THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. PLEASE READ IT CAREFULLY. THE SECTION OF THIS DOCUMENT TITLED “DISPUTE RESOLUTION” CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES ARBITRATION WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICE OR THESE TERMS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION SECTION ALSO DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS ALSO INCLUDE A JURY WAIVER AND LIMITS THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST US.
Last updated: March 20, 2023
Special Terms for Merchants
Eligibility and Age Restrictions
The Semy Mobile App and Services may only be used by individuals who have the right and authority to enter into this Agreement and are fully able to satisfy the terms, conditions and obligations herein. By registering a Semy Account and accepting this Agreement, you represent and warrant that you are at least 18 years of age. You are not allowed to register a Semy Account and you do not have the right to access or use the Service if you do not meet these criteria.
Please note that alcoholic beverages and related services may be sold and delivered only to persons who are at least 21 years of age. By placing an order for any Gift that is an alcoholic beverage, you represent and warrant: (a) that you are purchasing the Gift for personal use and not for resale; (b) that you are at least 21 years old; (c) that any person(s) to whom the Gift will be delivered or served is at least 21 years old; and (d) that the person(s) receiving the Gift will provide valid identification proving that he or she is at least 21 years of age.
If you are under the age of 21 and misrepresent your age or the age of the person(s) to whom a Gift comprising an alcoholic beverage and associated services are to be provided, you may be subject to prosecution for Laws and your Semy Account will be terminated.
Registration and Use
In order to use the Service, you must accurately complete all required information elements on the registration page of the Service, including, in some instances, providing a valid credit card or other payment method. You agree to pay for all applicable fees, purchases and other obligations arising from your use of the Service. You must provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Service or purchasing Gifts. We facilitate processing the payment for purchased Gifts, but we reserve the right to delay or cancel processing of suspicious transactions or transactions which may involve fraud, misconduct or violations of Law.
References to “content” herein refer to all aspects of the Service, including but not limited to all products and services (including Gifts) offered via the Service, as well as all text, images, photos, video, audio, source code, articles, design, and all other forms of data or communication created, posted, displayed, or transmitted by or onto the Service.
Products are Sold by the Merchants
The Merchant, not Semy, is the seller of the Gifts and related products and services and is solely responsible for providing the Gifts you purchased. However, we encourage you to notify us of any failure of a Merchant to redeem a Gift to give us the opportunity to address such case as we deem appropriate in our sole discretion. Your only recourse with respect to a Merchant’s failure to redeem a Gift shall be against the Merchant from which you purchased such Gift.
Unless otherwise prohibited by applicable law, you agree to make any claims to redeem a Gift purchased on the Service within 45 days after purchase of such Gift. You are responsible for your own actions or omissions in utilizing the Gifts or other services or products provided by Merchants. We make no representations or warranties, express or implied, as to the quality, safety, usability, or other aspect of the Gifts or other services or products provided by Merchants. We are not liable for any costs, harm or damages that occur as a result of, either directly or indirectly, the Gifts or other services or products provided by Merchants. You acknowledge that your purchase of Gifts from Merchants on the Service is at your own risk.
Purchasing Gifts and Additional Terms and Conditions
All Gifts offered on the Service may be subject to additional terms, conditions and policies of the Merchant. Any such terms and conditions may be set forth on or linked from the Service. By making a purchase, you acknowledge and agree to such terms and conditions and you acknowledge and agree that Semy has no control over such terms of sale (including the prices) and shall have no liability or obligation to you in connection with such sale. By selecting a Gift to purchase, you make an offer to purchase the Gift you have selected from the offering Merchant in accordance with the terms and conditions presented to you at the time of purchase.
All conditions associated with the lawful sale and service of Gifts by the Merchant are the responsibility of the Merchant and may be subject to additional regulatory conditions and restrictions including but not limited to age verification requirements and restrictions associated with the delivery of alcoholic beverage products to certain consumers.
From time to time, we may offer special promotions, contests and/or sweepstakes to provide users with incentives to purchase Gifts using the Service. We might also tailor particular promotions for you based on the Gifts that you’ve purchased previously, Gifts you have received from other Semy Account holders or related to the Merchants from whom you have purchased or received Gifts. The applicable rules for such special promotional activities will be posted on the Semy website or communicated to you in advance of the promotional activity.
