Welcome, and thank you for your interest in DeMe Limited B.V.I. Inc. d/b/a DeMe App and its affiliates (“DeMe,” “we,” or “us”) and our website at https://deme.social , along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and DeMe regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND DEME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 17.)
ADDITIONAL TERMS. To clarify, beyond these Terms, you must comply with any supplementary terms outlined in agreements you have agreed to regarding buying or selling Creator Tokens (as defined below) or any other transactions related to your use of the Service.
ACKNOWLEDGMENT OF RISK. We do not aim to offer financial, investment, legal, or tax advice, or any other form of advice. While the Service may present data, information, research, or content provided by third parties or us regarding Creator Tokens, such content should not be considered as tax, legal, financial, or investment advice or a recommendation to buy Creator Tokens. The Creator Tokens available on the Service may carry significant risks, including the possibility that certain content related to a Creator Token may not be provided as expected and that the Creator Tokens may fluctuate in value. If you cannot afford to lose your entire investment, you should not purchase Creator Tokens. Prior to buying or selling Creator Tokens, you should (i) conduct your own analysis and research, (ii) weigh the purchase or sale of Creator Tokens and all associated fees, expenses, uncertainties, and risks, and (iii) seek advice from your tax, financial, and legal advisors. Your use of the Service and any decisions you make to buy or sell Creator Tokens are solely at your own risk.
1. DeMe Service Overview. DeMe has developed a decentralized social media platform that operates on blockchain technology and centers around money, enabling content creators ("Creators") to monetize their content. Users may purchase tokens related to a Creator ("Creator Tokens") through the Service for a variety of purposes, such as acquiring restricted Creator content or conducting transactions like buying, selling, or trading Creator Tokens.
2. Eligibility. To utilize the Service, you must be at least 13 years old. By consenting to these Terms, you certify to us that: (a) you are at least 13 years old; (b) you have not been suspended or barred from using the Service before; and (c) your registration and use of the Service adhere to all relevant laws and regulations. If you are an organization, company, or entity, the individual who accepts these Terms on your behalf confirms that they have the power to obligate you to these Terms, and you consent to be legally bound by them.
3. Accounts and Registration.
3.1 General. In order to use the Service, registration is required, during which you may need to provide accurate personal information, such as your name, email address, phone number, or other contact details. You are responsible for ensuring that the information you provide is accurate and current at all times. A password will also be required during registration, and you are solely responsible for maintaining its confidentiality and for all activities that occur under your account. If you suspect that your account is no longer secure, you must immediately inform us at email@example.com. Additionally, to use our Services, you may need to provide certain tax information about yourself, which you confirm to be true under penalty of perjury, including that your Taxpayer Identification Number or Social Security Number is correct, that you are not subject to backup withholding, and that you are a U.S. citizen or other U.S. person. Please note that the IRS does not require your consent to any provision of this document other than the certifications required to avoid backup withholding.
4.1 Limited License. Provided that you fully and continuously comply with these Terms, DeMe gives you a limited, revocable license for your personal, non-commercial use. This license is non-exclusive, non-transferable, non-sublicensable, and allows you to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace on a mobile device you own or control (whether installed by you or pre-installed on your mobile device by the device manufacturer); and (b) access and use the Service.
4.2 License Restrictions. You are not allowed to do any of the following with the Service, unless it is prohibited under applicable law: (a) reproduce, distribute, publicly display, or publicly perform it; (b) modify it; or (c) interfere with or bypass any feature of the Service, including any security or access control mechanism. If using the Service is prohibited by applicable law, you are not permitted to use it.
4.3 Feedback. If you opt to offer input or suggestions about problems with, proposed modifications or improvements to the Service (collectively referred to as "Feedback"), you are granting DeMe an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, and royalty-free license to utilize the Feedback in any way and for any purpose, including enhancing the Service and developing other products and services.
