Terms and Conditions
1. GENERAL INFORMATION.
Seemba, a Ch Ch Technologies, Inc. trademark (“Seemba,” “We,” “Us,” “Our”) provides its Services (described below) to you through its website, software and platform and social network applications located at www.goseemba.com (the “Site”), as an App in Google Play, Appstore, etc. (“App”) and its related applications (collectively, and together with the description below, such services and applications, and the Site, including any new features thereof, collectively, the “Service(s)”), subject to the following Terms and Conditions (as amended from time to time, the “T&C”). We reserve the right, at our sole discretion, to change or modify portions of these T&C at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these T&C were last revised. We will also notify you, either through the Service user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new T&C.
The Terms of Service govern your use of the Services. By accessing and using Seemba following such update, you indicate that you have read and agreed to the updated terms of the Terms of Service and you get the condition of User (hereby “User”, “You”).
Seemba provides Users (as defined below) with a method to create software platforms to develop your online business, providing with information, various tools, features and functionality, and enables you to create online presence, maintaining and administering and managing a range of applications such as mobile applications and websites, as well as other solutions, products, services, content and forums to interact with other users via specific programs and blogs, which all can be used and/or displayed via the internet, mobile phones, tablets and/or any other current or future platform or media (the “Services”).
PLEASE READ THESE T&C CAREFULLY BEFORE USING SEEMBA.
By accessing and using Seemba or by clicking a box that states that you accept or agree to these T&C you signify your agreement to and intent to be bound by these T&C. These T&C apply to all users of Seemba, including but not limited to guest bloggers. If you do not agree to these T&C, you may not use Seemba or any information contained herein. You may not use Seemba if you are not over the age of 18 or the legal age of majority in your local jurisdiction, as Seemba is not intended for anyone under the legal age of majority. In no event should anyone under the age of 13 years old use Seemba. Please note that Seemba is not directed to children under the age of 13.
2. THE SERVICES.
Seemba provides users with a method to create software platforms to develop your online business, providing with information, various tools, features and functionality, and enables you to create online presence, maintaining and manage a range of applications such as mobile applications and websites, as well as other solutions, products, services, content and forums to interact with other users via specific programs and blogs, which all can be used and/or displayed via the internet, mobile phones, tablets and/or any other current or future platform or media (the “Services”). “Content” means data, information, graphics, links, web pages, signs, images, software and code, files, texts, photos, audio or video, sounds, visual works, musical works, works of authorship, and components.
Additionally, your use of certain Services and Content may also be subject to disclaimers, legal notices, terms, click-through agreements or other legal agreements (collectively, “Additional Terms”). These Additional Terms may be posted on Seemba or sections of Seemba where applicable. As a result, certain Services may not be accessible by you until you agree to the applicable Additional Terms. These Terms and, where applicable, the Additional Terms, form a legally binding agreement between you and us regarding your access and use of the Services and Content. In the event of any conflict or inconsistency between these Terms and any such Additional Terms, the Additional Terms shall control. The Services are provided for your convenience only, without any obligation by Seemba to provide any technical support or any other type of assistance.
3. ACCESS AND USE OF THE SITE, APP AND SERVICES.
We hereby grant you permission to use Seemba, provided that you: (i) comply in full with these T&C; (ii) will not copy, distribute or modify any part of Seemba without our prior written authorization; (iii) will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; and (iv) will not disrupt servers or networks connected to Seemba.
You agree not to: (i) access or use Seemba, Services and/or Content in any manner that could damage, disable, overburden, or impair any of our accounts, computer systems or networks; and (ii) attempt to gain unauthorized access to any parts of Seemba, Services and/or Content, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of Seemba or any of our accounts, computer systems or networks.
Access to and use of password-protected or secure areas of Seemba is restricted to authorized users only.
You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “crawlers” and “offline readers” that access Seemba in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. We grant the operators of public search engines permission to use spiders to copy materials from Seemba for the sole purpose of creating publicly available searchable indices of the materials, but not to cache or archive such materials.
You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from Seemba nor to use the communication systems provided by Seemba for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of Seemba with respect to their User Submissions (as defined below) or otherwise.
Certain of our Services permit commercial use as specifically identified in connection with such Services. All commercial use of Seemba and/or Services must be in accordance with the terms herein and the specific terms pertaining to those Services. Illegal and/or unauthorized use of Seemba, Services and/or any Content, or any portion thereof, including, but not limited to, unauthorized framing of or linking to Seemba is prohibited. Any such use shall be deemed to be a violation of these T&C.
