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Monday Dec 22

Terms of Service

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Rimon Press, LLC: Terms of Service
Effective Date: December 3, 2008

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.


Rimon Press, LLC ("we," "us," "our") provides the Web sites, www.demodirt.com (known as  “demo dirt”) and http://sites.google.com/site/demodirtgold/ (known as “demo dirt GOLD”) as well as all services related to the websites—demo dirt Email Newsletter and demo dirt Corporate—subject to your compliance with the terms and conditions set forth in this Agreement. By using any of our services, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use any of our services.

You must be at least 13 years of age to log onto and use demo dirt GOLD. If you are not at least 13 years old, you may not access or use demo dirt GOLD.

This Agreement is made between Rimon Press, LLC and you, the user and/or member of one or more of the demo dirt GOLD subscription service ("you"). We reserve the right at any time to:

change the terms and conditions of this Agreement;
change demo dirt GOLD, including eliminating or discontinuing any content on or feature of demo dirt GOLD; or
change any fees or charges for use of demo dirt GOLD.

Any changes we make will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on demo dirt, demo dirt GOLD, or via electronic mail. Your use of demo dirt GOLD after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version.

You agree to comply with all applicable U.S. (federal, state, and local) and non-U.S. laws, rules, and regulations in your access and use of demo dirt, demo dirt GOLD, or their associated products.

Privacy


Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

Code of Conduct

The User may, free of charge and on an occasional basis, make a single copy in paper form of an individual demo dirt GOLD article appearing on the demo dirt and demo dirt GOLD Web sites for personal, non-commercial use provided the User includes all copyright and other proprietary rights notices that appeared on the original and includes a notice indicating that www.demodirt.com is the source of the material. For all other hard copy uses please contact the editor (201-446-4114 (ph); email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) for information or instructions. Fees are determined by the extent of use. In addition to any other restrictions on use contained in this Agreement, the User may not disseminate any portion of demo dirt, demo dirt GOLD, and their associated products through electronic means, including mail lists or electronic bulletin boards, without the prior consent of Rimon Press, LLC.
demo dirt, demo dirt GOLD, and their associated products may not be reproduced, transmitted, or distributed without Rimon Press, LLC’s permission. The User may not mix any portion of demo dirt, demo dirt GOLD, or their associated products with any other information and shall not edit, modify, or alter any portion. All of demo dirt, demo dirt GOLD, or their associated products Own Content is either the property of Rimon Press, LLC or is licensed to Rimon Press, LLC. The User shall honor all reasonable requests by Rimon Press, LLC to protect Rimon Press, LLC’s proprietary interests in demo dirt, demo dirt GOLD, and their associated products.

While using demo dirt, demo dirt GOLD, or their associated products, you agree not to:

obtain or attempt to obtain through any means any materials or information on demo dirt or demo dirt GOLD that has not been intentionally made publicly available either by public display on demo dirt or demo dirt GOLD or through accessibility by a visible link on demo dirt or demo dirt GOLD;

violate the security of demo dirt or demo dirt GOLD or attempt to gain unauthorized access to demo dirt or demo dirt GOLD, data, materials, information, computer systems or networks connected to any server associated with demo dirt or demo dirt GOLD, through hacking, password mining or any other means;
impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;

interfere with, attempt to interfere with or otherwise disrupt the proper working of demo dirt or demo dirt GOLD, any activities conducted on or through demo dirt or demo dirt GOLD or any servers or networks connected to demo dirt or demo dirt GOLD, including accessing any data, content or other information prior to the time that it is intended to be available to the public on demo dirt or demo dirt GOLD;

take or attempt any action that, in the sole discretion of demo dirt or demo dirt GOLD, imposes or may impose an unreasonable or disproportionately large load or burden on demo dirt or demo dirt GOLD or the infrastructure of demo dirt or demo dirt GOLD.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content;

disobey any requirements, procedures, policies or regulations of networks connected to demo dirt or demo dirt GOLD;
use demo dirt or demo dirt GOLD to stalk or harass another.

