Welcome to the legal pages.
On this page you will find the following information:
- Crowdfunding Terms & Conditions
- Patent, Trademarks and Copyrights
- Legal Address to the Company
Any questions referring to legal matters, please contact us at
1. Welcome to Seismocon!
When you back Seismocon, you are agreeing to all the rules on this page. Some of them need to be expressed in legal language, but to make it easy to understand we have created a summary of each paragraph in these blue boxes. Important to note is that these summaries are not part of the official legal terms.
By using this website (the “Site”) and services (together with the Site, the “Services”,”Project”) offered by Seismocon Systems, Inc. and its affiliates, agents, representatives, consultants, employees, officers, and directors — also referred as to “Seismocon”,” Company”, “we”, or “us”, you are agreeing to these legally binding rules (the “Terms”). The reader or user of this site is also defined as herein as “Backer”, “You”, “Contributor”, “Campaign Backer” or “The reader”, are the definition of a donor of funds in connection with the rewards program offered with the Seismocon crowd funding campaign. For purposes of the following Terms and Condition, “Seismocon,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting, which is Seismocon Systems, Inc., PO Box 3496, Napa California 94558.
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING AND/OR PARTICIPATING IN THE SEISMOCON CROWD FUNDING CAMPAIGN, YOU AGREE THAT DISPUTES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
2. About Backing the Project
You like the Seismocon system. You want to help the project to come to fruition. You have contributed funds and have selected a rewards program that is attached to this program.
Seismocon is running a crowd funding campaign and is offering different rewards to raise money from users (“Backers”). Each Backer understands that the rewards program in the Seismocon crowd funding campaign is not to be considered a purchase of a product or a service. The rewards program is a way for Seismocon to say “thank you” for contributing funds and for enabling the project to come to fruition. It is also understood by the backer that things may happen in the process of developing and manufacturing a product/service that may result in a failure of such development/production. In the event that such a failure happens, the backer will not receive any reward, and donated funds are not refundable.
Seismocon offers a number of rewards on its website. Each reward is connected with a contribution amount. The backer selects one of the rewards programs and pays the contribution to Seismocon. Seismocon warrants that all information about the product and services in the crowd funding campaign is accurate and truthful. It is important to note that during a development process, the estimation and definition of the product and services are subject to change. Examples of such changes are lead time of the development and shipping dates, final industrial designs, operations and functionality, selection of technical components, etc. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding the Seismocon crowd funding campaign, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all actions taken by you in backing this project is at your own risk. We expressly disclaim any liability or responsibility for the outcome or success of this campaign. You, as a backer, must make the final determination as to the value and appropriateness of contributing to our campaign.
ALL CONTRIBUTIONS ARE AT YOUR OWN RISK. When you make contributions with Seismocon, it is your responsibility to understand how your money will be used. Please understand the following:
All funds from backers in this campaign will be used solely as described in the materials that are posted or otherwise provided in the crowd funding campaign.
Seismocon shall have full discretion to determine how the funds will be used.
Seismocon makes no representation as to whether all or any portion of your contribution are tax deductible or eligible for tax credits.
Seismocon will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any contribution by you.
You must be 18 years old or over to enter into a binding contract with Seismocon.
You need to submit and warrant that your contact and shipping details are truthful and accurate.
If anyone else uses your account without your permission, you must report it to Seismocon.
Seismocon may, at its sole discretion, refuse to offer the rewards to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
3. How This Works
Most of our Terms and Conditions explain your relationship with Seismocon. This section is different — it explains the relationship between Seismocon and You [The backer of our project], and who is responsible for what. This is what you are agreeing to when you sign up.
We have created a funding platform for our project. We invite people to enter into a contract with us. Anyone who backs the project is accepting our offer, and entering into that contract. The contract is a direct legal agreement between Seismocon and the backers. Here are the terms that govern that agreement:
The funds from the backers must go to the Seismocon project. When a project is successfully funded, when development and production are done, and when the product is ready for shipment, the backer shall receive the reward to the backer’s registered shipping address. Once the product is shipped, Seismocon has satisfied its obligation to the backer.