4. YOUR ACCOUNT ON THE SITE AND/OR APP.
In order to access some features of Seemba, you will have to create an account. By creating your account, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes, and to maintain and update your information, as needed. You agree not to share your account, password or other account information. You may not use another user’s account without obtaining prior written permission. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s email address, password or other account information, or another person’s name, likeness, voice, image or photograph.
You are solely responsible for maintaining the confidentiality of your account, password or other account information and for any activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account or any other breach of security that you become aware of involving or relating to your account. You will be liable for any use of your account or password, including without limitation, our losses due to any unauthorized use of your account. We will not be liable for any losses incurred by you or anyone on your behalf and caused due to any unauthorized use of your account.
You agree to notify us immediately of any unauthorized use of your account, password or other account information. You are fully responsible for ensuring that you exit from your account at the end of each session when accessing the Service. Seemba will not be liable for any loss or damage arising from your failure to comply with this Section.
5. PROPRIETARY RIGHTS OF SEEMBA.
Seemba retains all right, title and interest in and to the Site, App, Services and Content, and any derivatives thereof, including any Intellectual Property Rights (as defined below) contained and/or made available therein or in connection thereto (collectively, “Seemba IP”). As used herein, “Intellectual Property Rights” means inventions and patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade names, trade dress, logos, trade secrets or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All use of the Seemba IP shall inure to the benefit of Seemba and shall be subject to Seemba, and you shall not: (i) contest, or assist others to contest, our rights or interests in and to the Seemba IP or the validity of our rights in and to the Seemba IP and all applications, registrations or other legally recognized interests therein, or (ii) seek to register, record, obtain or attempt to pursue any Intellectual Property Rights or other proprietary rights or protections in or to said Seemba IP. All rights in the Seemba IP which are not expressly granted herein are reserved by Seemba. You hereby agree to assign and do assign to Seemba any modifications or derivative works of any Services and/or Content made by you in contravention of the foregoing limitation.
You agree not to remove, obscure or alter any notices of Intellectual Property Rights or disclaimers appearing in or on Seemba Services and/or Content.
All rights to use any of Seemba copyrights, trademarks, service marks, trade names, trade dress, logos, slogans, copyrighted designs or other brand features (collectively “Brand Features”) are wholly owned by the respective company of Seemba. Any use of the Brand Features, and any goodwill therefrom, shall inure to Seemba benefit, and shall be subject to Seemba. If you are seeking permission to use any of our Brand Features please contact our legal department at: firstname.lastname@example.org
To the extent that we solicit User Submissions (defined below) through features or activities on or through Seemba (including games, sweepstakes, contests, promotions and blogs that require the use of our Seemba IP (in whole or in part), we hereby grant you a non-exclusive license as required solely for the purpose of creating your User Submissions; and subject to the terms below with respect to User Submissions.
6. USER SUBMISSIONS.
Some sections of Seemba (such as message boards, blogs, forums, sweepstakes or comments) may provide you and other visitors of Seemba with the opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, musical compositions (including lyrics), sound recordings, characterizations, creative works or other information, messages, transmissions or materials, including your name and likeness, to Seemba or others (collectively, “User Submission”).
User Submission License. By posting, submitting or uploading User Submission to any part of Seemba, you represent and warrant that it complies with the Terms of Services, and you acknowledge and agree that you are granting Seemba a perpetual, irrevocable, unlimited, worldwide, royalty-free, transferable (in whole or part), sub-licensable right and license to: (a) use, reproduce, copy, display, create derivative works from, license, modify, adapt, publish, translate, distribute, perform, exhibit, host, cache, store, archive, index, categorize, comment on, tag, transmit, broadcast, edit, modify, synchronize with visual material, incorporate in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Submission and transcode the User Submission to appropriate media formats, standards or mediums (in each of the foregoing cases, in whole or in part); and (b) offer to sell, sell, lease, assign and otherwise transfer to third parties the right to use, exhibit and otherwise use, exploit or distribute the User Submission (in whole or in part and as altered by Seemba in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter developed, without compensation to you for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution to you, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submission License”).