5. Ownership; Proprietary Rights. DeMe or its third-party licensors own and operate the Service. The Materials provided or made available by DeMe, which include visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service, are protected by intellectual property and other applicable laws. DeMe or its third-party licensors own all Materials included in the Service. You are not permitted to use the Materials except as expressly authorized by DeMe. DeMe reserves all rights to the Materials not granted expressly in these Terms.
6. Third Party Terms
6.1 Third-Party Services and Linked Websites. DeMe offers tools within the Service that enable you to export information, including User Content, to third-party services. These tools may allow you to link your DeMe account with an account on a third-party service, such as Twitter or Facebook, or use third-party buttons (like "like" or "share" buttons). By using these tools, you agree that DeMe may transfer your information to the relevant third-party service. DeMe does not control third-party services and is not responsible for how they use your exported information, to the extent permitted by law. The Service may also include links to third-party websites, and DeMe is not responsible for their content as they are not under DeMe's control.
6.2 Third-Party Software. The Service may include or use third-party software components that are available free of charge under licenses that give recipients broad rights to copy, modify, and distribute those components (referred to as "Third-Party Components"). Although you use the Service under these Terms, nothing in these Terms prevents or restricts you from obtaining Third-Party Components under the applicable third-party licenses, or from using Third-Party Components under those licenses.
7. User Content
7.1 User Content Generally. Certain features of the Service may allow users to upload content to the Service, including messages, comments, posts, photos, videos, images, folders, data, text, and other types of works ("User Content"), and publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
7.2 Limited License Grant to DeMe. By providing User Content to or via the Service, you grant DeMe a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute User Content that (i) you upload or publish for the general public or (ii) you upload or publish on a restricted or limited basis (but solely in accordance with the restrictions or limitations permitted through the functionality of the Service that are chosen by you at the time you upload or publish such User Content); in each case, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
7.3 Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content, subject to any restrictions or limitations you specify at the time you upload or publish such User Content (if any), as permitted by these Terms and the functionality of the Service.
7.4 User Content Representations and Warranties. DeMe disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that: a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize DeMe and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by DeMe, the Service, and these Terms; b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause DeMe to violate any law or regulation; and c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
7.5 Disclaimer Regarding User Content. DeMe is not obligated to edit or regulate User Content posted or published by you or other users, and will not be held responsible or liable in any way for User Content. However, DeMe reserves the right to screen, remove, edit, or block any User Content that we deem objectionable or that violates these Terms, at any time and without prior notice. You acknowledge that when using the Service, you may encounter User Content from various sources that may be inaccurate, offensive, indecent, or objectionable, and you waive any legal or equitable right or remedy you may have against DeMe in this regard. If we receive notice from a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the matter and decide in our sole discretion whether to remove the User Content, without prior notice. It is important to note that DeMe does not allow any copyright-infringing activities on the Service.
8.1 Text Messaging. DeMe and its affiliates may send you operational text messages at the phone number you provide. These messages are necessary for the Service. If you don't want to receive operational text messages from us, do not use the Service. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing text messages is not a condition of any purchase or use of the Service. Standard data and message rates may apply as specified by your carrier.
8.2 Push Notifications. By installing our app on your mobile device, you agree to receive push notifications. These are messages that the app sends you on your device when the app is not in use. You can turn off notifications by accessing your mobile device's "settings" page.
8.3 Email. We may send you emails about our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in the email itself.
9. Prohibited Conduct. Prohibited Conduct. By using the Service, you agree not to engage in any of the following prohibited activities:
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
- Harass, threaten, demean, embarrass, or harm any other user of the Service.
- Infringe upon or encourage others to violate any third-party rights, including intellectual property rights.
- Interfere with security-related features of the Service, such as disabling or circumventing features that prevent or limit use or copying of any content, or attempting to reverse engineer the source code of any portion of the Service.