restrict or inhibit any other visitor or member from using demo dirt, demo dirt GOLD, or their associated products, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of demo dirt, demo dirt GOLD, or their associated products;

use demo dirt, demo dirt GOLD, or their associated products for any unlawful purpose or in any unlawful manner;

express or imply that any statements you make are endorsed by us, without our prior written consent;

transmit or post (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about any person or company without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);

engage in spamming or flooding;

transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;

modify, adapt, create derivative works of, license, sublicense, translate, sell, transmit, publish, distribute, reverse engineer, decompile or disassemble any portion of demo dirt, demo dirt GOLD, or their associated products (except as otherwise expressly permitted by us);

remove any copyright, trademark, or other proprietary rights notices contained in demo dirt, demo dirt GOLD, or their associated products;

"frame" or "mirror" or “deep link” any part of demo dirt, demo dirt GOLD, or their associated products without our prior written authorization;

use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," “scrape,” or in any way reproduce or circumvent the navigational structure or presentation of demo dirt, demo dirt GOLD, or their associated products, or their content;

harvest or collect information about demo dirt’s, demo dirt GOLD’s or their associated products’ visitors or members; or

permit anyone else to use any of demo dirt GOLD through your subscription, username or password.

Registration for Subscription to demo dirt GOLD


To have access to demo dirt GOLD, you must be or become a member. When and if you register to become a member, you agree to (a) provide accurate, current, and complete information as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we may terminate this Agreement and your use of demo dirt GOLD.

demo dirt GOLD is powered by Google Sites. As part of the registration process, you will be required to register a username and password with Google Sites. To view the Terms and Conditions of Google Sites, visit http://www.google.com/sites/help/intl/en/terms.html
You agree not to transfer or resell your use of or access to demo dirt GOLD to any third party. If you subscribe to demo dirt GOLD and you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, and immediately notify us by emailing the editor of this site. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.


Disputes

Your rights to use certain material available on or through demo dirt, demo dirt GOLD, or their associated products may be subject to separate written agreements with us (“Other Agreements”). Particular pages or features of demo dirt, demo dirt GOLD, or their associated products with content supplied by us or our licensors or suppliers may have different or additional terms ("Special Terms"), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms. If there is a conflict between these Terms of Use and the Special Terms, the Special Terms will govern with respect to such pages or features or content. In the event of a conflict between these Terms of Use and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control. With the exception of any Special Terms and Other Agreements, these Terms of Use are the entire agreement and understanding between us and you concerning the furnishing of and use of demo dirt, demo dirt GOLD, or their associated products to and by you and supersedes any and all prior understandings or agreements.

Content

You acknowledge and agree that all report, research, analysis periodical and/or other editorial material created and published by Rimon Press, LLC for use by its subscribers and/or clients generally (“Publications”) that are furnished to you on or through  demo dirt, demo dirt GOLD, or their associated products are owned and copyrighted by Rimon Press, LLC or its licensors. You agree that you will not copy, use or otherwise exploit such Publication(s) or any material contained in such Publication(s) in any manner that infringes upon Rimon Press, LLC's or its licensors’ copyright rights under the Copyright Act, as amended, infringes any other intellectual property right of Rimon Press, LLC or its licensors, or violates any provision of these Terms of Use. If you wish to quote from or make excerpts from any Publication or otherwise reuse or republish any portion of any Publication, (i) you shall do so only to the extent that any such action may be taken without violation of the Copyright Act or any other applicable intellectual property law (without regard to any permission or authorization granted by Rimon Press, LLC), or is expressly authorized in writing by Rimon Press, LLC, (ii) you shall provide an appropriate citation to the Publication containing the matter quoted, excerpted or reused, and (iii) you shall not use any portion or any Publication in connection with a prospectus.

Auto-Renewal


For auto-renewal subscribers, your subscription will continue and will renew automatically unless terminated by us in accordance with this Agreement or until you notify us of your decision to terminate your subscription or as otherwise provided in the Other Agreement. The appropriate annual fee for your subscription will be billed automatically at the beginning of each renewal period, unless you cancel your subscription before the renewal period begins. You agree to pay all fees and charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.

