Demiplane Services, including fees for Subscription Services. You understand and acknowledge that Demiplane may decide to change the terms of this refund policy at any time.
b. Cancelling Subscription Services. You may cancel your Subscription Services at any time by selecting “Cancel Subscription” in your subscription settings in the Account Settings section of the Demiplane Services. Demiplane may cancel your Subscription Service by giving you notice by email or through the Demiplane Services for reasons listed herein and referenced in the Terms of Use. Either party’s cancellation under the above language is effective at the end of the current payment period, and your Subscription Services will continue until the end of the current payment period. You will not receive a refund for the payment period in which you submit your cancellation.
With respect to Digital Goods and Subscription Services you purchase in connection with the Demiplane Services, you acknowledge and agree that upon making such Digital Goods and Subscription Services available to you (or to their intended, authorized recipients), Demiplane will have fully satisfied its obligation to deliver or otherwise provide such Digital Goods or Subscription Services, regardless of any failure or inability to use such Digital Goods and/or Subscription Services.
a. Descriptions of Digital Goods & Subscription Services. Demiplane and its suppliers and licensors continually upgrade and revise the Demiplane Services to provide you with new Digital Goods and Subscription Services. Demiplane may revise, discontinue, or modify Digital Goods and Subscription Services at any time without prior notice to you, and Digital Goods and Subscription Services may become unavailable without notice. Demiplane shall have no liability of any kind if a Digital Good or Subscription Service that has been ordered is unavailable. If necessary, Demiplane reserves the right to cancel an order or substitute a Digital Good or Subscription Service of equal or greater value when a service or digital good is unavailable. For example, for pre-paid purchases of multi-month Demiplane subscription services, in the event subscription service A stops being available, Demiplane is unable to offer you a refund but, upon request, will upgrade you to subscription service B for the number of months remaining on your original subscription.
b. Errors. Demiplane attempts to be as accurate as possible and eliminate errors on the Demiplane Services; however, we do not warrant that any Digital Good or Subscription Service or description, photograph, pricing, or other information of a Digital Good or Subscription Service is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Demiplane Services, in an order confirmation, in processing an order, delivering a Digital Good or Subscription Service, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, in lieu of a refund, as provided in this paragraph, we may opt to provide you with a service credit with a value equal to the amount charged to your payment method. Demiplane reserves the right to determine and modify the exact nature of any such service credit from time to time, including conversion into one or more different types of Digital Goods and Subscription Service credits. Your sole remedy in the event of an error is to cancel your order and obtain a refund or credit as set forth above.
Your privacy is important to us. Please read Demiplane’s Privacy Policy for information related to how Demiplane stores, uses and discloses your personal information.
a. DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEMIPLANE AND ITS AFFILIATES AND SERVICE PROVIDERS EXPRESSLY DISCLAIM (I) ANY WARRANTY FOR DEMIPLANE, DIGITAL GOODS, AND SUBSCRIPTION SERVICES, AND (II) ANY COMMON LAW DUTIES WITH REGARD TO DEMIPLANE, THE DIGITAL GOODS, AND SUBSCRIPTION SERVICES, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. DEMIPLANE, DIGITAL GOODS, SUBSCRIPTION SERVICES, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNITED STATES UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. ALSO, THERE IS NO WARRANTY OF TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH DEMIPLANE, DIGITAL GOODS, AND THE SUBSCRIPTION SERVICES, OR INFORMATION AVAILABLE IN CONNECTION THEREWITH.
REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY DEMIPLANE.
b. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW, NEITHER DEMIPLANE, ITS LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF DEMIPLANE’S SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE DEMIPLANE SERVICES. YOUR REGISTERED USER ACCOUNT, YOUR DIGITAL GOODS, AND YOUR SUBSCRIPTION SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL DEMIPLANE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DEMIPLANE SERVICES AND INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE DEMIPLANE SERVICES. EVEN IN THE EVENT OF DEMIPLANE’S OR ITS AFFILIATES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF DEMIPLANE’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EACH OF DEMIPLANE, ITS LICENSORS, AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
For more information, please visit Demiplane’s Help Center. For questions, feel welcome to use our contact us tools here or email support@demiplane.com.