Descriptions of the Gifts listed on the Service are provided by the Merchant and Semy does not investigate or vet Merchants. Semy is not responsible for any claims associated with the description of the Gifts or related pricing, which may change at any time in Semy’s sole discretion without notice. Semy reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Service, and Semy reserves the right, in its sole discretion, to correct any error in the stated retail price of any Gift listed on the Service.
Semy does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant You should make whatever investigation you deem necessary or appropriate before purchasing any Gift to determine whether Merchant is qualified to provide the Gift. Merchant is solely responsible for the care and quality of the Gifts. If a Gift becomes unavailable between ordering and processing, Semy may either cancel or not process the Gift order and will notify you by email or other means.
Gifts Are Nontransferable
When you purchase a Gift, only the named recipient has the right to receive the Gift. The recipient cannot transfer the right to receive the Gift to anyone else except as explicitly allowed by the Service. The right to receive a Gift comprising an alcoholic beverage is subject to the Merchant’s obligation to comply with all applicable laws and regulations associated with the sale and service of alcoholic beverages.
Gifts are purchasable and billed on a one-time basis. You hereby authorize us to charge, on behalf of the Merchant, the credit card or other payment method you have on file in connection with purchases of Gifts.
No Refunds or Exchanges
Once your purchase of a Gift is completed, the Gift cannot be returned or refunded by either us or the Merchant. We advise that prior to placing an order for a Gift you carefully review your selection. Once you have purchased a Gift, you agree to not dispute or otherwise seek a “chargeback” from the credit card or other payment method you used. If you have a question about a charge, you may contact us via the Service or via e-mail at email@example.com. If you deliberately or inadvertently issue a chargeback to the credit card or other payment method you have on file, your account may be terminated. You also agree to pay a $50 processing and collection fee to cover our costs for processing each chargeback. Failure to pay any fees or other amounts owed for Gifts purchased may result in the information pertaining to your outstanding debt being turned over to a collection agency. Past-due balances may be subject to a finance charge of 2% per month or the highest amount permitted by applicable law, whichever is lower. If any fees or charges owed by you are past due, you agree to pay all related collection costs including, but not limited to, court costs, attorneys’ fees, collection agency fees and other administrative costs.
Equipment and Mobile Applications
You shall be responsible for obtaining and maintaining your Devices and all telephone and other equipment needed for access to and use of the Service and all charges related thereto. We shall not be liable for any damage to your Devices or other equipment resulting from the use of the Service.
Our mobile applications allow users to access many features of the Service through a mobile device. If you use the applications you are responsible for any fees that your phone service provider may charge for connection, subscription, roaming, SMS, data, etc. We are not affiliated with any phone or Internet service providers.
Privacy, Security and Passwords
To access certain features of the Service, you may be required to register and to select a username and password. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your username, passwords or account. It is your sole responsibility to (1) control the dissemination and use of your username and passwords; (2) authorize, monitor, and control access to and use of your Semy Account, username, and password; and (3) promptly inform us of any need to deactivate a username or password. At all times you are fully responsible for all activities that occur under your Semy Account.
Semy may, at any time, modify, upgrade, or release a new version of the Service, or any portion of its features and functions without informing you. Unless otherwise expressly and separately agreed by Semy, any new version of the Service will be subject to the terms of this Agreement.