Your Rights in your User Submissions. You represent and warrant that: (a) you have the right and authority to grant the User Submission License to us; (b) our exercise of the rights granted pursuant to the User Submission License will not infringe or otherwise violate any third party rights; and (c) all so-called “moral rights” in the User Submission have been waived to the full extent allowed by law. Further, you represent and warrant to Seemba that your User Submission is original work made or created by you or that you have all right, title, and/or authority to grant the User Submission License to Seemba. In addition, you represent and warrant that your User Submission does not infringe or violate any rights of any third party or entity, including, without limitation, any Intellectual Property Rights, defamation, privacy, publicity or any other similar right. If your User Submission includes images, photos or video of individuals other than you, then before you post such User Submission on Seemba, you must have the express consent of everyone who appears in the User Submission in order to submit the User Submission for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child’s parent or legal guardian.
Subject to the User Submission License you grant to Seemba hereunder, you shall continue to retain all rights in and to your User Submission. Nothing in these Terms shall limit you from selling or licensing your User Submission to any other person or entity. In case this happens, you are responsible to inform that situation to Seemba and if you continue to use it, you are solely responsible for the owner's right infringement.
Your Liability for your User Submissions. You are solely responsible for your User Submission and any consequences of posting or publishing it on Seemba whether as part of a message board, forum, blog, application you create or otherwise. These sections of Seemba are public and not private, and you acknowledge and agree that you have no expectation of privacy with respect to any User Submission posted or published in any such section of Seemba. Please carefully consider the User Submission you choose to post on any section of Seemba. You should not include any personal information of yours or other third party such as full name, telephone number, photo or street address, as part of your User Submission. We cannot guarantee the security of any information you disclose through Seemba; you make such disclosures at your own risk.
Further, you are solely responsible for any interaction with other users or visitors of Seemba and/or Services. We reserve the right but shall have no obligation to monitor disputes between you and any other user or visitor of Seemba.
Legality of User Submissions. You agree that your User Submission (or any content made available therein) will not: (i) be unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) create a risk to a person’s safety or health, to public safety or health, compromise national security, or interfere with an investigation by any law enforcement; (iii) promote illegal drugs, violate export control laws, or relate to gambling or arms trafficking; (iv) be unlawful, defamatory, abusive, libelous, threatening, harmful, vulgar, obscene, profane, pornographic, harassing, hateful, inaccurate, racially or ethnically offensive, or otherwise objectionable material or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any applicable local, state, national or international law or regulation; (v) infringe or violate any right of a third party including: (a) any Intellectual Property Right, right for privacy or other proprietary or contractual rights; or (b) any confidentiality obligation; (vi) contain any virus or other harmful component, or otherwise tamper with, impair or damage Seemba or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Seemba; or (vii) include any “flaming”, “spamming”, “flooding” and/or “trolling” mechanism, as those terms are commonly understood and used on the Internet.
Monitoring or Removal of User Submissions. You grant the User Submission License to Seemba whether or not your User Submission (or any part thereof) is actually posted on Seemba or used by Ch Ch Technologies, Inc. You acknowledge and agree that Seemba may, at its sole discretion, elect to post or not post your User Submission on any Site, or to remove your User Submission from any Site after it has been posted or published, at any time, for any reason and without notice, and not to use, exhibit or otherwise exploit your User Submission in any manner whatsoever. You further acknowledge and agree that you post, submit or upload your User Submission voluntarily, and not in confidence, and that no confidential relationship is intended or created between Seemba and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Submission.
Additionally, as we do not permit copyright-infringing activities and infringement of any Intellectual Property Rights on our Site, we will remove all content and User Submissions if we are properly notified that such content or User Submissions infringe on any person or entity’s Intellectual Property Rights. In addition, we will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violates these T&C.
Indemnification respecting your User Submissions. You understand that when using Seemba, you may be exposed to User Submissions, from a variety of sources, that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us harmless to the fullest extent permitted by law regarding all matters related to your User Submissions.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, BY POSTING, SUBMITTING, OR UPLOADING USER SUBMISSION TO ANY MESSAGE BOARD, BLOG, FORUM, SWEEPSTAKES, APPLICATION AND WEBSITE YOU CREATE OR ANY OTHER AREA ON SEEMBA, YOU HEREBY EXPRESSLY PERMIT SEEMBA TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH USER SUBMISSION IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH YOUR USER SUBMISSION.
Copyright Complaints: Seemba respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Seemba of your infringement claim in accordance with the procedure set forth below.
Seemba will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Seemba’s Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at: firstname.lastname@example.org
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site or Service, with enough detail that we may find it on the Site or Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
Counter-Notice: If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Seemba will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Seemba has adopted a policy of terminating, in appropriate circumstances and at Seemba’s sole discretion, users who are deemed to be repeat infringers. Seemba may also at its sole discretion limit access to the Service of any user who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7. GUEST BLOGGER.
