Terms of Use

Last Updated on August 1, 2013

1. Eligibility
   1. Membership in Semicontek.com is free or as otherwise specified upon registration into Semicontek.com.
   2. Semicontek.com Member Account is open to individuals, Corporations or other business entities and Non Profit Organizations.
   3. Semicontek.com is limited to one account per individual, corporation or other business entity and Non Profit Organizations, even if that individual, corporation or other business entity and Non Profit has multiple e-mail addresses. In addition, only one account per e-mail address will be allowed.
   4. Only one account per IP address will be allowed. Exception allows Corporations or other business entities and Non Profit Organizations to create multiple registration of individual accounts.
   5. Only one account per Mailing Address will be allowed.
   6. Automated services, scripts, or other machines are not eligible.
   7. Each User must be at least 18 years of age or older to be eligible for Semicontek.com.
   8. Semicontek.com is open to US and International users and is void where prohibited by local governing laws.
   9. Membership in Semicontek.com, any amount earned utilizing Semicontek.com or any other related membership benefits are not transferable and may not be combined or merged among other User accounts, their estates, successors or assigns.


2. User Registration Obligations
   1. Equipment. In order to access and use Semicontek.com, User needs computer equipment and telecommunications access necessary to connect to and access the World Wide Web. User must provide, at User's own expense, all equipment, all services (including, where applicable, telephone or internet access service) and all related third-party service fees (such as ISP charges) necessary to access Semicontek.com.
   2. Registration Data. In consideration of use of Semicontek.com, User agrees to provide to Semicontek and its third-party Sponsors true, accurate, current, and complete information as prompted by this Website's online registration form (the "Registration Data") and agrees to maintain and promptly update the Registration Data as necessary in order to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, Semicontek may suspend or terminate User's account immediately and may refuse User all current or future use of Semicontek.com.


3. Password & Account Access
   1. User's Password & Account Access Rights & Responsibilities
      1. User must select a User name and password as part of the registration process.
      2. In order to prevent unauthorized activity, to access Semicontek.com, User must give Semicontek.com the selected User name and password in order to update User profile information and redeem or use Semicontek Account Balance ("Account Balance").
      3. User must be logged in to Semicontek.com, using his/her User name and password, to access his/her Semicontek.com account.
      4. For security purposes, User is advised to memorize, and not to write down, his/her User identification name and password.
      5. User agrees not to use any language in his/her User name, Password, e-mail addresses, aliases, e-mails, chat rooms or any other communication that Semicontek.com deems offensive or obscene. Semicontek.com reserves the right to immediately suspend or terminate the account of any User who violates this agreement at its sole discretion and may refuse User all current and future use of Semicontek.com.
      6. User is responsible for keeping his/her e-mail address, User name and password confidential, and is solely responsible for all activities that occur under User's account, User name and password, including all unauthorized activities.
      7. User agrees to (a) immediately notify Semicontek of any unauthorized use of his/her User name and password or any other breach of security related to this Website or Semicontek.com , and (b) ensure that User exits from User's account at the end of each session.
      8. User agrees to abide by all applicable local, state, federal and international laws and regulations with respect to user's account.
   2. Semicontek's Password & Account Access Rights & Responsibilities
      1. Semicontek is entitled to act on instructions received under User's user name and password.
      2. Semicontek cannot and will not be liable for any credits or debits made to User's account by another individual who uses User's password, or for any loss or damage arising from User's failure to adequately safeguard User's identification name and/or password.
      3. Each User consents to Semicontek.com employees being able to access your account and records on a case-by-case basis to investigate complaints or allegations of abuse. If this occurs, Semicontek.com shall not disclose the existence or occurrence of such an investigation unless otherwise required by law.
      4. Generally, only the User named on the account will be entitled to access account information. However, Semicontek.com does comply with court orders and subpoenas and cooperates with investigations by local, state and federal agencies. Under these circumstances your account information may be shared with others with or without your knowledge or consent.


4. Partners' sites
   1. In summary, and without being exhaustive, no sites promoting the follow shall be eligible to promote Semicontek.com:
      1. Adult Content or Sexually Themed
      2. Tobacco Sales
      3. Discriminatory Practices
      4. Hate / Violence Sites
      5. Weapons Sales
      6. Pharmaceutical Sales
      7. Illegal Downloads
      8. Gambling
   2. Advertising landing page that break frame will not be approved.
   3. Semicontek reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to approve or deny any Advertisement Content.