Throughout the process, Seismocon owes the backers a high standard of effort, honest communication, and dedication to bringing the project to life. At the same time, backers must understand that when they back the Seismocon project, they are helping to create something new — not ordering something that exists. There may be changes or delays, and there is a chance something could happen that prevents the Seismocon from being able to finish the project as promised.
The Estimated Time of Delivery listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when Seismocon hopes to provide that reward.
If Seismocon is unable to complete the project and fulfill rewards, the project is considered to have failed. In a situation like this, Seismocon shall:
email the backer an update that explains what work has been done, how funds were used, and what prevents Seismocon from finishing the project as planned;
work diligently and in good faith to bring the project to the best possible conclusion.
You may view Content on the Site without registering, but as a condition of backing the project, you are required to register with Seismocon and select a rewards program. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms and Conditions, which may result in immediate termination of your account. You will immediately notify us in writing of any unauthorized use of your account, or other known account-related security breach.
4. How Funding Works
This section explains how and when funds are collected, and the cancellation and refund policy.
These are the terms that apply when you are backing the project:
You are charged immediately after you have chosen your rewards program for the project. Backers consent and authorize Seismocon to collect funds that are attached to the rewards program. The exact amount you decided to contribute is the amount we will collect. You represent and warrant that you are authorized to use the applicable credit card for the contribution.
No cancellations. The spirit of crowd funding is that you back a project financially. You may back it with a contribution because you want to see the idea and concept come alive, or you take the opportunity to pick one of the offers that is given by Seismocon and wait for the product to be developed, produced and shipped. Funds are used for its purpose on an ongoing basis and this is why backing of the project can’t be cancelled.
The Estimated Delivery Date is Our Estimate. The date listed on each reward is our estimate of when the award is provided — not a guarantee to fulfill by that date. The schedule may change as the development and production progress.
About Your Contact & Shipping Information. To deliver rewards, we might need information from you, i.e. your mailing address. To receive the reward, you will need to provide your information and if shipping information is changed at the time of delivery, it is the backer’s responsibility to provide such changed information to us at least 3 weeks prior to the shipping date. In the event a backer’s shipping address is inaccurate, the backer will be charged for the second shipment prior to such second shipment being handled.
No refunds. When the product is shipped to the backer, it is not considered a purchase of a product, but a reward of a contribution. The backer can therefore not return the product to Seismocon with a request of a refund, at any time, regardless of reason. Seismocon reserves the right, at its sole discretion, to refund a Backer’s contribution at any time and for any reason, and if they do so, they are not required to fulfill the reward.
Online Payment Service. Seismocon uses third-party payment processing partners to bill you through your credit card for any contributions made, and backer acknowledge that by contributing a donation to the campaign, the backer is agreeing to any and all applicable terms set forth by our payment partners (currently, PayPal and Square), in addition to these Terms and Conditions. In the event Seismocon adds another payment partner, Seismocon is not required to inform the backers about such addition.
Anti-Money Laundering Policy: A contributor warrants, under penalty of perjury, that funds that are used to back the Seismocon project in this crowd funding campaign are legal and free of any illegal activity, including money laundering. The purpose of this policy is to assist law enforcement in combating illegal money laundering, and to minimize the risk of Seismocon resources being used for improper purposes.
5. Other Websites
If you follow a link to another website, what happens there is between you and them — not us.
Seismocon may provide links to third-party websites. (For instance, project pages, user profiles, governmental websites, insurance companies, etc.) When you access third-party websites, you do so at your own risk. Those other websites are not under the control of Seismocon, and you acknowledge that Seismocon is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Seismocon. You further acknowledge and agree that Seismocon shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
6. Intellectual Property
Technology shown in the project description is protected by the United States Patent and Trademark Office [USPTO]. Logotypes are registered and text is under copyright laws. You cannot use the content for anything commercial without getting our permission first.