- Interfere with the operation of the Service or any user's enjoyment of the Service, such as by uploading or disseminating viruses, adware, spyware, or other malicious code; making unsolicited offers or advertisements; collecting personal information about another user or third party without consent; or disrupting any network, equipment, or server used to provide the Service.
- Engage in any fraudulent activity, including impersonating any person or entity, falsely claiming an affiliation, accessing another Service account without permission, or falsifying your age or date of birth.
- Sell or transfer the access granted under these Terms or any Materials (as defined in Section 8), or any right or ability to view, access, or use any Materials.
- Attempt to engage in any of the activities described in this section or assist or permit any person to do so.
10. Digital Millennium Copyright Act
10.1 Compliance with Digital Millennium Copyright Act - DeMe Limited B.V.I. Inc. abides by the regulations set forth in the Digital Millennium Copyright Act (17 U.S.C. §512, as amended) for internet service providers. If you have any complaints concerning intellectual property rights violations in any material posted on the Service, please contact our Designated Agent at the following address:
DeMe Limited B.V.I.
Suite 4002A, 40/F., Tower 1, Lippo Centre, 89 Queensway, Admiralty, Hong Kong
Any allegation claiming that the materials hosted by or distributed through the Service breach intellectual property rights must include the following details:
- A signature, either electronic or physical, of the person authorized to act on behalf of the owner of the copyright or other infringed rights.
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of the material that you claim is infringing and where it is located on the Service.
- Your address, telephone number, and email address.
- A statement by you stating that you have a good faith belief that the use of the materials on the Service, which you are complaining about, is not authorized by the copyright owner, its agent, or the law.
- A statement by you declaring that the information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
10.2: Termination of Repeat Infringers' Accounts. DeMe will immediately terminate the accounts of any user identified by DeMe as a repeat infringer.
11. Modification of these Terms. We retain the right to modify these Terms of Service on a prospective basis at any point by providing a seven-day notification through email, updating the “Last Updated” date at the beginning of these Terms, or by providing a notice through the Services. Kindly check these Terms regularly for any modifications. In case a modification to these Terms of Service substantially alters your obligations or rights, we might require you to accept the updated Terms to continue using the Service. You acknowledge that material changes to these Terms become effective upon your acceptance of the updated Terms. Changes that are not significant become effective upon publication. Unless this Section 11 permits it, these Terms of Service may only be changed through a written agreement signed by the authorized representatives of both parties. Any disputes that arise under these Terms of Service will be addressed according to the version of these Terms that was in effect when the dispute occurred.
12. Term, Termination and Modification of the Service
12.1 Term: These Terms become effective once you agree to them, download, install, access, or use the Service, and will remain in effect until they are terminated in accordance with Section 12.2.
12.2 Termination: If you breach any provision of these Terms, your authorization to access the Service and these Terms will automatically terminate. Additionally, DeMe may, at its sole discretion, suspend or terminate your access to the Service, terminate your account on the Service, or terminate these Terms at any time, with or without notice, and for any reason or no reason. You may terminate your account and these Terms at any time by deleting your account via the Service's functionality or by contacting customer service at firstname.lastname@example.org
12.3 Effect of Termination: Upon the termination of these Terms: (a) your license rights to the Service will end, and you must immediately stop using the Service; (b) you will no longer be authorized to access the Service or your account.
12.4 Modification of the Service: DeMe reserves the right to modify or discontinue the Service, including by limiting or discontinuing certain features of the Service, temporarily or permanently, at any time without providing you with notice. DeMe will not be liable for any changes to the Service or any suspension or termination of your access to or use of the Service.
13. Indemnity. You are solely responsible for your use of the Service, and you agree to indemnify and hold harmless DeMe and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the “DeMe Entities”) from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or related to: (a) your unauthorized use or misuse of the Service; (b) your violation of these Terms, any other agreement or representation referenced in these Terms, or any applicable law or regulation; (c) any violation of a third party's rights, including but not limited to intellectual property, privacy, or publicity rights; or (d) any disputes or issues between you and a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with us in defending against such claims. This indemnification obligation survives the termination of these Terms.