5. User Conduct
   1. User agrees not to use Semicontek.com or any part of this Website to:
      1. Violate any local, state, national or international law;
      2. Stalk, harass or harm another individual;
      3. Collect or store personal data about other Users;
      4. Impersonate any person, or otherwise misrepresent User's identity;
      5. Interfere with, disrupt or violate the Terms of Services and operating rules of Semicontek.com or servers or networks connected to Semicontek.com; or disobey any requirements, procedures, policies or regulations of such networks;
      6. Interfere with another User's use of Semicontek.com;
      7. Attempt to gain unauthorized access to Semicontek.com, or to other accounts, computer systems or networks connected to Semicontek.com;
      8. Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
      9. Use Semicontek.com to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;


6. User Postings, Messages, and Chat
   1. The Website may include certain sections in which, now or in the future, Users are permitted the opportunity to post comments, feedback, other messages, or the opportunity to communicate with other Users. All such communications provided by you on or through this Website, or sent to us by email, mail, or other means (collectively, “Postings and Messages”) will be considered non-personal, non-confidential, and non-proprietary.
   2. You hereby grant Semicontek a perpetual, worldwide, royalty-free, unrestricted, irrevocable license to use, reproduce, display, perform, modify, create derivative or collective works, transmit and distribute your Postings and Messages, and agree that Semicontek is free to use such Postings and Messages for any purpose and in any medium.
   3. You further grant Semicontek the right to sublicense or assign any of the foregoing rights to others. In addition, you grant a license to all Website members to print one (1) copy of your Postings or Messages for their personal use only.
   4. All Postings and Messages appearing on the Website are the responsibility of the person providing such Posting or Message. Semicontek is not responsible for the contents of any Posting or Message.
   5. Prohibited Content. Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may result, in our sole discretion, in termination of your membership. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including, without limitation, removing the offending communication from the Website and reporting such violator to the appropriate legal authorities. Prohibited Content includes but is not limited to Content that, in our sole judgment:
      1. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      2. harasses or advocates harassment of another person;
      3. involves the transmission of "junk mail," "chain letters," "spam" or any other unsolicited mass mailing, emailing or other communication;
      4. includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive or (3) is threatening, obscene, defamatory or libelous;
      5. constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images or video or links to pirated music, image or video files or (4) Content which otherwise violates the terms of Section 8 below;
      6. displays pornographic or sexually explicit material of any kind;
      7. includes material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from anyone under 18;
      8. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
      9. solicits passwords or personally-identifying information for unlawful purposes from other Members; and
      10. engages in pyramid and illegal schemes;
   6. Even though all of the above Content is strictly prohibited, there is a small chance that you may become exposed to such items while using the Website or the Service. If so, neither we nor any of our officers, directors, employees, shareholders, anyone associated with Semicontek, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure.
   7. Semicontek does not in any way endorse the contents of any Posting or Message, nor does it guarantee the accuracy or completeness of any Posting or Message. You are advised that Postings or Messages may be false or misleading. Any action you may take in reliance on any Posting or Message appearing on this Website is solely at your own risk.
   8. If you believe a Posting or Message by another User violates the copyright or other proprietary rights of a third party please notify us immediately, specifically identifying the offending Posting or Message as well as the true copyright owner and any supporting information, and we will take appropriate action. You also agree that we may communicate with you, by email or any other method, regarding your participation with Semicontek.com and related activities.
   9. Removal of Content. You understand and agree that we may review and delete any Content that you include in your Post on any area of the Website that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal or (3) might violate the rights of, harm or threaten the safety of any other User.


7. Inactivity
   1. If a Member has not logged into their account for a period of six (6) months, their Account will be permanently closed and all Credit in his/her Account Balance or other items accrued will be forfeited.
   2. In the event of a death of any User, such User’s Account is automatically and immediately terminated, and all Credit in his/her Account Balance or other items accrued in such Account are forfeited.