Seismocon services and products are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. The technology explained in the Seismocon project, and logotypes shown herein are registered with the USPTO. It is therefore prohibited to copy or reverse engineer the products, services and applications that are explained herein.
As a crowd funding campaign;
We permit you to share this document with anyone you would think would be interested in becoming a backer of the project. We encourage you to share the information about our project. If you have any questions about sharing our information, please contact us at email@example.com
You are not allowed to change information in our crowd funding campaign. When sharing the campaign with others, you are not allowed to alter, change, modify or do anything else to the text, pictures and/or presentations without written consent from Seismocon.
7. Our Rights
To operate, we need to be able to maintain control over what happens. So in this section, we reserve the right to make decisions to protect the health and integrity of Seismocon. We do not take these powers lightly, and we only use them when we absolutely have to.
Seismocon reserves these rights:
We can make changes to the Seismocon Site and Services without notice or liability.
We have the right to decide who is eligible to become a backer of our project. We can cancel or decline a contribution. Seismocon is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
Seismocon shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation problems. The Terms and Conditions are personal to you, and are not assignable, transferable, or sub licensable by you except with our prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
You may not assign these Terms and Conditions without the prior written consent of Seismocon, but Seismocon may assign or transfer these Terms and Conditions, in whole or in part, without restriction. Seismocon may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent Seismocon from complying with the law. Seismocon shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
8. Warranty Disclaimer
We work hard to provide you with great services, but we cannot guarantee everything will always work perfectly. This site is presented as-is, without warranties.
Since we are developing the Seismocon system, using funds from backers in this crowd funding campaign, the reward we provide at the successful completion of the project will be delivered “as is” and “as available” and without warranty of any kind, express or implied.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEISMOCON AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SEISMOCON AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
9. Indemnification and release
If you do something in connection with our name, company, products or services that winds up getting us sued, you have to help defend us.
You agree to release, indemnify on demand and hold Seismocon and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Contribution or Campaign, any User Content, your connection to the Services, your violation of these Terms or your violation of any rights of another. You agree that Seismocon has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Seismocon for the costs of its defense (including, but not limited to attorney’s fees.)
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
10. Limitation of Liability
If something bad happens as a result of using Seismocon, we are not liable (beyond a small amount)
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SEISMOCON NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF SEISMOCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) ACCIDENTAL DEATH OR INJURY OF ANY SORT; (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VII) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEISMOCON 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SEISMOCON IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
11. Dispute Resolution and Governing Law
We are located in Napa, California, and any disputes with us have to be handled in Napa under California law.
We at Seismocon encourage you to contact us if you are having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of California and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Seismocon, shall be filed only in the state or federal courts located in Napa County in the State of California, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration; Class Action Waiver. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS AND CONDITIONS, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms and Conditions will be deemed to waive, preclude, or otherwise limit the right of either of us 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) file suit in a court of law to address an intellectual property infringement claim.
The Process. Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms and Conditions. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: Seismocon Systems, Inc., PO Box 3496, Napa CA 94558. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we are not successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.00.
Fees. If you commence arbitration in accordance with these Terms and Conditions, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in San Francisco, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms and Conditions.
Confidentiality. We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
12. The Rest
These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they are the last word.) Thanks so much for reading them, and for backing Seismocon!
These Terms and the other material referenced in them are the entire agreement between you and Seismocon with respect to the Project. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Seismocon with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Seismocon to exercise any right provided for in these Terms in any way will not be deemed a waiver of any other rights.
In any action or proceeding to enforce rights under the Terms and Conditions, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
QUESTIONS? CONCERNS? SUGGESTIONS? Please contact us at firstname.lastname@example.org to report any violations of these Terms or to pose any questions regarding these Terms and Conditions, or the Project.
