Terms of Use

TERMS OF USE

This website, located at www.semblance.bigcartel.com or any of our affiliated sites (collectively, the “Site”), is provided by Semblance. (Semblance, “we,” “our,” or “us”) to the person accessing this Site (“you,” “your”).

You Agree to These Terms by Using This Site

Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. Semblance may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You cannot modify these Terms of Use. These Terms of Use only can be modified in a writing signed by Semlance. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must stop your use and exit the site immediately.

Permitted Use of the Site; Termination

The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing Semblance or its services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.

You agree that Semblance may, without cause or prior notice, and without liability to you or any third party, immediately terminate your Semblance membership, any promotion, accumulated reward or virtual currency associated with your membership and/or email address,, access to your membership page, access/participation in any special marketing groups, access to our blog, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with the these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your membership may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Semblance may have at law or in equity.

Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Site, and/or (i) no cause at all.

Termination of your Semblance membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in Semblance sole discretion and that Semblance shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.

You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us.

User-Submitted Content

The Site may, from time to time, offer interactive features that allow users to submit content to the Site. Semblance does not and cannot review all such content, and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute user-generated content on the Site, Semblance is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize Semblance to use, (b) you hereby waive any moral rights you may have in such user-generated content, (c) and all such content is true and accurate. In any event, Semblance reserves the right to block or remove communications or materials that it determines to be unacceptable to Semblance in its sole discretion.

By submitting any user-generated content, you hereby grant Semblance a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. All content that you submit may be used at Semblance’s sole discretion without any obligation of confidentiality.

Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Semblance employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.

Interaction with other Users

You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release Semblance (and Semblance’s officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Notice; Electronic Communications

When you visit this Site, send emails to Semblance, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with Semblance.

We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you.

Privacy

Semblance’s Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) you transmit to the Site by electronic mail or otherwise will be used by Semblance in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary.

Practices; Typographical Errors; Colors

You acknowledge that Semblance may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on Semblance’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You agree that Semblance has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that Semblance reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that Semblance reserves the right to modify these general practices and limits from time to time.

In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, Semblance reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, Semblance shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall Semblance be obligated to provide you the merchandise at the incorrect price.

The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, Semblance makes no guarantees that any actual colors of products or features will be true or accurate.

Disclaimer - Warranty

THIS SITE, ITS CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEMBLANCE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Semblance does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Semblance does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Semblance, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your membership (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account. You are responsible for protecting and not disclosing your user name and password to others.

Limitations of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER SEMBLANCE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER SEMBLANCE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Third-Party Links

In an attempt to provide increased value to our visitors, Semblance may link to sites operated by third parties. However, even if the third party is affiliated with Semblance, Semblance has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Semblance. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Semblance specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

Semblance does not endorse the content, or any products or services available, on such sites. Nonetheless, Semblance seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non confidential and non proprietary.

Intellectual Property

Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, ‘Contents’) are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by Semblance or its affiliates.

Copyright 2010-12, Semblance. ALL RIGHTS RESERVED.

All software used on this Site is the property of Semblance or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.

Copyright Complaints

If you believe that your copyright or other rights have been infringed, please provide the following information to Semblance:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;

(ii) a description of the copyrighted work or other work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Semblance’s  website;

(iv) your address, telephone number, and email address;

(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the Commonwealth of Delaware, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within New Castle County, Delaware, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

Privacy Policy

    Information We Collect & How We Use It

The types of personal information we may collect from you can vary according to the method through which it was attained. It may include, but is not limited to, the following:

Information You Provide to Us

We receive and store any information you knowingly provide to us, such as:

- Full name

- Email address

- Phone number

- Shipping address

- Billing information and payment details (such as billing address, credit card details, and other sensitive financial information, specifically for the purpose of completing your transaction)

- A record of your Semblance orders, purchase history, and shopping behavior and preferences

- Information provided by you through your interactions with us in social media

- Location and geographic information that could be collected if you use our mobile site or app.

- Other details that you may submit to us or that may be included in the information provided to us by third parties.


Email & Other Communications

We may contact you via email to send you necessary order-related messages, such as order confirmation and shipment confirmation notices.

We may also send you newsletters and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these and other promotional communications from us, you may select the unsubscribe link which is present in each email.

How We Use Your Information

All of the personal information we collect from our customers is for the purpose of the reasoning described above, as well as:

- processing, verifying, validating, and completing your transaction

- creating, managing, and maintaining your membership to this Site

- providing requested live customer support and services

- record keeping of your purchase history

- enabling communication via our Site, blog, and social networks

- managing your participation in contests and promotions

- sending email as appropriate

Under 16

Semblance is intended for users who are 16 years of age and older. If you are under the age of 16, you are not permitted to submit any personal information to Semblance. We will promptly delete any personal information from a person under the age of 16 should we discover that we have collected such information from a person under the age of 16 without verification of parental consent. If you believe we may have collected information from a person under the age of 16, please promptly contact Semblance so we can correct.

Information Sharing

Semblance does not share the personal information of its users with any unaffiliated third parties for their promotional purposes. We share your personal information with unaffiliated third parties only as described below:

Payment, Shipping, Referral, & Other Programs

We use a third party payment processor and a third party shipping agent to ensure the payment and delivery of your purchased products. We also use a third party to administer our referral program. We may use other third parties for other services from time to time. These third parties have no authority to use your personal information for their own promotional purposes.

Legal Disclosure

We reserve the right to disclose personal information to our service providers, the government, law enforcement agencies, or other third parties under certain circumstances where a formal request has been made (such as in responding to a court order, subpoena, or judicial proceeding) as Semblance, in our sole and absolute discretion, deems necessary and appropriate. Moreover, in the event of a sale, merger, or transfer of some or all of Semblance’s assets, or dissolution or bankruptcy, your personal information may be transferred to an unaffiliated third party as part of or apart from other transferred assets or assets. Any transfer will then be governed by and be the responsibility of any purchaser of or successor to the transferred assets or assets. We shall notify you by a notice on the home page of any change in the information practices governing your personal information as a result of any transfer of assets or any asset change in ownership, and your choices in how your information is used.

Privacy Policy Updates

Semblance may, at any time and without notice, modify and update this Privacy Policy by revising it on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Privacy Policy.

Last updated September 25, 2012.

Questions and feedback

We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site.