Use of the Service and Restrictions
Although we welcome and encourage user interaction on the Service, we require that all users restrict any and all activity on the Service to that which involves lawful purposes only. In your use of the Service and services you agree not to post or transmit through the Service any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any Law, or which, without our express prior, written approval, contains advertising or any solicitation with respect to products or services. In addition, in your use of the Semy Mobile App you agree that you will not:
- Exploit the Service or its service to access systems, data, or information not intended by Semy to be made accessible to a user of the Service;
- Advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of the Service to become users of other on- or off-line services directly or indirectly competitive or potentially competitive with us;
- Copy (including by taking screenshots), publish, transmit, distribute, perform, sell, create derivative works of, harvest, extract or “scrape” or in any way exploit, any of the content of the Service, in whole or in part, without our prior consent;
- Rent, lease, lend, sell, redistribute, or sublicense the Service;
- copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, including the Semy Mobile App and any updates to the Service;
- Remove, disable, obscure or circumvent any proprietary notices, marks, or labels, including any Semy trademarks, contained on or within the Service;
- Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam (sending the same message multiple times or to multiple people will be treated as spam), chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not;
- Knowingly transmit any material that contains adware, malware, spyware, software viruses, Trojan Horse, worm or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Encourage excessive or irresponsible consumption of alcohol, the consumption of alcohol by minors, stalk, bully or otherwise harass any other person or otherwise engage in or contribute to underuse of the Service in any way that violates any applicable Law;
- Use the Service in a manner, or post to the Service any material, that infringes or violates any third party rights including breach of confidence, copyright, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary right;
- Impersonate any individual or entity, or otherwise misrepresent your affiliation with any individual or entity;
- Use the Service in any manner that could disable, overburden, damage, or impair the Service or Semy’s network or computer systems or those of any of Semy’s subcontractors, agents, affiliates or other users of the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service or our services;
- Circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; reverse engineer any portion of the Service;
- Without our permission, process, collect, or record user information or Service content, or otherwise access the Service using automated means, such as but not limited to robots/bots, spiders, scrapers, or site search/retrieval applications; or contribute content that contains restricted access mechanisms, hidden content of any kinds, or utilize SQL injection or cross site scripting methods;
- Use the Service for any unauthorized, fraudulent, or malicious purpose;
- engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by Semy, may harm Semy or users of the Service or expose them to liability;
- obtain or attempt to obtain any materials or information through any means not intentionally made available by Semy to a user of the Service; or
- Use the Service for any use other than the purpose for which it was intended.
You represent and warrant that (a) you are at least 18 years of age; (b) you have full power and authority to agree to this Agreement; (c) you are not located in, under the control of, or a national or resident of any country or region subject to sanctions by the United States; (d) you have not been placed on the U.S. Department of Commerce’s Denied Persons List; (e) you are not identified as a “Specially Designated National” by the U.S. Department of the Treasury’s Office of Foreign Assets Control; and (f) you will not use the Service if you have previously been prohibited from doing so or if any applicable laws prohibit you from doing so.
You acknowledge and agree that we have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, content, hours of availability, equipment needed for access or use, and Gifts available. Further, we may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
Everything located on or in the Service is the exclusive property of Semy or is used with the express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SERVICE WITHOUT OUR EXPRESS WRITTEN PERMISSION IS STRICTLY PROHIBITED. Any violation hereof may result in a copyright, trademark or other intellectual property infringement claim that may subject you to civil and/or criminal penalties.
The Service may allow you to post, upload, make available text, software, photos, video, graphics, sounds and other content (collectively, “User Submissions”) to the Service.
You take full and sole responsibility for all User Submissions posted to the Service by you or on your behalf, as well as any consequences of posting those User Submissions. You are responsible for obtaining all necessary rights to upload, post and distribute all content, including obtaining permission from any person shown in a photo that you upload or that is identified in any writing that you post.
Disclaimer of Warranty
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEMY OR ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES BE LIABLE TO YOU FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY USER DURING THE TWO (2) MONTHS PRECEDING THE INCIDENT GIVING RISE TO ANY CLAIM; (II) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE, IN EACH CASE ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE SERVICE,
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SEMY AND YOU. YOU UNDERSTAND THAT SEMY WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Release and Indemnification
You understand that you are personally responsible for your behavior while on the Service, the content you post and your use of Gifts and the services we provide.
The Merchants are the sellers of the Gifts which you are purchasing. We do not control any Merchant, and are not responsible for any costs, harm or damages that occur as a result of, either directly or indirectly, Gifts offered by the Merchants.
You release us and our affiliates, and the respective directors, officers, employees, contractors and agents from any claim or liability arising from or related to (a) any Gifts or other services or products provided by the Merchants and (b) any acts or omissions by other users, including those users’ failure to comply with applicable law and/or Merchants’ failure to provide Gifts as described in good faith by us (collectively, (a) and (b) are referred to as the “Released Products Claims”). You also agree to defend, indemnify and hold harmless us and our affiliates, and the respective directors, officers, employees, contractors and agents from and against all claims and liability, including attorneys’ fees, arising out of or related to the Released Products Claims.