We regularly collect and use information that could identify an individual (personal data), in particular about your purchase or use of our products, services, mobile and software applications and websites (you, your). The protection of your personal data is very important to us, and we understand our responsibilities to handle your personal data with care, to keep it secure and to comply with legal requirements.
Please read this Policy carefully. This Policy is not intended to override the terms of any contract that you have with you or any rights you might have available under applicable data protection laws.
We may make changes to this Policy from time to time for example, to keep it up to date or to comply with legal requirements or changes in the way we operate our business. We encourage you to regularly check and review this policy so that you will always know what information we collect, how we use it, and who we share it with.
1. WHAT personal data do we collect?
1.1 Personal data or information you directly provide to us
1.2 Personal data or information we get from your use of our product and service
We collect information about the product and services that you use and how you use them in order to properly provide the core or important features of our product and service, or to improve our product and service, or to provide additional features to our product (such as socializing functions or value-added services and promotions, etc.). Some of the typical reasons that we collect personal data include (in case of any contents herein which provide otherwise, such as Section 3 or Section 4, please refer to the relevant details accordingly):
· Provide our product and services, including our app and related website (if any), and improve them over time;
· Allow you to download and purchase products and services;
· Personalize and manage our relationship with you, including introducing you to products or services that may be of interest to you or
to provide customer support;
· Investigate, respond to, and manage inquiries or events;
· Work with and respond to law enforcement and regulators; and
· Research matters relating to our product and business, such as security threats and vulnerabilities, or conducting internal audit, data analysis, and research.
If you do not provide some of the information mentioned below, you may not be able to continue using the product and/or services that we provide, and if you do not agree that the information to be collected after your installation or use of the product, you may stop using or uninstall our product and/or services, or contact with us for advice; for the other types of information, your refusal to provide or opt-out option may cause you unable to access certain specific features or get the best experience.
(1) Device information
We collect device-specific information (such as your hardware model, operating system version etc.).
(2) Log information
When you use our product and service or view the content provided by us, we collect and store certain information in server logs.
(3) Internet Protocol address
Device event information, i.e. system crashes, system activity, hardware settings, browser type, the date and time of your request and referral URL.
(4) Location information
We collect and process information about your actual location. We use various technologies to determine location. The collection and use of location information enables the features in our services and if you refuse to or stop providing it, we can‘t provide the service.
(5) Email address
When you choose to activate our service you provide us a valid email address, and if you chose, an additional password recovery email which could be used to reset your password. You may provide other people’s email addresses to get access to our services, thru your user profile. In the event this happens we will ask for these other people’s consent to use their contact details before we provide any such service.
1.3 Permissions on you device
In providing our product's functions and services, we may need you to allow certain permissions on your device, which will enable to information collection and usage relevant to those functions. You can check if such permissions are allowed or not for our product and service, which can be done by checking "Settings – Apps "and/or "Settings – Permissions" in your device, and thereby decide whether each permission will continue to be allowed or will be denied. The specific way to review the status of such permissions and deny them may vary in different devices, and please refer to the notes or instructions provided by relevant device OEMs and OS developers. In case that you are unable to carry out relevant steps and adjust the settings in your currently-used product or device, please contact us or the OEM of you device.
Please note that allowing these permissions will be deemed as your consent to allow us collect and use relevant information to realize relevant functions; when you deny or disable the permissions in whole or in part, it means you have refused to provide related information to us, therefore also making us unable to provide you those functions relevant to such permissions. To the extent allowed by applicable laws, your decision to deny a certain permission on your device does not affect or invalidate our previous handling of your relevant information which has been based on your prior consent to allow such permission.
1.4 Cookies and tracking technologies
We may use technologies cookies and web beacons.
1.5 Your information which we obtain or receive from third parties
We may obtain or receive from third parties your account information (including not be limited to account avatar, nickname etc.) which you have allowed them to share, and thereby binding your account at the third parties with your personal account in our product and service, and allowing you to directly log into (or by hyperlink) our account via the third party account to use our product and service. We may also, where it is allowed by applicable law or according to your agreement with third parties, obtain other types of your information from third parties.
