Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Service. If these terms and conditions are considered an offer by Semblii, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 18 years old.
If you create a user account and profile, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the profile. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Semblii may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Semblii liability. You must immediately notify Semblii of any unauthorized uses of your profile, your account or any other breaches of security. Semblii 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.
If you post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, 'Content'), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Semblii, you grant Semblii a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete Content, Semblii will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Semblii has the right (though not the obligation) to, in Semblii's sole discretion (i) refuse or remove any content that, in Semblii's reasonable opinion, violates any Semblii policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Semblii's sole discretion. Semblii will have no obligation to provide a refund of any amounts previously paid.
Semblii has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, Semblii does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Semblii disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and services to which Semblii.com links, and that link to Semblii.com. Semblii does not have any control over those non-Semblii websites and services, and is not responsible for their contents or their use. By linking to a non-Semblii website or service, Semblii does not represent or imply that it endorses such website or service. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Semblii disclaims any responsibility for any harm resulting from your use of non-Semblii websites and services.
This Agreement does not transfer from Semblii to you any Semblii or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Semblii. Semblii logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Semblii or Semblii's licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Semblii or third-party trademarks.
Semblii reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Semblii may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Semblii may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Service. 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.
The Service is provided "as is". Semblii and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied. Neither Semblii nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
In no event will Semblii, or its suppliers or licensors, 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; or (iv) for any amounts that exceed the fees paid by you to Semblii under this agreement during the twelve (12) month period prior to the cause of action. Semblii shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Semblii, 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 the Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Semblii and you concerning the subject matter hereof, and this agreement may only be modified by a written amendment signed by an authorized executive of Semblii, or by the posting by Semblii of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of California, 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 Orange County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ('JAMS') by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Orange County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Semblii may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Portions of this agreement were constructed using the agreement created under the Creative Commons Sharealike license by the generous folks at Automattic for Wordpress.com.
If you have any questions, comments, or concerns about this Terms of Service, please contact us at firstname.lastname@example.org.
As of March 5, 2014
Your privacy is critically important to us. At Semblii we have a few fundamental principles:
If you have questions about deleting or correcting your personal data, please contact us at email@example.com.
Like most website operators, Semblii collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Semblii's purpose in collecting non-personally identifying information is to better understand how Semblii's visitors use its website. From time to time, Semblii may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Certain visitors to Semblii's websites choose to interact with Semblii in ways that require Semblii to gather personally-identifying information. The amount and type of information that Semblii gathers depends on the nature of the interaction. Those who engage in transactions with Semblii are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Semblii collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Semblii. Semblii does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Semblii may collect statistics about the behavior of visitors to its websites. Semblii may display this information publicly or provide it to others. However, Semblii is committed to your privacy and does not disclose personally-identifying information other than as described below.
Semblii discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Semblii's behalf or to provide services available at Semblii's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Semblii's websites, you consent to the transfer of such information to them. Semblii will not rent or sell potentially personally-identifying and personally-identifying information to anyone other than to its employees, contractors and affiliated organizations, as described above, Semblii discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Semblii believes in good faith that disclosure is reasonably necessary to protect the property or rights of Semblii, third parties or the public at large. If you are a registered user of Semblii and have supplied your email address, Semblii may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with a newsletter. If you send us a request, we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Semblii takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
When you access the Service, we may access, collect, monitor and/or remotely store "location data," which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more "device identifiers," such as a universally unique identifier ("UUID"). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by Semblii. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
If Semblii, or substantially all of its assets, were acquired, or in the unlikely event that Semblii goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Semblii may continue to use your personal information as set forth in this policy.
Portions of this agreement were constructed using the agreement created under the Creative Commons Sharealike license by the generous folks at Automattic for Wordpress.com
As of March 5, 2014