Notwithstanding anything herein to the contrary, we shall have the right, exercisable in our sole discretion, to immediately terminate this Agreement and your Semy Account and block your access to the Service at any time and for any reason. You may immediately terminate this Agreement at any time by discontinuing use of the Service and terminating your Semy Account, where applicable.
In addition to its rights to terminate this Agreement, Semy may suspend your access to or use of the Service, in whole or in part, immediately without notice to you, if Semy
determines that: (a) it is reasonably needed to prevent unauthorized access to User Information (defined below), other users’ information, Semy’s systems, or any other data or
systems in Semy’s possession, custody or control; (b) your use of the Service poses a security risk to the Semy, the Service or other users; (c) your use of the Service may subject Semy to liability or may be prohibited by applicable Laws, or (d) you fail to abide by any terms of this Agreement.
Semy may cease making the Service available to you at any time, in whole or in part, in Semy’s sole discretion.
Semy’s termination of this Agreement will not limit any of Semy’s other rights or remedies at law or in equity. Provisions of this Agreement concerning the parties’ rights and obligations which by the content of the provision operate after termination, or which are necessary to enforce any right, shall survive termination or expiration of this Agreement for any reason, including without limitation the sections of this Agreement labeled “No Refunds or Exchanges,” “Intellectual Property,” “Disclaimer of Warranty,” “Limitation of Liability,” “Release and Indemnification,” “Termination,” “Miscellaneous Terms,” “Dispute Resolution,” “Headings and Interpretation,” “Compliance with Laws,” “Notices,” “Electronic Signatures.” “Force Majeure,” “DMCA,” and “Third Party Beneficiaries.”
Third Party Content and Links
The Service may contain content that is licensed from or otherwise provided by third parties, including other users. You acknowledge that your access to or use of any such third party content is at your own risk and may be governed by additional third party terms or policies, including privacy policies. You further acknowledge that by using the Service, you may be exposed to content that you find objectionable, or which is inaccurate, misleading or incomplete. We are not responsible for and expressly disclaim, any liability in connection with the third party data, nor do we make any claims as to the accuracy, completeness or usefulness of any third-party content, nor do we make any endorsement claims for the Service’s third party content. We have no editorial control over such content, and any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers or any other users, are those of the respective author(s) or distributor(s) and not us.
Agreement to Arbitrate and Waiver of Class Action Claims
Please read this section carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court.
You and Semy agree that you and Semy each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You further agree that neither you nor Semy will join any arbitral claim with the claim of any other person or entity in a lawsuit, arbitration or other proceeding; that no arbitral claim will be resolved on a class-wide basis; that neither you nor Semy will assert an arbitral claim in a representative capacity on behalf of anyone else; and both parties expressly waive their right to file a class action or seek relief on a class basis.
Both parties hereby waive the right to a trial by jury. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
If your claim does not exceed $10,000, then the arbitration will be conducted telephonically and solely on the basis of the documents that you and DOB NGU Corporation submit to the arbitrator, unless the arbitrator determines that an in-person hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Any in-person arbitration will be conducted in San Francisco County, California, or any other location you and we mutually agree to.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The proceedings and decision in any such arbitration will be confidential. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Each party’s responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
Headings and Interpretation.
All headings in this Agreement are for convenience only and have no legal effect. As used herein: (a) the terms “include” and “including” are meant to be inclusive and shall be deemed to mean “include without limitation” or “including without limitation,” (b) the word “or” is disjunctive, but not necessarily exclusive, (c) words used herein in the singular, where the context so permits, shall be deemed to include the plural and vice versa, (d) references to “dollars” or “$” shall be to United States dollars unless otherwise specified herein, and (e) unless otherwise specified, all references to days, months, or years shall be deemed to be preceded by the word “calendar” and “business days” shall mean Monday through Friday, exclusive of Semy observed holidays.
Compliance with Laws.