Cancellation

You may cancel all subscriptions, including annual renewals, at any time but no refund will be made for unused subscription periods unless otherwise provided in the Other Agreement.

demo dirt, demo dirt GOLD and their associated products

You acknowledge and agree that the structure of demo dirt, demo dirt GOLD, or their associated products, the organization of data in demo dirt, demo dirt GOLD, or their associated products are confidential and proprietary to us. In addition, you shall not use or exploit (including, without limitation, exploitation by re-publishing) any information obtained from demo dirt, demo dirt GOLD, or their associated products except for your own internal purposes in connection with your business. Notwithstanding the foregoing, you may use information obtained from demo dirt, demo dirt GOLD, or their associated products in a manner that is supportive and incidental to other publications and reports which may be made available to your customers or to the general public, so long as (A) such  information is used as the basis for analysis, explication or prediction and not in any manner competitive with or as a substitute for any product or service provided by us or our affiliates (as for example but not limitation by including such data in any database made available by you to your customers), (B) the publications and reports containing such data contain appropriate citations identifying  demo dirt, demo dirt GOLD, or their associated products  and the Source from which such data or information was obtained for inclusion in the demo dirt, demo dirt GOLD, or their associated products; provided, however, that you shall not be required to provide a citation to demo dirt, demo dirt GOLD, or their associated products if the data and/or information used in any such report or submission is available from any state, federal or other publicly-available data source,  (C) notice of your copyright to the publications and reports containing such data is reproduced thereon, and (D) you do not regularly grant your customers or members of the public the right to use any portion thereof in a manner not constituting fair use under the Copyright Act.

Pricing Information

Current rates for demo dirt GOLD are available at www.demodirt.com/subsribe. Rates for demo dirt Corporate may be obtained by calling our Customer Service Department at 201-446-4114. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement.

Copyrights, Trademarks and Limitations on Use

The information available through demo dirt, demo dirt GOLD, or their associated products is the property of, and copyrighted in the name of, Rimon Press, LLC and/or its licensors and is protected by copyright and other intellectual property laws. Information received through demo dirt, demo dirt GOLD, or their associated products may be displayed, reformatted and printed for your personal, internal use only. You may not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the information received through demo dirt, demo dirt GOLD, or their associated products to anyone, including but not limited to others in the same company or organization, without our express prior written consent.

The trademarks and service marks ("Marks") used on demo dirt, demo dirt GOLD, or their associated products are owned or used under license by us. You may not use any Mark without our prior written permission.

demo dirt, demo dirt GOLD, or their associated products include facts, views, opinions and recommendations of individuals and organizations deemed of interest. We do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations.

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While we have endeavored to create a secure and reliable Web site, please be advised that the confidentiality of any communication or material transmitted to/from demo dirt and demo dirt GOLD over the Internet cannot be guaranteed. Accordingly, we and our licensors, suppliers, and partners are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on demo dirt and demo dirt GOLD (and their associated products), or for the consequences of any reliance on such information. We and our licensors, suppliers, and partners shall have no liability for interruptions or omissions in Internet, network, or hosting services. You assume the sole and complete risk of using demo dirt, demo dirt GOLD, or their associated products.

Actual or attempted unauthorized use of demo dirt, demo dirt GOLD, or their associated products may result in criminal and/or civil prosecution. For your protection, we reserve the right to view, monitor, and record activity on demo dirt, demo dirt GOLD, or their associated products without notice or further permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on demo dirt, demo dirt GOLD, or their associated products. We will also comply with all court orders involving requests for such information.

You expressly absolve and release us and our licensors, suppliers, and partners from any claim of harm resulting from a cause beyond our or their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.

Communications

You agree that we may send you electronic mail for the purpose of informing you of changes or additions to demo dirt, demo dirt GOLD, or their associated products. 

