Terms of Use

Effective as of May 25, 2018

Thank you for using SembraMedia. These Terms of Use (“Terms”) are a legal agreement between you and SembraMedia, a California nonprofit public benefit corporation (“SembraMedia”) and govern your use of all the text, data, information, software, graphics, photographs and more that we and our affiliates may make available to you (all of which we refer to as “Materials”), including our websites and any services, plug-ins, classes, software or other Resources (as defined below) that we may provide through any of our websites (the “Platform” and together with the Materials, this “Website”). The terms “us” or “we” or “our” refer to SembraMedia, the owner of this Website. If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into this Terms on behalf of such company or other organization.

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

IF YOU ARE A USER LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND OR UNITED KINGDOM, THE DATA PROCESSING ADDDENDUM ACCOMPANIES THESE TERMS AND SETS FORTH OTHER TERMS OF OUR AGREEMENT THAT APPLY SOLELY TO THE EXTENT ANY INFORMATION YOU PROVIDE TO SEMBRAMEDIA INCLUDES PERSONAL DATA OF INDIVIDUALS LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND AND THE UNITED KINGDOM.

SCOPE

SembraMedia’s Platform includes a blog, recourses section, an online media directory, online school, and other content. You may access and use the Platform in accordance with these Terms. Please note that these Terms govern your use of the Platform.

When using the features of the Platform you are subject to any agreements, policies or guidelines applicable to such features that may be posted from time to time. All such agreements, policies or guidelines, including the Privacy Policy, the Terms of Sale and the Data Processing Addendum (as applicable) are hereby incorporated by reference into these Terms.

GENERAL USE

We invite you to use this Website for your individual purposes and not for the purposes of reselling (“Permitted Purposes”).

Subject to these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and a limited, personal, non-exclusive and non-transferable right to access and use the Platform following set-up of your account. You have no other rights in the Platform or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any portion of the Platform or the Materials in any manner. If you make copies of any portions of this Website while engaging in Permitted Purposes then we ask that you be sure to keep the copies all of our copyright and other proprietary notices as they appear on this Website.

Subject to these Terms, we also grant you a limited, personal non-exclusive, nontransferable license to download, install and operate any plug-ins, software, curriculum, documentation, information or other content that we may from time to time have specifically identified within the Website as available for download solely in connection with accessing the Platform (“Resources”). Such Resources are also subject to the additional terms provided to you upon download, including without limitation our Terms of Sale.

Our Website content is not intended for and may not be used by individuals under 13 years of age. By registering for a SembraMedia account, you promise that you are at least 18 years of age or the legal age to form a binding contract with the Company. If you do not meet these requirements, you must not access or use our Website.

ACCOUNT SETUP

To use the Platform for the online school, you need to set up a SembraMedia account.

When you create an account, we collect registration-related information such as name, address, e-mail, URL and phone number. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may setup through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for this website has been breached in any way, you must immediately notify us.

SembraMedia or our billing processors collect your billing information when you set up an account. All of this registration information is protected in accordance with our Privacy Policy.

PAYMENT PERIOD AND FEES

You agree to pay all applicable fees related to your use of this Website and the Platform, which are described fully on our pricing pages. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular membership and utilized services.

Accounts are subject to fees based upon the account type you’ve selected. For renewals, SembraMedia will automatically charge your credit card the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that SembraMedia will have no liability to you arising out of the acts or omissions of such third parties.

BY CREATING AN ACCOUNT, YOU CONSENT TO ALLOW SEMBRAMEDIA TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED. PLEASE PRINT OUT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

RENEWAL/CANCELLATION

Accounts will automatically renew for the same Subscription Period unless you cancel the account by the end of the then-current Subscription Period. You can cancel your account at any time by contacting customer service at contacto@SembraMedia.org. Cancellation will be effective immediately. Please note that after you cancel your account, you will not be able to use or access the Platform and you will not be entitled to a refund of any fees that you’ve paid.

LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. SembraMedia reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

INTELLECTUAL PROPERTY

Our Website contains our media directory, our course material, blog, resources center, our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos (the “Intellectual Property”). Your use of our Website does not constitute any right or license for you to use such Intellectual Property, without the prior written permission of the corresponding owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

ELECTRONIC COMMUNICATIONS

By using the Website, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to this Website. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

LINKS TO OTHER WEBSITES

Our Website may contain links to third-party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. SembraMedia has no control over the legal documents and privacy practices of third-party websites; as such, you access any such third-party websites at your own risk.

FORUMS

Certain areas of this Website may allow you to interact with others (together, “Forums”). These Forums may permit you to submit feedback, information, data, text, software, messages, images or other materials (each, a “Submission”). If you choose to submit ideas, comments, or feedback, either directly to us or via a Forum, you agree that we can use them without any restrictions or compensation to you.

You agree that you are solely responsible for all of your Submissions and that any such Submissions are considered both non-confidential and non-proprietary. If you use our Forums, you also understand that anyone could see your Submissions. SembraMedia does not endorse, nor are we required to pre-screen your Submissions (although we might), and, like elsewhere on the Internet, Submissions from other people could offend you.

By submitting any Submission, you are promising us that you own all rights in your Submission, your Submission does not infringe on the rights of others, your Submission does not violate law, and your Submission is not in poor taste.

You grant to us an irrevocable royalty-free license to copy, modify, publish and display your Submission, and to make, use and sell (and permit others to use) your Submission for any purpose (including, without limitation, to use your Submission in our Platform).

UNAUTHORIZED ACTIVITIES

To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between you and us, all rights in this Website remain our property.

Unauthorized use of this Website may result in violation of various United States and international copyright laws. We want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

• In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
• In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• To stalk, harass, or harm another individual;
• To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• To interfere with or disrupt this Website or servers or networks connected to this Website;
• To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
• Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.

INDEMNIFICATION

You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold SembraMedia, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your Data, or the use thereof, including but not limited to allegations that any processing of your Data by SembraMedia and/or you under this Agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third-party, your User Content, your use of the SembraMedia Properties, your violation of these terms, or your violation of any law.

INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing Submissions that violate intellectual property rights of others, suspending access to this Website (or any portion thereof) to any user who uses this Website in violation of someone’s intellectual property rights, and/or terminating, in appropriate circumstances, the account of any user who uses the Website in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to our Agent for notice of claims of infringement at contacto@SembraMedia.org.

To be sure the matter is handled immediately, your written notice must:

• Contain your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
• Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
• Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

We reserve the right, in our sole discretion, to terminate the account or access of any user of this Website who is the subject of repeated DMCA or other infringement notifications.

WARRANTY DISCLAIMER

THE WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Website will meet your requirements or that the Website will be uninterrupted, timely, secure, or error free or that defects in the Website will be corrected. We make no warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website. No advice or information, whether oral or written, obtained by you through the Website or from us or our subsidiaries/other affiliated companies will create any warranty. We disclaim all equitable indemnities.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

SEMBRAMEDIA WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE. IN NO EVENT WILL SEMBRAMEDIA BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

SEMBRAMEDIA’S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR THE WEBSITE, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SEMBRAMEDIA IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

GOVERNING LAW

This site (excluding any linked sites that are not operated by SembraMedia) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles and the United States Central District Court for the Ninth District of California with respect to such matters.

 

LOCAL LAWS; EXPORT CONTROL

We control and operate the Website from our headquarters in the United States of America and the entirety of the Website may not be appropriate or available for use in other locations. If you use the Website outside the United States of America, you are solely responsible for following applicable local laws.

CHANGES

We may amend our Terms at any time by publishing revised Terms on our Website and/or by sending an e-mail to the address you gave us. The latest copies of our Terms will be posted on our Website, and you should review all Terms prior to using our Website. Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse will be to cease using this Website. SembraMedia reserves the right to change any and all features of our Website, at any time without notice.

CANADA

The parties declare that they have required that these Terms and Conditions and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

CONTACT US

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at contacto@SembraMedia.org, 1818 Clyde Ave., Los Angeles, CA 90019.