2. WHEN do we collect your personal data?
2.1 We will collect information from you directly when you use our products and services, or where you contact us with questions, complaints or suggestions or provide us with any feedback.
2.2 We may collect information about you indirectly from other sources and combine that with information we collect through our services where this is necessary to help manage our relationship with you, i.e. third party software applications, social media platforms such as Facebook, Google +, Instagram, Twitter, etc.
2.3 We will not knowingly collect any personal data about persons who are legally recognized as children without making it clear that such information should only be provided with parental consent, if this is required by applicable laws. For the purpose of this Policy, "children" refer to persons under the age of 18 (in the laws of some countries, this age limit maybe higher, in such case such age limit will apply to those subject to such laws).
We shall comply with local laws regarding children’s right protection applicable to our product and service. We will only use the personal data of children as far as is permitted by law where the required parental or guardian consent has been obtained. If you believe we have collected information from any child in error or have questions or concerns about our any other practices relating to children, please notify us and we will take proper actions to investigate and promptly solve relevant issues In case we find out that we have collected children's information without prior consents from their lawful guardians, we will make efforts to quickly delete relevant data.
3. What PURPOSES do we USE your personal data for?
We will use your personal data:
· To keep you posted on software updates, technical updates, security alerts and support and administrative messages;
· To allow you to download and purchase our products and services;
· To help us create, provide, develop, operate, deliver, maintain and improve our products, services, content, advertising and continually improve your user experience;
· To assess customer satisfaction and link or combine with information we get from others to help understand your needs and provide you with better user experience;
· To process transactions and send you related information, including confirmations and invoices;
· To respond to your comments, inquiries, questions, provide customer service and support and fulfill your requests;
· To verify identity, assist with identification of users, and to determine appropriate services;
· To communicate with you and send you important notices or personalized messages, such as communications about purchases and changes to our terms, conditions, and policies;
· To monitor, evaluate and analyze trends, data, transactions, usage and activities in connection with our app, products and services;
· To facilitate internal purposes such as auditing, data analysis, and research to improve our products, services, and customer
· To detect, investigate and prevent fraudulent transactions and other illegal activities and protect our rights and property;
· To use your personal data for purposes associated with our legal and regulatory obligations.
We have to establish a legal ground to use your personal data, so we will make sure that we only use your personal data for the purposes set out in this Section 3 where we are satisfied that:
· our use of your personal data is necessary to perform a contract or take steps to enter into a contract with you (e.g. to fulfill obligations under the contract signed between you and us), or
· our use of your personal data is necessary to comply with a relevant legal or regulatory obligation that we are subject to, or
· our use of your personal data is necessary to support "legitimate interests" that we have as a business (for example, to improve our products, or to carry out analytics across our datasets), provided it is always carried out in a way that is proportionate, and that respects your privacy rights.
In order for us to provide you with our services when you use certain applications, we may collect special categories of data from you. For our collection or use of your special categories of data, we will establish an additional lawful ground to those set out above which will allow us to use that information. This additional exemption will typically be:
· your explicit consent;
· the establishment, exercise or defense by us or third parties of legal claims; or
· a specific exemption provided under local laws of EU Member States and other countries implementing the GDPR.
PLEASE NOTE: If you provide your explicit consent to allow us to process your special categories of data, you may withdraw your consent to such processing at any time. However, you should be aware that if you choose to do so we may be unable to continue to provide certain services to you.
