Terms Of Use
When you ("You" or "User") use this Internet web site (or any co-branded versions of this web site) ("Site"), You agree to the following terms and conditions (the "Use Agreement"). E-ventures ("semTube" or "We") may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF.
This Site is for Adults Only
Our services are available only to individuals who can form legally binding contracts under applicable law. You may use this site and the services available here during the time You are a registered user.
The Site is Evolving
We may modify or discontinue this Site and the services available at it without notice or liability to You.
User Obligations
You agree NOT to do any of the following while using the Site: - Violate any applicable law or regulation; - Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution; - Tamper with postings of other users; - Post logos, seals or slogans from third parties on any part of the Site unless they are provided by semTube or an semTube partner; - Solicit or gather any user's information available from the Site, such as other users' names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters; - Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site; - Frame or link to the Site except as permitted in writing by semTube; - Impersonate or misrepresent Your affiliation with any person or entity. - Post false or misleading information about a product, service or service request; - Post or transmit any Content that infringes a third party's intellectual property rights or rights of publicity or privacy; - Post or transmit any Content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, tortious, threatening, pornographic, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), overly disparaging or deprecating of semTube or other users or otherwise objectionable; - Fail to respond to an email from semTube regarding violation, dispute or complaint
We may cancel Your membership if We reasonably believe that You have violated or acted inconsistently with the letter or spirit of this Use Agreement, or violated our rights or those of another party. semTube reserves the right to terminate any user for any reason, at its sole discretion.
Reproduction
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by semTube. semTube and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel service requests or memberships in its discretion, including, without limitation, if semTube believes that a User's conduct violates applicable law or is harmful to the interests of semTube and its affiliates.
Intellectual Property Policy
semTube respects the intellectual property of others and expects our account holders to do the same. At our discretion and in appropriate circumstances, semTube may terminate the accounts of users who infringe upon the intellectual property rights of others.
Links
The Site may contain links to other web sites or resources. You acknowledge and agree that semTube is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that We endorse the linked site. You use the links at Your own risk.
Limitation of Liability
NEITHER semTube NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL semTube'S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF ANY USE OF THIS SITE EXCEED $10,000.00. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You.
semTube is not responsible for any liability related to the completion, timeliness, adequacy, and/or payment for services listed on our Site. Any questions, complaints or claims related to the completion, timeliness, adequacy, and/or payment for services should be directed to the appropriate service provider.
If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, We are not responsible for those costs.
Errors and Disclaimer of Warranties
YOU USE THE SITE AT YOUR RISK. We endeavor to provide a convenient and functional Site, but We do not guarantee that it will be error free or that the Site or the server that operates it are free of viruses or other harmful components. We urge You to keep backup copies of material You maintain on or use with the Site.
As mentioned above, We remind You to be careful in Your dealings with other users. Without limiting the foregoing, EVERYTHING ON THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.
semTube MAKES NO WARRANTY THAT THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) WILL MEET USER'S REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES semTube MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. semTube MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM semTube OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify, and hold harmless semTube, its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content, including without limitation claims against semTube for unsatisfactory performance of services listed on the Site, or Your violation of this Use Agreement.
General Provision
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Use Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Use Agreement is personal to You and You may not transfer, assign or delegate this Use Agreement to anyone without the express written permission of semTube. Any attempt by You to assign, transfer or delegate this Use Agreement without the express written permission of semTube shall be null and void. This Use Agreement and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any User and semTube.
This Use Agreement will be governed by the law of California, U.S.A., without regard to its conflicts of law provisions. Any dispute related to this Use Agreement will be settled in a binding arbitration under the arbitration rules of the American Arbitration Association. Any dispute You may have with respect to this Site must be commenced within one year after it arises, or the cause of action is barred The paragraph headings in this Use Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
The Use Agreement and the agreements referenced in this Use Agreement comprises the entire agreement between You and semTube with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any web site that links-to or is linked-from the Site. We suggest that You print out a copy of this Use Agreement for Your records.
Indemnification
You agree to defend, indemnify and hold harmless semTube, its officers, directors, employees and agents (each an "Indemnified Party") from and against any and all losses, damages, and costs incurred by an Indemnified Party as a result of any action, claim, suit or other proceeding brought by a third party against such Indemnified Party in connection with Your use of the Payment Service or any payment obligations incurred through use of the Site.DISCLAIMER OF WARRANTY
USE OF THE SITE AND OF THE PAYMENT SERVICE IS ENTIRELY AT YOUR OWN RISK AND THE SITE, THE PAYMENT SERVICE AND ALL PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SITE ARE OFFERED "AS IS" WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS, SERVICES OR RESULTS; AND (B) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION, IN WHICH CASE, THEY ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL semTube'S LIABILITY IN ANY ACTION RELATING TO OR ARISING FROM THE USE OF PAYMENT SERVICES EXCEED $25,000 U.S. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL semTube BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST SALES, GOODWILL OR PROFITS, ARISING FROM SERVICE PROVIDERS' USE OF THE PAYMENT SERVICES, WHETHER BASED UPON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, EVEN IF semTube HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. semTube WILL NOT BE LIABLE FOR THE COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES. SERVICE PROVIDERS AGREE TO MAKE ALL CLAIMS ARISING OUT THIS AGREEMENT WITHIN ONE-YEAR OF THE EVENT LEADING TO LIABILITY AND HEREBY WAIVE ANY AND ALL CLAIMS NOT MADE WITHIN SUCH ONE-YEAR PERIOD. FINALLY, BY USING THIS WEBSITE YOU AGREE THAT ANY AND ALL DISPUTES WILL BE FILED IN THE STATE OF INDIANA.