14. Disclaimers; No Warranties
The Service and all materials and content available through it are provided on an "as is" and "as available" basis. DeMe explicitly disclaims all warranties, whether express or implied, relating to the Service and all materials and content available through it, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement, as well as any warranties arising out of course of dealing, usage, or trade. DeMe does not guarantee that the Service or any portion of the Service, or any materials or content offered through the Service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components. DeMe does not warrant that any of these issues will be corrected.
You acknowledge and agree that any advice or information obtained from the Service or DeMe Entities or any materials or content available through the Service does not create any warranty regarding any of the DeMe Entities or the Service that is not expressly stated in these Terms. DeMe is not responsible for any damage that may result from your use of the Service and your dealings with any other Service user. You understand and agree that you use any portion of the Service at your own risk, and DeMe is not responsible for any damage to your property, including your computer system or mobile device used in connection with the Service, or any loss of data, including User Content.
The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by law. DeMe does not disclaim any warranty or other right that DeMe is prohibited from disclaiming under applicable law.
15. Limitation of Liability
To the fullest extent permitted by law, the DeMe Entities shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use of the Service or any materials or content on the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and regardless of whether any DeMe Entity has been informed of the possibility of such damage.
Except as provided in section 16.5 and to the fullest extent permitted by law, the total liability of the DeMe Entities to you for all claims arising out of or relating to the use of, or any inability to use, any portion of the Service or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to DeMe for access to and use of the Service in the 12 months prior to the event or circumstance giving rise to the claim; or (b) $100.
Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this section 15 will apply even if any limited remedy fails of its essential purpose.
16. Dispute Resolution and Arbitration
16.1 In order to efficiently and economically resolve any disputes between you and DeMe, unless otherwise stated in Sections 16.2 and 16.3, you and DeMe agree to settle any disputes through binding arbitration. Arbitration is less formal than a court trial, with a neutral arbitrator replacing a judge or jury, and may entail more limited discovery than in court, with restricted review by the courts. Arbitrators may award the same damages and relief that a court would. This agreement to arbitrate covers all claims that arise out of or relate to any aspect of these Terms, regardless of whether such a claim arises during or after the termination of these Terms, and whether it is based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCEPTING THESE TERMS, BOTH YOU AND DEME ARE WAIVING YOUR RIGHTS TO A JURY TRIAL AND THE ABILITY TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
16.2 Exceptions. Despite what is mentioned in Section 16.1, nothing in these Terms will be interpreted as a waiver, impediment, or restriction to either party’s right to: (a) file an individual claim in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if it is available; (c) seek an injunction in a court of law to support arbitration; or (d) file a lawsuit in a court of law to address an intellectual property infringement claim.
16.3 Opt-Out. If you do not want to settle any disputes through binding arbitration, you can reject the provisions of Section 16 within 30 days after accepting these Terms by sending a letter to DeMe Limited B.V.I. Inc, [LEGAL]. The letter should include your full legal name, the email address associated with your account on the Service, and a statement indicating that you want to reject arbitration (“Opt-Out Notice”). Once DeMe receives your Opt-Out Notice, Section 17 will become invalid, and any claims that arise out of these Terms will be settled according to Section 17.2. Your Opt-Out Notice will not affect the rest of these Terms.