PLEASE NOTE: We will not need to, or will be effectively unable to, get your prior consent on collecting and / or using your personal data in the following circumstances, so far as these exemptions are allowed under applicable laws and so far as the collection and usage is necessary for such purposes:
· when the collection and usage is related to national secure or national defense, public safety, public health or significant public
· when the collection and usage is related to investigation, prosecution, trial or judgment enforcement of criminal acts;
· for the sake of life, property or other major legitimate interests of you or others, while in such incidents we have difficulty to reach you to confirm your consent;
· when the information we collect has been voluntarily disclosed by you;
· when we collect your information from sources that have made legitimate and public relevant disclosures of such information, such as legitimate news reports, or governmental information disclosure;
· when relevant collection or usage is necessary for ensuring the safe, stable and legitimate operations of our product and service,
such as when we need to diagnose or deal with failure or defects in our product and service;
· when the collection or usage is required for legitimate news reports;
· when the collection or usage is necessary for academic or research institutes to make statistical or academy research for public
interests, and when such results of research are being disclosed, the personal data contained has been made to be "de- identified";
· when the collection or usage of your information is permitted by applicable laws and regulations for other reasons.
4. Who do we SHARE your personal data with?
We may share your data with other affiliate companies. We may also share your data with third parties, to help manage our business and deliver services. These third parties may from time to time need to have access to your personal data. These third parties may include:
· Our regulators, including regulators and law enforcement or investigation agencies around the world;
· Other third parties, for the purposes of detecting, preventing or otherwise addressing fraud, security or technical issues (such as
cyber-attack, or other illegal or immoral acts), targeting at or related to protecting against harm to the rights, property or safety of our users or us, our affiliates, employees or the public;
· Solicitors and other professional services firms (including our auditors).
Also, if we were to sell part of our businesses or assets, as required by applicable laws or agreed with relevant parties, we would need to transfer your personal data to the purchaser in case of carrying out relevant deals such as merger, acquisition or asset transfers.
5. Direct marketing
We may use your personal data to send you direct marketing communications about our own or third party products and services or our related services including our latest product announcements and upcoming events. This may be in the form of email, post, TEXT/SMS, telephone or targeted online advertisements. We limit direct marketing to a reasonable and proportionate level, and to send you communications which we think will be interesting and relevant to you, based on the information we have about you.
For the purposes of GDPR our processing of your personal data for direct marketing purposes is based on our legitimate interests, but where consents opt-in is required by the relevant laws we may ask you for your consent. You have a right to stop receiving direct marketing at any time. You can do this by following the opt-out or unsubscribe links in electronic communications (such as emails), or by contacting us using the details in Section 11 if you find problems in making such settings by yourself. Please also note that, when necessary (e.g., certain service is suspended due to system maintenance), we may send to you relevant announcements. You may not be able to cancel the announcements related to the services that are not promotional in nature.
We also use your personal data for customizing or personalizing ads, offers and content made available to you based on your usage of our mobile applications, websites, platforms or services, and analyzing the performance of those ads, offers and content, as well as your interaction with them. We may also recommend content to you based on information we have collected about you and your viewing habits. This constitutes "profiling" in respect of which more information is provided at Section 7 of this Policy.
6. International transfers
We may transfer your personal data to international affiliate companies, law enforcement bodies or service providers. We will always take steps to ensure that any international transfer of information is carefully managed to protect your rights and interests:
You have the right - as allowed under applicable law - to ask us for more information about the safeguards we have put in place as mentioned above. Contact us as set out in Section 11 if you would like further information (which may be redacted to ensure confidentiality).
"Automated decision making" refers to a decision which is taken though the automated processing of your personal data alone. This means processing using, for example, software code or an algorithm, which does not involve any human intervention. As profiling uses automated processing, it is sometimes connected with automated decision making. Not all profiling results in automated decision making, but it can do.
If you are a consumer that has signed up to receive marketing updates, we may use profiling to ensure that marketing materials are tailored to your preferences and to what we think you will be interested in. This does not have any significant effect, or a legal effect on you. In certain circumstances it may be possible to infer certain information about you from the result of profiling, which may include special categories of data. We will not however conduct profiling based on your special categories of data unless we have obtained your explicit consent to do so.
8. How long do we keep your personal data?
We will retain your personal data for as long as is reasonably necessary for the purposes listed in Section 3 and relevant Appendixes of this Policy. In some circumstances we may retain your personal data for longer periods of time, for example where we are required to do so to meet legal, regulatory, tax or accounting requirements.
