PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
Welcome to the Demand Media web site run by Demand Media Limited. By
using this website, the user ("user" or "you") agree
to the following terms of use. If you do not agree to these terms of
use, you should exit the website.
Demand Media reserves the right to alter the contents of this website
at any time without notice to you. Your continued use of this site implies
that you accept to be bound by any updated version of this site. You
may wish to open these terms and conditions in another browser window
so you may print them out.
Copyright
All content included on this site including but not limited to web
site design, text, graphics, audio clips, visual clips, logos, button
icons and the selection and arrangement thereof are either the property
of Demand Media Limited or its contents suppliers and are protected
by UK and international copyright laws. All software used on this site
is the property of Demand Media Limited and is protected by UK and international
copyright laws ALL RIGHTS ARE RESERVED.
Permission is Demand Media Limited and using this website as a shopping
resource only. Any other use of materials on this Web Site including
reproduction for purposes other than those noted above, modification,
distribution, transmission, broadcasting republication, downloading
or uploading without the prior written permission of Demand Media Limited
is strictly prohibited.
Notification of Copyright Infringement
Demand Media Limited will, in appropriate circumstances, terminate
the accounts of users who infringe the intellectual property rights
of others. If you believe that your work has been used or copied in
a way that constitutes copyright infringement, please provide our Legal
Department with a Notice containing the following elements:
a physical or electronic signature of the person authorised to act on
behalf of the owner of the copyright interest that is alleged to have
been infringed;
a description of the copyrighted work or works that you claim have been
infringed and which you request to be removed from the site;
a description of the location of the material that you claim is being
infringed;
information sufficient to permit Demand Media Limited to contact you,
such as your physical address, telephone number and e-mail address;
a statement by you that you have a good faith belief that the use of
the material identified in your Notice in the manner complained of is
not authorised by the copyright owner, its agent, or the law;
a statement by you that the information in your Notice is accurate and
that you are the copyright owner or are authorised to act on the copyright
owner's behalf.
You can notify Demand Media Limited of any claims of copyright infringement
at the following address:
Demand Media Limited
Unit D2
Fairoaks Airport
Chobham
Surrey
GU24 8HX
United Kingdom
Trademarks
Demand Media Limited and all page headers, custom graphics and button
icons are service marks, trademarks, and/or trade dress of Demand Media
Limited. All other trademarks, product names and company names or logos
cited herein are the property of their respective owners ("Third
Party Trade Marks"). You are not permitted to use the Demand Media
Limited Trademarks or Third Party Trademarks without the prior written
consent of Demand Media Limited or such third parties that may own the
Trademarks.
For further information on Intellectual Property matters please contact
our Head Office at:
Demand Media Limited
Unit D2
Fairoaks Airport
Chobham
Surrey
GU24 8HX
United Kingdom
Amending The Terms And Conditions Of Use
Demand Media Limited may add to, change or remove any part of these
Terms and Conditions of Use at any time, without notice. Any changes
to these Terms and Conditions of Use or any terms shown on this website
or any sub sites hereof, apply as soon as they are shown. By continuing
to use this website after any changes are posted, you are indicating
your acceptance of those changes. Demand Media Limited may add, change,
discontinue, remove or suspend any other content displayed on this website,
including features and specifications of products and services described
or depicted on the website, temporarily or permanently, at any time,
without notice and without liability.
Children Under 18
If you are under 18, you must ask your parents or a guardian before
you:
E-mail the website, or ask Demand Media Limited to e-mail anything
to you;
Send in any information to Demand Media Limited;
Buy anything online
By continuing to use this website and any of the services offered,
you are confirming that you have received the consent of your parents
or a guardian. PLEASE NOTE that all minors are recommended to discuss
these terms and conditions with their parents before they complete the
registration process.
In order to place an order with Demand Media Limited you will need
to register to use the site.
In return for allowing you to use the Demand Media Limited web site
and benefiting from our services, you agree that any information you
provide us about yourself at any time will be true, accurate, current
and complete and that you will ensure that this information is kept
accurate and up to date. If incorrect information is supplied any contractual
obligation Demand Media Limited has is immediately null and void.
If you send communications or materials to this website by electronic
mail or otherwise, concerning any comments, questions, suggestions or
the like, all such communications are, and will be treated as, non-confidential
and non-proprietary. Thus, you give up any claim that any use of such
material infringes any of your rights including moral rights, proprietary,
or any other right, including the right to approve the way in which
Demand Media Limited uses such material.
Any material submitted to this website, may be adapted, broadcast,
changed, copied, disclosed, licensed, performed, posted, published,
sold, transmitted or used on a royalty free basis by Demand Media Limited
anywhere in the world, in any medium, in perpetuity.