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by demo dirt, demo dirt GOLD, or their associated products infringe your copyright (for example, materials posted to a Message Board), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/> for details. Notices and counter-notices with respect to demo dirt, demo dirt GOLD, or their associated products should be sent to Copyrights, Rimon Press, LLC, 185 West Park Avenue, Suite 307, Long Beach, NY 11561, telephone 201-446-4114. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Links to Other Websites

demo dirt, demo dirt GOLD, or their associated products may contain links to other Internet websites or resources. We neither control nor endorse such other Web sites, nor have we reviewed or approved any content that appears on such other Web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other Web sites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

Disclaimer of Warranties; Limitation of Liability; Correction of Erroneous Data


We have obtained all information which is furnished to you under these Terms of Use from sources believed by us to be reliable. Because of the possibility of human and mechanical error as well as other factors, however, all information and materials provided to you hereunder (collectively, “Information”) is provided "AS IS” without warranty of any kind, and WE (AND OUR LICENSORS, SUPPLIERS, AND PARTNERS), IN PARTICULAR, MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH INFORMATION.  Neither we nor our licensors or suppliers shall be liable to you or any other person in any manner for any errors or deficiencies contained in the Information, or any other circumstance or contingency within or outside our control or any of our directors, officers, employees or agents, licensors, or partners, in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of any Information. Although we do not warrant that any Information furnished to you shall be free of errors, we agree to use reasonable efforts to replace any inaccurate or erroneous data supplied to you with corrected data. You agree and acknowledge that no oral or written information or advice given by us or any of our employees or agents shall constitute a representation or a warranty unless such information or advice is incorporated in a written agreement signed by both parties. We make no representation that materials in demo dirt, demo dirt GOLD, or their associated products are appropriate or available for use in any particular locations, and access to them from territories where any of the contents of demo dirt, demo dirt GOLD, or their associated products are illegal is prohibited. If you choose to access  demo dirt, demo dirt GOLD, or their associated products  from such locations, you do so on your own volition and are responsible for compliance with any applicable local laws. You expressly agree that the foregoing limitation of remedies and liabilities is an essential part of these Terms of Use and accept the foregoing limited warranty and exclusions and assume all risks relating to your use of the Information.

WE AND OUR LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHER ACTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. In no event shall our or our licensors’ aggregate liability arising from these Terms of Use, regardless of the cause of the loss or injury and regardless of the legal right claimed to have been violated, exceed the greater of (a) the aggregate fees and charges paid by you to us during the twelve month period immediately preceding the date on which the relevant claim accrued, or (b) U.S. $100. You acknowledge and agree that the foregoing limitations of liability are an essential part of these Terms of Use.

Submissions and Postings


We host blogs on demo dirt and demo dirt GOLD and therefore redistribute materials you give us. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), or by posting such Materials to any area of demo dirt and demo dirt GOLD, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed in blogs shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.

Violation of Terms of Use

We reserve the right to seek any and all remedies available to us to address violations of these Terms of Use without advance notice to you, including without limitation, blocking or limiting access to demo dirt, demo dirt GOLD, or their associated products. We also reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use.

Indemnification


You agree to indemnify and hold harmless us, our licensors, suppliers, and partners, all of their respective affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of demo dirt, demo dirt GOLD, or their associated products or any breach by you of these Terms of Use.

Governing Law


This Agreement constitutes the entire agreement between the parties relating to demo dirt and demo dirt GOLD and supersedes any and all other agreements, oral or in writing, with respect to demo dirt and demo dirt GOLD. The failure of Rimon Press, LLC to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State.

Acknowledgment and Agreement

You hereby acknowledge that you have read these Terms of Use, understand them and agree to be bound by their terms and conditions. You also hereby acknowledge that you have read and understand the Privacy Policy and consent to our use of your Personal Data as set out therein (including, with respect to Users resident in the European Union, the transfer of your Personal Data outside the European Economic Area).

If you choose to contact us via e-mail regarding these Terms of Use or the Privacy Policy, respectively, please mark the subject heading of your e-mail “Terms of Use Inquiry” or “Privacy Inquiry”.

Thank you.
 

 Feedback:

"The breadth of topics covered on demodirt.com is always timely and the depth is always outstanding." 

 --Leslie G. Ungar, professional speaker, executive coach, and strategist at Electric Impulse Communications

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