You understand and agree that the Service (including any User Information) is subject to certain national, state, provincial, and local laws, rules, regulations, directives, statutes, orders, judgments, decrees, rulings, and enforceable regulatory guidance (“Laws”), which include without limitation, governmental procurements Laws and Laws related to bribery, fraud, corruption, or international trade, such as the U.S. Foreign Corrupt Practices Act, the UK Bribery Act, and any applicable anti-bribery or trade Laws of other countries, as amended, the U.S. Export Administration Regulations Act of 1979, as amended, the U.S. International Traffic in Arms Regulations, and the sanctions, regulations and Executive Orders administered by the U.S. Treasury Department Office of Foreign Assets Control and U.S. Department of State.
Without limiting any of Semy’s or your other commitments hereunder, you and Semy each agree to comply in all material respects with all Laws applicable to the performance of and exercise of each of your and Semy’s respective rights and obligations under this Agreement. Your compliance with your obligations hereunder will extend to Laws that apply to the access to or use of the Service, as well as any other of your activities hereunder, including those Laws that apply to online conduct, online content, and the transfer of data (including any personal information) to and from the United States.
You agree that you will not use or otherwise export, re-export, transfer, or release (whether by oral, visual or any other means deemed to be an export or reexport) (collectively,
“export”) the Service (including any User Information), except as authorized by United States Laws and the Laws of the jurisdictions in which the Service was accessed or used. In particular, but without limitation, the Service (including any User Information) may not be exported (including by accessing the Service), directly or indirectly: (a) to any person or entity listed or deemed to be a blocked, prohibited, or trade-restricted person or party by the U.S. Commerce Department, U.S. Treasury Department, or U.S. Department of State by operation of Law or otherwise; (b) for any purpose or use prohibited by the U.S. government, such as for nuclear, chemical, or biological weapons production or proliferation; or (c) to any destination or transit point subject to comprehensive sanctions by the U.S. government, as may be amended from time to time, without having obtained the required U.S. authorization(s) prior to such export. You represent and warrant that your access and use of the Service will not violate any such Laws and that you are not located in any such country or on any such list or deemed to be on such list. You will not access or use the Service for any purposes prohibited by United States Laws.
You agree that Semy and its affiliates may contact you by any reasonable means, including via the contact information you have provided in your Semy Account, by e-mail, or the user interface for the Service, to provide you with information and notices relating to the Service, this Agreement or for other purposes related to the subject matter of this Agreement.
Unless otherwise provided by applicable Laws, notices are effective (a) for e-mail or other electronic transmission to you, when sent, or (b) if posted in the user interface for the Service for you, when posted. You are responsible for ensuring that the e-mail address and contact information in your account is accurate and current. Notices sent via e-mail will be effective when sent regardless of whether actually received. Notices to Semy will be delivered to firstname.lastname@example.org.
You agree to the use of electronic documents and records in connection with this Agreement and all future documents and records in connection with the Service—including
this electronic signature and disclosure notice—and that this use satisfies any requirement that Semy provides you these documents and their content in writing. If you do not agree, do not enter into this Agreement. further agree and consent to receive electronically all communications, agreements, documents, receipts, notices, promotions and disclosures (collectively, “Communications”). We may provide these Communications to you by posting them via the Service, by e-mailing them to you at the email address you provide, or by sending an SMS or text message to a mobile phone number that you provide.
Neither Semy, its affiliates, or any of Semy’s or its affiliates’ respective licensors, service providers, subcontractors, suppliers, or distributors, nor you, shall be responsible for any delays or failures to perform any obligation under this Agreement to the extent that such delays or failures result from any cause beyond such person or entity’s reasonable control, including fires, blockages, embargoes, explosion, earthquake, storms or other elements of nature, acts of terrorism, wars, epidemics, government requirements, civil or military authorities, acts of God, strikes, labor disputes or other industrial disturbances, systemic electrical, telecommunications or other utility failures.
Semy respects the rights of all copyright holders and in this regard, Semy has adopted and implemented a policy that provides for the removal from its websites and mobile applications of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Semy’s Copyright Agent all of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, and information reasonably sufficient to permit Semy to locate the material; (d) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the Law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The contact information for Semy’s DMCA Agent for notice of claims of copyright infringement is: Attn: Copyright Agent, 9501 W 144 #202 Orland Park IL 6064, email@example.com.
The parties acknowledge that this Agreement evidences transactions involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
Third Party Beneficiaries.
Except as provided in the section titled “Apple iOS” below, this Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.