Please note that this provision does not relate to any personal data
that you submit which will be dealt with in accordance with the provisions
of this website's 'Privacy Policy' which is part of these Terms and
Conditions.
Privacy
We treat your privacy very seriously. Demand Media Limited’s
Privacy Policy provides details about the type of information we may
collect from you and details of how we may use this information. You
are asked to read our Privacy Policy, which forms a part of these Terms
and Conditions and sets out the way in which your personal data is handled.
Use of the Site
You agree that you will only use our web site in a way which is consistent
with our terms and conditions and which complies with applicable laws
and regulations. In particular you agree that you will not use our web
site to upload or send any material which contains software viruses
or other codes, files or programs designed to interrupt, destroy or
limit the functionality of any computer software, hardware or telecommunications
equipment or in any other manner which would interfere with or disrupt
our web site. You acknowledge that our web site and any goods that you
obtain from our web site are provided for your personal use only and
may not be used for any commercial purposes or distributed commercially
without our permission.
Purchasing Goods
The Help Section tells you how to order and pay for products. It also
addresses any questions you might have about delivery of your products,
your right to cancel orders or return faulty products to us and our
quality assurance.
Pre-Ordering items from Demand Media Limited
Demand Media Limited will pre-authorise and charge for all pre-ordered
goods in advance of dispatch. The reason is to ensure that stock is
allocated against your order and to provide sufficient time to pick,
pack and ship in time for the launch date. It is also sometimes necessary
for the customer to confirm details contained within the order.
Links
Demand Media Limited may choose to provide links to sites owned by
Demand Media Limited and associated companies from time to time and
may also choose to provide links to sites that are owned by third parties
that are not connected with Demand Media Limited. All links are provided
for your convenience only. Access to sites that are owned by third parties
is at your own risk and Demand Media Limited has no responsibility or
liability for these third-party sites.
Availability
Demand Media Limited will use all reasonable endeavours to ensure that
this web site is fully operational at all times. However we cannot guarantee
that the web site will be fault free. In particular access to this web
site may be interrupted or restricted to allow for emergency or routine
repairs or maintenance to be carried out or the introduction of new
facilities or services.
Further, by using this website and any sub site, you acknowledge and
agree that the Internet uses elements and relies upon services, input
and facilities which are not within the control of Demand Media Limited
and if Demand Media Limited is totally or partially prevented or delayed
in the performance of any of its obligations in providing a particular
service, such a situation will constitute a 'force majeure' and Demand
Media Limited shall be excused the performance for so long as such a
situation endures.
For the purposes of these Terms and Conditions, the term 'force majeure'
shall be deemed to include any cause affecting the performance by Demand
Media Limited of its obligations arising from or attributable to acts,
events, omissions or accidents beyond the reasonable control of Demand
Media Limited and in particular, but not by way of limitation, shall
include strikes, lock-outs, other industrial action, actual or threatened
terrorist action, civil commotion, riot, crowd disorder, invasion, war,
threat or preparation for war, fire, technical or power failure, software,
hardware or telecommunication or other network failures, interruptions,
disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence,
structural damage, epidemic or other natural or physical disaster, any
legislation, regulation, rule or ruling of government, court or any
competent authority.
Demand Media Limited reserves its right to restrict, suspend or terminate
your use of this web site or any of our services at any time if we believe,
in our absolute discretion, that you have breached these terms and conditions.
You agree to indemnify, defend and hold Demand Media Limited and, all
of its associate companies, their directors, employees, information
providers, licensors and licensees, officers and partners, (collectively,
"Indemnified Parties") harmless from and against any and all
liability and costs (including, without limitation, legal fees and costs),
incurred by the Indemnified Parties in connection with any claim arising
out of any breach by you of these Terms and Conditions. You will co-operate
as fully as reasonably required by Demand Media Limited in Demand Media
Limited’s defence of any claim. Demand Media Limited reserves
the right, at their own expense, to assume the exclusive defence and
control of any matter and you shall not in any event settle any matter
without the written consent of Demand Media Limited.
Alterations
We may amend this web site and our services any time with or without
notice to you.
Complaints
If you have any complaints about our web site or any of the products
supplied to you, please contact Demand Media Limited through the Contact
Details section on the website. For customers calling from outside the
UK you should call 00 44 1276 858 435
Miscellaneous
The Terms and Conditions together with our Help Section and Privacy
Policy contain the full and complete understanding between Demand Media
Limited and you. No advice or information, whether oral or written,
obtained by you through or from the web site or from any conversations
with our staff will operate to vary these terms and conditions.
The Terms and Conditions of website usage together with our Help Section
and Privacy Policy and all contracts made under them shall ensure for
the benefit of any successors and assignees of Demand Media Limited.