You may submit an article to the Seemba blog via the Site for consideration. We reserve the exclusive right to choose what articles to publish and are not obligated to provide you with a reason for rejecting your submitted article. In addition, while we are under no obligation to do so, once published, we reserve the right to remove and permanently delete your article without notice and for any reason to our sole discretion. If your article is accepted by us, you may place a link to your article on our Site from your website or other websites.
Blogger License, By submitting your article, you hereby grant us a perpetual, royalty free, non-exclusive (except for the first sixty days) license to use the content of your article in our sole discretion, so long as we give you writer’s credit. We may accept the article but request you to edit the article, and you may elect to do so or not. However, if you elect not to edit it in accordance with our reasonable requests, we may revoke our acceptance of the article for publication on our Site. We further reserve the right to revoke our acceptance even if you do elect to edit it per our request if our needs have changed in the intervening time period.
You must supply us with your information for your writer’s credit, along with any website which publicizes your writer’s credit information. We will be happy to publish this information at the beginning or end of the article (based solely on our editorial judgment). However, we ask that you refrain from promoting yourself, your company and/or your products in the body of the article.
As a Guest Blogger, you warrant that:
- The Content of your article must comply with all User Submissions’ restrictions and guidelines, as set forth above.
- The body of the article must be 1,000 words or less.
- Guest Bloggers must submit the title of the post. The title of the post can be a maximum of 10 words.
- Guest Bloggers are not permitted to submit images for the article. We are responsible for choosing any images for the article. Suggestions are welcome.
- Guest Bloggers must provide a 100 word or less biography.
- Guest Bloggers must provide a headshot, either png or jpg.
- Guest Bloggers must provide contact information.
- Guest Bloggers are entitled to provide one link and one Twitter handle. If we find either link or Twitter handle inappropriate, we have the right to not include the link and/or Twitter handle with the post.
Requests to Remove Content. Any requests to remove copyright-infringing content from Seemba or counter-requests to repost content, on grounds of mistake or misidentification of the content, must be made in accordance with our Copyright Policy.
8. LINKS TO THIRD PARTY WEBSITES AND APPS
Third Party Websites
Third Party Websites. The Site, App, Services and/or Content may contain links to independent third party websites and to information provided on such independent third party websites. These independent third party websites are provided solely as a convenience to you and other visitors of Seemba and are not under our control whatsoever. Seemba is not responsible or liable, directly or indirectly for and does not endorse the content of such independent third party websites, including any content, information or services contained on such independent third party websites, nor is it responsible or liable, directly or indirectly for any changes or updates to such independent third party websites. You will need to make your own independent judgment regarding your interaction with and use of these independent third party websites, which will be at your risk. You agree that Seemba shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, information or services available on or through any such sites or resources. Any dealings you have with the third parties found while using the Services are between you and the third party, and you agree that Seemba is not liable foy any loss or claim that you may have against any such independent third party.
In addition, Seemba is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Seemba is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Seemba enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
9. CHANGES AND NOTICES.
We reserve the right, at our sole discretion, to amend and/or modify and/or update these T&C, at any time, without notice to you. Please check these T&C periodically for changes. If we modify these Terms, we will post the modification on Seemba. We will also update the “Last Updated Date” at the bottom of this page. The revised T&C will be effective when posted. You may access the updated Terms by clicking on the “Term and Conditions” link which is included at the bottom of each web page of Seemba. By continuing to use Seemba after we have posted changes to the T&C, you agree to be bound by the modified T&C. If the modified T&C are not acceptable to you, your only recourse is to cease using the Site, App or Services.
Further, we reserve the right, at our sole discretion, to modify, change or discontinue any part or the entire Site, App and/or the Services and/or their scope or availability, at any time, without notice to you. Such changes by their very nature may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH, THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
10. SITE, APP AND SERVICES’ AVAILABILITY.
The availability and functionality of the Site, App and Services depend on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. Seemba DOES NOT WARRANT THAT THE SITE, APP AND SERVICES WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT THEY WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.
Users acknowledge and understand that Seemba at its own discretion can directly or indirectly sale advertisement spaces all over the Site an Content that can include pop-ups and screens shown in the user’s application. Agreeing to the T&C implies agreeing and authorizing Seemba to sale advertisement spaces to be shown in your application and that you would. No have right to any payment because of this.