In specific circumstances we may also retain your personal data for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a possibility of legal action relating to your personal data or dealings. Where your personal data is no longer required we will ensure it is either securely deleted or stored in a way which means it will no longer be used by the business.
9. What are your rights?
You have a number of rights in relation to your personal data. In summary, you may request access to your data, rectification of any mistakes in our files, erasure of records where no longer required, restriction on the processing of your data, objection to the processing of your data, data portability and various information in relation to any automated decision making and profiling or the basis for international transfers. You also have the right to complain to your supervisory authority (further details of which are set out in Section 11 below).
Those underlined are defined in more detail as follows:
You can ask us to:
· confirm whether we are processing your personal data;
· give you a copy of that data;
· provide you with other information about your personal data such as what data we have, what we use it for, who we disclose it to, whether we transfer it abroad and how we protect it, what rights you have, how you can make a complaint, where we got your data from and whether we have carried out automated decision making or profiling, to the extent that information has not already been provided to you in this Policy.
You can ask us to rectify inaccurate personal data. We may seek to verify the accuracy of the data before rectifying it.
You can ask us to erase your personal data, but only where:
· it is no longer needed for the purposes for which it was collected; or
· you have withdrawn your consent (where the data processing was based on consent); or
· following a successful right to object (see "objection" below); or
· it has been processed unlawfully; or
· to comply with a legal obligation which app is subject to.
We are not required to comply with your request to erase your personal data if the processing of your personal data is necessary: for compliance with a legal obligation; or for the establishment, research, exercise or defense of legal claims. There are certain other circumstances in which we are not required to comply with your erasure request, although these two are the most likely circumstances where we would deny that request.
You can ask us to restrict (i.e. keep but not use) your personal data, but only where:
· its accuracy is contested (see "rectification" below), to allow us to verify its accuracy; or
· the processing is unlawful, but you do not want it erased; or
· it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
· you have exercised the right to object, and verification of overriding grounds is pending.
We can continue to use your personal data following a request for restriction, where:
· we have your consent; or
· to establish, exercise or defend legal claims; or
· to protect the rights of another natural or legal person.
You can ask us to provide your personal data to you in a structured, commonly used, machine-readable format, or you can ask to have it "ported" directly to another data controller, but in each case only where: the processing is based on your consent or the performance of a contract with you; and the processing is carried out by automated means.
You can object to any processing of your personal data which has our legitimate interests as its legal basis (see Section 3 or contact us for further details), if you believe your fundamental rights and freedoms outweigh our legitimate interests. Once you have objected, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights.
Automated Decision Making
You can ask not to be subject to a decision which is based solely on automated processing (see Section 8), but only where that decision:
· produces legal effects concerning you (such as the rejection of a claim); or
· otherwise significantly affects you.
In such situations, you can obtain human intervention in the decision making, and we will ensure measures are in place to allow you to express your point of view, and / or contest the automated decision. Your right to obtain human intervention or to contest a decision does not apply where the decision which is made following automated decision making:
· is necessary for entering into or performing a contract with you;
· is authorized by law and there are suitable safeguards for your rights and freedoms; or
· is based on your explicit consent.
To exercise your rights you may contact us as set out in Section 11. Please note the following if you do wish to exercise these rights:
· Identity. We take the confidentiality of all records containing personal data seriously, and reserve the right to ask you for proof of your identity if you make a request.
· Fees. We will not ask for a fee to exercise any of your rights in relation to your personal data, unless your request for access to
information is unfounded, repetitive or excessive, in which case we will charge a reasonable amount in the circumstances. We will let you know of any charges before completing your request.
· Timescales. We aim to respond to any valid requests within one month unless it is particularly complicated or you have made several requests, in which case we aim to respond within three months. We might ask you if you can help by telling us what exactly you want to receive or are concerned about. This will help us to action your request more quickly.