Email Service
In situations where Demand Media Limited may give you the option to
subscribe to its email service which will update you with news or information
which it considers to be of interest to you, your use of the content
received through the email service will be subject to these Terms and
Conditions of Use.
Limitation Of Liability
To the fullest extent permitted by applicable laws, Demand Media Limited
nor any of their respective directors, employees, affiliates or other
representatives will be liable for loss or damages arising out of or
in connection with the use of, or inability to use, the materials in
and/or facilities or services offered through this website, including,
but not limited to, indirect or consequential loss or damages, loss
of data, income, profit or opportunity, loss of or damage to property
and claims of third parties, even if Demand Media Limited have been
advised of the possibility of such loss or damages or such loss or damages
were reasonably foreseeable. If this clause is unenforceable in whole
or in part in any jurisdiction due to relevant laws, then in no event
shall Demand Media Limited’s total liability to you for all damages,
losses, and claims (whether in contract, tort (including, but not limited
to, negligence), or otherwise) exceed the amount paid by you, if any,
for accessing this website.
Disclaimer
This website and its contents are provided without any representations
or warranties of any kind, either express or implied. Demand Media Limited
disclaim all representations and warranties, including by way of example
but not limitation, as to fitness for a particular purpose, to the fullest
extent permitted by applicable laws. In addition, Demand Media Limited
does not represent or warrant that the information and/or facilities
accessible via this website are accurate, complete or current, or that
this website will be free of defects, including, but not limited to,
viruses or other harmful elements. The user of this website assumes
all costs arising as a result of the use of this website.
Demand Media Limited has taken all reasonable care in the preparation
of the contents on this web site, but makes no representation or warranty
of any kind with respect to the operation of the site or the information,
content, materials, or products included on this site. To the extent
permitted by applicable law, Demand Media Limited makes no warranty,
express or implied, as to the accuracy, completeness or currency of
the information contained in any of the materials on this web site.
Demand Media Limited reserves the right to change price and availability
information without notice.
Demand Media Limited shall not be liable to any person for any loss
or damage that may arise from the use of any of the information contained
in any of the materials on this web site.
Demand Media Limited reserves the right to decline orders for bulk
or high value purchases.
No exclusions of Demand Media Limited’s liability in these Terms
shall apply to any damages arising from death or personal injury caused
by the negligence of Demand Media Limited’s or any of its directors,
employees or agents or fraudulent misstatement.
Governing Law
These Terms and Conditions and any contracts made under them are governed
by and shall be governed and construed in accordance with the laws of
England and Wales whose courts shall be courts of exclusive competent
jurisdiction. We make no representation that materials on this Site
are appropriate or available for use in other locations, and accessing
them from territories where their contents are illegal is prohibited.
Customers who access this web site from locations outside the United
Kingdom do so at their own risk and on their own initiative and are
responsible for compliance with local laws, to the extent that any local
laws are applicable. Nothing in these Terms shall in any way be deemed
to restrict or affect your statutory rights under English law.
Indemnity
You agree to indemnify and hold Demand Media Limited, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable solicitor's
fees, made by any third party due to or arising out of content you submit,
post to or transmit through the Site, your use of the Site, your connection
to the Site, your violation of the Terms and Conditions, or your violation
of any rights of another person or entity.
HTML Links
Some hypertext (HTML) links on this web site lead to web sites, which
are not under the control of Demand Media Limited. Accordingly, Demand
Media Limited makes no representation or warranty concerning the content
of these web sites and accepts no responsibility or liability in respect
of the material on any web site, which is not under Demand Media Limited’s
control. Demand Media Limited is providing these hypertext links to
you only as a convenience, and the inclusion of any such hypertext link
does not imply an endorsement by Demand Media Limited of the linked
site or imply any relationship between Demand Media Limited and the
hyper-linked organisation or individual.
Governing law and jurisdiction
This web site is controlled and operated by Demand Media Limited from
its offices in England. We make no representation that materials on
this site are appropriate or available for use in other locations, and
accessing them from territories where their contents are illegal is
prohibited. Customers who access this web site from locations outside
the United Kingdom do so at their own risk and on their own initiative
and are responsible for compliance with local laws, to the extent that
any local laws are applicable.
All terms and conditions contained on this web site shall be governed
by and construed in accordance with English law. By using this web site,
you hereby submit to the exclusive jurisdiction of the courts of England
and Wales for the resolution of any dispute arising under or in connection
with these Terms or your use of this web site.
Nothing in these Terms shall in any way be deemed to restrict or affect
your statutory rights under English law.
Terms and Conditions © 2008, Demand Media Limited