Thank you for using our services (“Services”). These Services are provided by Demografy Inc. ("we", "us", "our", "Demografy"), located at 2055 Limestone Rd, STE 200-C, Wilmington, DE, USA 19808. By using our Services, you are agreeing to the following terms and conditions (“Terms”). These Terms govern all use of the Demografy website and all content, services, other websites and products related to the website (taken together, "Demografy.com").
1. Your Account.
If you create account on Demografy.com, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Demografy of any unauthorized uses of your account, or any other breaches of security. Demografy will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. Prohibited Uses.
When using Demografy.com, you agree not to:
Engage in activity that is illegal under applicable law.
Use Demografy.com to overburden Demografy’s systems, as determined by us in our sole discretion.
Use segmentation by demographic indicators that may violate applicable law (for example, segment by race or Hispanic origin for the purpose of advertising housing, employment or credit opportunities).
Knowingly submit lists containing people younger than 18 years old.
Knowingly provide incorrect and/or misleading information about your business and purpose of segmentation / analytics (this information is vital for improving quality of our Services and vital for providing you with better accuracy).
Upload material that is or enables malware, spyware, adware, or other malicious code.
Allow usage by others in such a way as to violate this Agreement.
Make excessive or otherwise harmful automated use of the Demografy.com.
Maliciously impersonate any real person or entity or to otherwise misrepresent your affiliation with any person or entity.
4. Payments and discounts.
Some Services such as list segmentation are paid. By using them, you agree that these services are not refundable and not guaranteed and you use them at your own discretion and risk. If provided services don’t meet your goals or don’t satisfy you in any way, we will not refund you. Our Services are intended only for information purposes and data provided by our Services is provided only for information purposes. We don't provide marketing, advertising or other services and don't guarantee the success of particular marketing or advertising campaigns that use data provided by our Services. By paying for these services you agree to provide us with all necessary payment information to process transactions if necessary. Some services also have discounts based on factors such as size of lists you upload and other criteria. We reserve the right, at our sole discretion, to change eligibility criteria for these discounts or change or completely cancel these discounts at any time with or without notification. We also reserve the right, at our sole discretion, to change prices of our Services at any time with or without notification.
5. Customer reference.
You agree that Demografy may identify you as a recipient of our Services and use your company's name and logo in marketing materials, presentations, its websites and other materials. Doing it, Demografy will respect your privacy and will not publish or disclose your private information or information related to your use of our Services.
Some of our Services such as list segmentation provide you with individual estimates of accuracy. While we believe that such estimates are reasonably accurate to some degree, we can’t guarantee correctness of such estimates that are beyond our reasonable control. Our technology is new, very sophisticated and, as a result, such estimates are not intended to be 100% accurate prediction of your actual accuracy. It is just an estimate to provide you with as much input for decision making as possible. It also heavily depends on the quality of data you provide so we cannot guarantee its correctness in no event. As a result, list segmentation service and other Services are not refundable and you use them at your own discretion and risk. Our Services are intended only for information purposes and data provided by our Services is provided only for information purposes. We don't provide marketing, advertising or other services and don't guarantee the success of particular marketing or advertising campaigns that use data provided by our Services.
7. Copyright Infringement and DMCA Policy.
As Demografy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Demografy.com violates your copyright, you are encouraged to notify Demografy in accordance with Demografy’s Digital Millennium Copyright Act (“DMCA”) Policy. Demografy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Demografy will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Demografy or others. In the case of such termination, Demografy will have no obligation to provide a refund of any amounts previously paid to Demografy.
8. Intellectual Property.
This Agreement does not transfer from Demografy to you any Demografy's or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Demografy. Demografy, Demografy Inc., Demografy.com, the Demografy.com logo, and all other trademarks, service marks, graphics and logos used in connection with Demografy.com or our Services, are trademarks or registered trademarks of Demografy or Demografy’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Demografy or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. We will take reasonable steps to notify you of any substantial changes to this Agreement; however, it is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Demografy.com and its services following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, add new services and/or features through the Demografy. Such new services and/or features shall be subject to the terms and conditions of this Agreement.
Demografy may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Demografy.com account (if you have one), you may simply discontinue using our Services by contacting us. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties.
Our Services are provided "as is." Demografy hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, fitness for a particular expectations and non-infringement. Demografy makes no warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you use our Services at your own discretion and risk.
12. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Lithia, Florida or Tallahassee, Florida.
13. Limitation of Liability.
In no event will Demografy be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) any statements or conduct of any third party on the service; or (v) any unauthorized access to or alterations of your Content. We shall have no liability for any failure or delay due to matters beyond our reasonable control.
14. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Demografy reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Demografy, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Terms of Service document is based on one developed by Automattic (Wordpress.com) and is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.