16.4: The arbitration between you and DeMe will be governed by the Federal Arbitration Act and will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, the "AAA Rules"), which have been modified by these Terms. The AAA Rules and filing forms can be accessed online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting DeMe. The arbitrator will have the exclusive authority to resolve any disputes relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
16.5: If you intend to seek arbitration, you must first send a written Notice of Arbitration describing the nature and basis of your claim or dispute to DeMe's address for Notice, which is DeMe Limited B.V.I. Inc of Suite 4002A, 40/F., Tower 1, Lippo Centre, 89 Queensway, Admiralty, Hong Kong. The Notice of Arbitration must also set forth the specific relief sought. The parties will attempt to resolve the claim directly, but if they cannot reach an agreement within 30 days of receiving the Notice of Arbitration, either you or DeMe may commence an arbitration proceeding. All arbitration proceedings will be confidential unless the parties agree otherwise in writing. During the arbitration, the arbitrator must not be informed of any settlement offers made by either party until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by DeMe before the award, DeMe will pay you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
16.6: If you commence arbitration in accordance with these Terms, DeMe will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. The arbitration hearing will take place in San Francisco County, California, unless your claim is for $10,000 or less, in which case you may choose whether the arbitration will be conducted: (a) based solely on documents submitted to the arbitrator; (b) through a non-appearance-based telephone hearing; or (c) by an in-person hearing in the county or parish of your billing address, as established by the AAA Rules. If the arbitrator finds that your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the AAA Rules, and you will be responsible for reimbursing DeMe for any previously disbursed fees that are your obligation under the AAA Rules. The arbitrator must issue a written decision explaining the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may also make rulings and resolve disputes regarding the payment and reimbursement of fees or expenses at any time during the proceeding upon request from either party within 14 days of the arbitrator's ruling on the merits.
16.7: You and DeMe agree that claims against each other may only be brought in individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any representative or class proceeding, unless both parties agree otherwise.
16.8: If DeMe makes any changes to this arbitration provision other than a change to its address for Notice of Arbitration, you may reject the change by sending written notice to DeMe's address for Notice of Arbitration within 30 days of the change. If you reject the change, your account with DeMe will be terminated immediately, and the arbitration provision in effect prior to the changes you rejected will survive.
16.9 If Section 16.7 or the entire Section 16 is deemed unenforceable, or if you provide an Opt-Out Notice to DeMe, then Section 16.7 will be considered invalid, and the exclusive jurisdiction and venue as outlined in Section
17.2 will govern any legal action related to these Terms.
17.2 Governing Law and Jurisdiction. These Terms are governed by the laws of the State of California, without regard to conflict of law principles. You and DeMe agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California, for any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California and make no representation that the Materials included in the Service are appropriate or available for use in other locations.
17.4 Additional Terms. Your use of the Service is subject to all Additional Terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service. All Additional Terms are incorporated by reference into these Terms.
17.6 Contact Information. DeMe Limited B.V.I. Inc., Suite 4002A, 40/F., Tower 1, Lippo Centre, 89 Queensway, Admiralty, Hong Kong provides the Service. You can contact us by sending correspondence to the aforementioned address or by emailing email@example.com.
17.7 California Residents. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210, regarding complaints or inquiries about the Service.
17.8 Support. We have no obligation to provide support for the Service, but if we offer support, it will be subject to published policies.
17.9 International Use. The Service is intended for use by visitors located within the United States, and we do not guarantee that the Service is suitable or available for use outside of the United States. The Service cannot be accessed from countries or territories where such access is illegal.
18. If you use our mobile application on an iOS device, please note that this Section 18 applies to you. These Terms are solely between you and DeMe, and not with Apple Inc. (“Apple”). Apple is not responsible for the Service or its content, and has no obligation to provide any maintenance or support services for the Service. If the Service does not meet any applicable warranty, you may notify Apple and receive a refund of the mobile application's purchase price, but Apple has no other warranty obligation for the Service to the extent permitted by applicable law. Apple is not liable for any claims by you or third parties related to the Service, including product liability claims, claims that the Service does not meet any legal or regulatory requirement, or claims arising under consumer protection or similar laws. Apple is not responsible for investigating, defending, settling, or releasing any third-party claims that the Service and/or your use of it infringes on any third-party intellectual property rights. When using the Service, you agree to comply with any applicable third-party terms. Apple and its subsidiaries are third-party beneficiaries of these Terms, and by accepting these Terms, you agree that Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.