8. Referrals
   1. Tracking
      1. Member may refer unlimited amount of people to sign up and join Semicontek.com.
      2. Members can use their Referral URL ("URL" or "Link") to refer other Users to Semicontek.com. Members can find their Referral URL in the Tell a Friend or Referral Center’s Section of their Member Account.
   2. Spam And Unsolicited Email
      1. Members may not SPAM (send unsolicited email to persons they do not know) in order to refer other Users to Semicontek.com. We cannot possibly list all acceptable and unacceptable methods of advertising.
      2. If a Member has a specific question as to whether or not a particular advertising method is acceptable, they should contact us prior to engaging in that action.
      3. Members may send Solicited E-Mail to their subscribers advertising Semicontek.com. However, Members must adhere to all current legislation, including the CAN-SPAM Act.
      4. Failure to comply will result in immediate termination of your membership with Semicontek.com, and may result in legal prosecution. Members may be fined up to $5 per spam email reported from Members’ Referral URL.
   3. False Advertising
      1. Members may not make untrue or exaggerated statements when advertising Semicontek.com or engage in any unfair or deceptive trade practice as defined by law. For example, a Member may not put on their Web Site: “Join Semicontek.com and get paid $1.00 for every E-Mail you read!”
      2. If the User provides information about Semicontek.com on their website, they must ensure the information is updated and accurate.
   4. Referral Rewards
   1. Referral Rewards are credited to a Member’s Account for all qualified earnings and purchases generated by Users they refer to Semicontek.com.


9. Account Abuse
   1. Multiple registrations shall be grounds for immediate termination of all involved accounts.
   2. Registering multiple individual accounts from the same IP address or from the same computer may also constitutes fraud. Exception allows Corporations or other business entities and Non Profit Organizations to create multiple registration of individual accounts.
   3. Member is not allowed to use any kind of software or website to view and click paid advertisements. If you use any unauthorized third party software or services to automate the surf, automate the click, or try to defraud Semicontek, your account will be terminated without any notice.
   4. Any use of Internet bots, also known as web robots or simply bots would be ground for immediate termination of your Semicontek.com account. Bots are software applications that run automated tasks over the internet. Typically, bots perform tasks that are both simple and structurally repetitive, at a much higher rate than would be possible for a human editor alone.
   5. Semicontek.com may file charges for recovery of any credits received from multiple registrations or any other type fraud or abuse outlined within this membership agreement.
   6. This conduct will result in the forfeiture of any credits members have generated.
   7. It is agreed between the user and Semicontek.com that determining the specific dollar amount of damages sustained to the reputation of Semicontek.com as a result of the fraudulent actions of either our advertisers or our members would be in some cases difficult to prove.
   8. Semicontek.com takes seriously our obligation to protect our advertisers to be sure they are getting the true value of their investment dollars. For that reason, any breach of this agreement would automatically result in liquidated damages of $1500 in addition to any actual damages sustained by Semicontek.com.
   9. Semicontek.com reserves the right in their discretion to suspend or terminate user account at any time, upon investigation and conclusion that a fraudulent or deceptive act is occurring or likely to occur or for any reason, with or without any warning or notice. Any warning or notice available will be sent to user account's email address. Due to the proprietary nature of our monitoring system, we reserve the right not to disclose any detailed information nor discuss the reason for suspending or terminating your account. We reserve the right to initiate any legal action against users that violated our policies.


