Terms and Conditions

Definitions and legal references

This Website (or this Application)
Enables the provision of the Service.
Agreement
Refers to any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Owner (or We)
Refers to Our Website – The natural person(s) or legal entity that provides this Website and/or the Service to Users.
Service
Refers to the service provided by this Website as described in these Terms and on this Website.
Terms
Refer to provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice.
User (or You)
Refers to the natural person or legal entity that uses this Website.

This document represents an agreement between You and Our Website.

Upon accessing or using this website, or any services owned or operated by this website, you agree to be bound and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”), and any additional terms that apply.

These Terms govern:

  • The conditions for allowing the use of this website, and,
  • Any other related Agreement or legal relationship with the Owner

In a legally binding way. Capitalized words are defined in appropriate sections of this document.

Please read this document carefully.

If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this website.

This Website is provided by:

Our Website
9 Rue Gerando,
Brooklyn, NY 11225
France

Owner contact email: info@semiocast.com


Summary of what the User should know

  • Age restriction on usage of this Website and the Service : To access and use this Website and any of its Service the User must be an adult under applicable law.
  • Please note that some provisions in these Terms may only be applicable to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each applicable section. In the absence of any such mention, sections apply to all Users.

Terms of use

Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Business/Commercial Users or Consumers.
  • Users must be recognized as adult by applicable law.

Content on this Website

Unless otherwise specified all Website Content is provided or owned by the Owner or its licensors.

The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result.

In such cases, the User is requested to report complaints using the contact details specified in this document.

Rights regarding content on this Website – All rights reserved

The Owner reserves and holds all intellectual property rights for any such content.

Users may therefore not use any such content, in any way that is not necessary or implicit in the proper use of the Website/Service.

Access to external resources

Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.


Liability and indemnification

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at User’s own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet User’s requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at User’s own risk and Users shall be solely responsible for any damage to User’s computer system or mobile device or loss of data that results from such download or User’s use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with User’s web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permittedUnder no circumstances shall the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:

  • any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access or use of the Service;
  • any unauthorized access to or use of the Owner’s secure servers and/or any personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or similar issues that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law. **Indemnification** The User agrees to defend, indemnify, and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs, or debt, and expenses, including, but not limited to, legal fees and expenses, arising from: – User’s use of and access to the Service, including any data or content transmitted or received by User; – User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms; – User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights; – User’s violation of any statutory law, rule, or regulation; – any content that is submitted from User’s account, including third party access with User’s unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information; – User’s willful misconduct; or – statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.