· Exemptions. Local laws may provide additional exemptions.
· Third Party Rights. We do not have to comply with a request where it would adversely affect the rights and freedoms of other
10. How we PROTECT your personal data?
We endeavor to protect us and you from unauthorized access to or unauthorized alteration, disclosure or destruction of personal data that we hold.
· We review our information collection, storage and processing practices, including physical security measures, to guard against
unauthorized access to systems;
· We use encryption where appropriate;
· We use password protection where appropriate; and
· We restrict access to personal data to our employees, contractors and agents who need access to the relevant personal data in order to for them to process it for us and who are subject to strict contractual confidentiality obligations.
You are responsible for the personal data that you choose to share, disclose or submit voluntarily while using our website or devices and which can be viewed by members of third party applications or sites such as chat applications or messengers.
When you utilize third-party social media services, email, text messages etc. which you accessed via using our product, and to interact with other users or service providers and exchange personal contact, geographic location or track of traveling etc., please note that we cannot verify if such third-party services have made such information transmission to be fully encrypted. Please take care to protect the security of your personal data, and especially avoid sharing sensitive personal data when you are uncertain about the security of data transfer.
Please understand that due to the rapid development of computer and internet technologies, various measures of attack may exist or be created, whether vicious or not, which renders no applications or internet transmission to be 100% secure. While we continuously take reasonable technical, administrative, and physical measures to protect the information you provided, we still may not be able to guarantee absolute security of your information at all times. Where the relevant information and data collected is stored on your device, security is also dependent on your device's own secure storage functionality. You should also take care to protect the secrecy of your account user name and password and to protect the information stored on your device.
11. Contact and complaints
If you have any issue arising from this policy, including requests to exercise data subject rights, you can contact us at support page:
If you have a complaint or concern about how we use your personal data, please contact us in the first instance and we will attempt to resolve the issue as soon as possible. You also have a right to lodge a complaint with your national data protection supervisory authority at any time. We do ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.
1. We or our third party partners may collect and use your information via tracking technology such as Cookies, which information may be stored as log information.
2. We use such technologies to provide more tailored services and user experiences, and for purposes such as remembering your
account identity or analyzing your account’s security; analyzing your usage of our product and service; advertisement optimization (helping us to provide you with more targeted advertisements instead of general advertisements based on your information). We may also process and summarize the non-personal data collected via tracking technology and provide the same to advertisers or other partners to be used to analyze how users use our services and for advertisement purpose.
4. You may use browser and personal device settings to refuse or manage tracking technology. However, for technical reasons beyond our control, this cannot be guaranteed. For example, if you reset your browser, delete your cookies or access to our website or applications from another browser or device, your cookie settings may be lost.
5. You shall be aware that when ceasing to use Cookie or other tracking technology, you may not be able to enjoy the best service
experiences, or parts of our product or service may no longer function correctly (please contact us in case of any such problems).
Furthermore, you mays still receive the same amount of commercial information such as advertisements which will have lower
relevancy to you.
All information available through this website is the property of Seismocon Systems, Inc. (the “Company”) or its information providers and is protected by copyright and intellectual property laws. All rights reserved.
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The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in this website, constitutes a solicitation or offer by the Company to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.
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By agreeing to grant you access, the Company does not obligate ourselves to do so or to maintain this site, or to maintain it in its present form, and we expressly reserve the right to modify, suspend or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close this website or deny you access to it and delete any files which you may maintain at this site and any information which you may choose to post here. The information on this website is provided “as is.” You expressly agree to assume total responsibility and risk for your use of the website and the service. The company makes no express or implied warranties, representations or endorsements whatsoever with respect to the website or the service. The company expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and noninfringement, with regard to the website, the service or any information or content contained therein (including third-party information). The company shall not be liable for any loss or damage arising either directly or indirectly from any use of the website, the service or any information or content contained therein (including third-party information). It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information or content provided by the website or the service.
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