You must be at least 18/21 years of age (legal smoking age) to access the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18/21 years of age; (b) you have not previously been suspended or removed from the Site; and (c) your access to the Site is in compliance with all applicable laws and regulations. If you are accessing the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
ACCOUNTS AND REGISTRATION
To access certain features of the Site, for example when you decide to receive certain services with SEMPO, you may be required to register for a SEMPO account. When you register for a SEMPO account, you will be required to provide us with some information about yourself, such as your email address or other contact information. You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your SEMPO account and password, and you accept responsibility for all activities that occur under your SEMPO account.
PURCHASES; ADDITIONAL TERMS AND CONDITIONS
Purchases of goods or services, and specific sections of the Site may be subject to additional terms and conditions; all additional terms are incorporated into these Terms by reference. You agree to abide by all such other terms and conditions, including representations of having sufficient legal age to use certain portions of the Site or services. If there are any conflicts between these Terms and terms that are specific to a section of the Site or specific to a particular service offered by the Site, you agree that the latter terms will control with respect to your use of that section of the Site or those particular services.
Using the Site
By using the Site, and by entering into these Terms, you represent and warrant that your use of the Site complies and will comply with all applicable laws, statutes, and regulations, and that you will not use the Site except as expressly permitted under these Terms. For users located in China, you agree to comply with the “People’s Republic of China on Guarding State Secrets Law,” “Copyright Law of People’s Republic of China,” “Regulations on Protection of Computer Information System Security People's Republic of China,” “Regulations on Computer Software Protection,” “Internet Electronic Bulletin Site Management Requirements,” “Information Network Transmission Right Protection Ordinance” and other applicable laws and regulations, the implementation approach. SEMPO reserves the right to review, remove, or disable access to User Content in violation of the applicable laws and regulations in China. SEMPO also welcomes users to report any User Content that is in violation of applicable laws or regulations.
By using the site, you agree not to:
- Access the Site for any illegal purpose or in violation of any local, state, national, or international law;
- Conduct activities that may be harmful to others or that could damage SEMPO‘s reputation;
- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
- Interfere with security-related features of the Site, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
- Interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Site; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- Perform any fraudulent activity in connection with your obtaining or accessing the Sites, including impersonating any person or entity, claiming a false affiliation, accessing any other SEMPO account without permission, or falsifying your age or date of birth;
- Use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
- Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any portion thereof, unless and solely to the extent SEMPO makes available the means for embedding any part of the Site;
- Access, tamper with, or use non-public areas of the Site, SEMPO’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of SEMPO’s providers;
- Access the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
- Attempt to do any of the acts described in this Section, or assist or permit any person in engaging in any of the acts described in this Section.
TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE SITE
If you violate any provision of these Terms, your permission from us to access the Site will terminate automatically. In addition, SEMPO may in its sole discretion terminate your SEMPO account or suspend or terminate your access to the Site at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Site or features of the Site at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or access to the Site. Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the Site, you will not have access to any data or content posted to the Site or otherwise contained in the Site, and we will have no responsibility to provide you access to such data or content. You may terminate your SEMPO account at any time by contacting customer service at email@example.com.
MODIFICATION OF THESE TERMS
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modified versions of these Terms are effective upon their publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. By continuing to access the Site, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, you must immediately cease your access to or use of the Site. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by SEMPO. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by SEMPO are protected by intellectual property and other laws. All Materials contained in the Site are the property of SEMPO and its third-party licensors. Except as expressly authorized by SEMPO, you may not make use of the Materials. DJI reserves all rights to the Materials not granted expressly in these Terms.
If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Site or any of the services or products made available by SEMPO (“Feedback”), then you hereby grant SEMPO an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.
You are responsible for your access to the Site. You will defend and indemnify SEMPO and its officers, directors, employees, consultants, and agents (together, the “SEMPO Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
DISCLAIMERS; NO WARRANTIES
THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SEMPO ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE SEMPO ENTITIES DO NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR USER CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE, WILL CREATE ANY WARRANTY REGARDING ANY OF THE DJI ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, AND ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SITE.
NOTWITHSTANDING THE FOREGOING, SEMPO DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT SEMPO IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE SEMPO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SEMPO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and SEMPO agree to submit to the personal and exclusive jurisdiction of the courts of California for the purpose of litigating any dispute. We make no representation that the Site or any Materials included in the Site are appropriate or available for use in your location.
In the interest of resolving disputes between you and SEMPO in the most expedient and cost effective manner, you and SEMPO agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SEMPO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of Section “Generally”, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
CONSENT TO ELECTRONIC COMMUNICATIONS