12. CHANGE OR TERMINATION OF OPERATION.
At any time, we reserve the right, without notice, to do any of the following: (1) modify, suspend or terminate the operation of or access to the Site, App, Services and/or Content or any portion thereof, for any reason; (2) modify or change the Site, App, Services and/or Content or any portion thereof, and any applicable policies or terms related thereto; and (3) interrupt the operation of the Site, App, Services and/or Content or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
13. DISCLAIMER OF WARRANTY.
THE SITE, APP, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SEEMBA DOES NOT GUARANTEE THAT THE SITE, APP, SERVICES OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE, APP, SERVICES AND/OR CONTENT WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE, APP, SERVICES AND CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEEMBA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY OR COMPATIBILITY. SEEMBA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, APP, SERVICES AND/OR CONTENT. YOU ASSUME THE TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, APP, SERVICES, CONTENT AND ANY SITE LINKED THERETO. YOUR SOLE REMEDY AGAINST SEEMBA FOR DISSATISFACTION WITH THE SITE, APP, SERVICES AND/OR CONTENT IS TO STOP USING THE SITE, APP, SERVICES OR ANY SUCH CONTENT.
The above disclaimer applies to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
14. LIMITATION OF LIABILITY.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL SEEMBA BE LIABLE TO YOU FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SEEMBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, SERVICES OR CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE, APP, SERVICES OR CONTENT; (III) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE SITE, APP AND SERVICES; (IV) ANY FAULT OR ERROR MADE BY ANY MEMBER OF SEEMBA OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE SITE , APP OR SERVICES; (V) ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE SITE, APP OR SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SITE, APP, SERVICES OR CONTENT. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO CEASE ANY USE OF THE SITE, APP AND/OR SERVICES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Seemba, and its respective officers, directors, employees and agents, licensors, licensees, distributors, agents, representatives and other authorized users, and each of Seemba’s Affiliates entities’ respective resellers, distributors, service providers and suppliers (collectively, the “Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) incurred by the Indemnified Parties in connection with or arising from: (i) your use of the Site, the App, the Services and/or the Content; (ii) your violation of these Terms and/or any Additional Terms; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
16. EXPORT RESTRICTIONS.
You agree to comply fully with all U.S. export laws and regulations, including: section 6(j) of the Export Administration Act, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act, to ensure that the Site, the App, the Services or the Content are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree you will not export nor re-export the Site, the App, the Services or the Content to any U.S.-embargoed country. By accessing, using or downloading the Site, the App, the Services or the Content (as applicable), you further represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “State Sponsors of Terrorism”; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
17. TERMINATION OF YOUR ACCOUNT.
We may limit, suspend or terminate your account and/or your ability to access Seemba and your use of Seemba or any areas of the Site, App, Service or any Content provided on or through Seemba, in our sole discretion, immediately, and/or limit, suspend or terminate any future access, with or without cause for your failure to fully comply with these T&C and/or the applicable Additional Terms. You agree that we shall not be liable to you or any third party for any limitation, suspension or termination of your access to or use of the Site, App, Services or any Content.
You agree that in the event we discontinue, terminate or suspend your account, you shall not attempt to re-register with or access the Site, App or Services through use of a different user name or otherwise. You also agree that any violation by you of these T&C will constitute an unlawful and unfair business practice, and will cause irreparable harm to Seemba, for which monetary damages would be inadequate, and you consent to Seemba obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
If any member of Seemba does take any legal action against you as a result of your violation of these T&C, such member will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to such member of Seemba. You agree that we will not be liable to you or to any third party for termination of your access to the Site, App or the Services as a result of any violation of these T&C.
18. GOVERNING LAW, JURISDICTION.
These Terms and your use of the Site will be governed by and construed in accordance with the laws of The United States of America, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than The United States of America.
The Courts located in California shall have sole and exclusive jurisdiction over you and Seemba and the subject matter of these Terms. Each party hereby expressly consents to personal jurisdiction in The United States of America and expressly waives any right to object to such personal jurisdiction or the convenience of such forum.
20. SURVIVING TERMS.
The following sections shall survive the termination or expiration of these T&C: Proprietary Rights of Seemba, User Submissions, Requests to Remove Content, Privacy, Disclaimer of Warranty, Limitation of Liability, Indemnification, and Governing Law & Jurisdiction.
21. CONTACT US.
At any time, you may contact us with any question, claim or complaint that you may have with respect to the Site, App, Service or any Content, at:
ChCh Technologies Inc.
16192 Coastal Highway, City of Lewes, Delaware, ZIP 19958