10. Earning Semicontek.com Credit in your Account Balance
    1. Members can earn Credit by participating in various activities on the Semicontek.com site. Descriptions of these activities and amount of Credit awarded per activity are outlined in the View Ads , Offers and Shopping section of the Member Account and Business Tools section of the Member Account in Semicontek.com.
    2. Members may earn by clicking the advertiser links in the View Ads section and visit the advertiser websites for the required amount of time, completing offers/signups listed in the Offers section or shop at Semicontek's partner stores after they have logged into their Semicontek.com account.
    3. Members may also have the opportunity to earn by referring new members or advertisers to Semicontek.com.
    4. Members can earn a percentage of advertising revenues collected by Semicontek.com.
    5. Member agrees that he/she shall receive personalized e-mails, information and offers from Semicontek and/or its sponsors or as otherwise specified by Semicontek via electronic mail, the Internet, physical mail and other communications in any media and that activity by such Member regarding the information received may entitle the Member the ability to earn Semicontek.com Credit.
    6. Examples of some Semicontek Account Balance earning activities may include, but are not required to include, clicking and viewing advertisements for the required amount of time and participating in sponsor offers, free trial, sign ups, completing polls, sweepstakes or surveys ("Offers"), cash back from qualifying shopping purchases made through Semicontek's Partner Stores.
    7. From time to time, Semicontek.com may send messages to Members that do not carry the ability to earn Semicontek.com Balances. Notwithstanding the foregoing, Semicontek will make a best effort attempt to inform Member when he/she has the opportunity to earn Semicontek.com Credit.
    8. On occasion, Semicontek and/or its Sponsors may allow Members to earn additional Semicontek.com Credit via special offers.
    9. Some special offers may not carry the ability to earn Semicontek.com Credit.
    10. The amount of Semicontek.com Credit offered via any offers or special offers will be on a case-by-case basis.
    11. The ability to earn additional Semicontek.com Credit and the amount of possible additional Semicontek.com Credit will be stipulated in each special offer.
    12. Member must comply with the terms of each offer and special offer to earn any such additional Semicontek.com Credit.
    13. Member acknowledges that he/she may not be eligible to receive certain offers. If Member is sent or receives an offer in error, Semicontek reserves the right to debit the Member's account for the Semicontek.com Balances erroneously credited.
    14. Semicontek.com shall make the final determination, in its sole discretion, as to whether a qualified activity has been satisfactorily completed and Semicontek.com Credit may or may not be earned for such activity in the Member's account.
    15. Members may be given additional Semicontek.com Credit, if Semicontek determines, in its sole discretion, that such Semicontek.com Credit should be given.
    16. Members may view a summary of their Semicontek Account Balance accumulation at the Semicontek.com website. Each Member should review the Semicontek.com Credit accumulation on the Semicontek.com website to confirm any Semicontek Account Balance earnings.
        


11. Redeeming Semicontek.com Balances
    1. About Your Account Balance
       1. Semicontek.com Credit shall be available to each Member that participates in Semicontek Account Balance earning activities designated by Semicontek.com and the amount of the Semicontek.com Credit available for each qualified activity shall be determined in the sole discretion of Semicontek, all of which is subject to change, modification, addition or deletion from Semicontek.com at any time.
       2. Members can earn money which is credited to their Account Balance as described in the other sections of these Terms of Services, and which is subject to Members compliance with all Terms of Services. Members Account, including any credits in their Account, is non-transferable and non-assignable, and may not be pooled, lent, sold, or exchanged to other Members. We may change rules about requesting payment or redeeming other credits in your Account at any time and such changed rules will apply to Credit already accrued as well as to Credit accrued in the future.
       3. Members may earn by visiting the advertiser websites or completing offers/signups after they have logged into their Semicontek.com account. Members may also have the opportunity to earn by referring new members or advertisers to Semicontek.com. Members can earn a percentage of advertising revenues collected by Semicontek.com. Members will be paid all earnings via check delivered to your postal address on your profile or other methods announced by Semicontek.com. Semicontek.com will disburse pay to members when their balance reaches the minimum payout rate set by Semicontek.com and agreed upon by you the member.
       4. Once Member has achieved sufficient Credit, Member may redeem his/her accrued Semicontek.com Credit by donating to charity organization, convert credit to Advertiser's Account Balance or request payment.
       5. Semicontek.com Credit shall immediately be deducted from the Member's account upon the valid redemption submitted by Members.
    2. Contribution to Charity/Non Profit Organization.
       1. Members may contribute some or all of its Credit to his/her Charity/Non Profit Organization of choice by using the Donation Center. Such contribution will reduce member's account balance.
       2. Members may also suggest Charity/Non Profit Organization in the Donation Center. Semicontek reserves the right in its sole discretion to approve or deny any suggested Organization.
    3. Convert Credit to your Advertiser Account Balance.
       1. Member who has an active Advertiser Account may convert their Credit to their Advertiser Account Balance from the Redeem Section.
       2. Member who wishes to advertise may activate an Advertiser Account and convert their Credit to their Advertiser Account Balance from the Redeem Section.
    4. Requesting Payment
       1. You may request payment out of your Account only as permitted by these Terms of Services. Redeeming payment and receipt of any payment by you is contingent upon your: (1) full compliance with these Terms of Services generally; and (2) compliance with the specific rules or terms then in effect for the particular redemption.
       2. You can request payment of the Credit in your Account Balance, subject to the remainder of these Terms of Services, by logging into your account, clicking the "Redeem" Section and clicking the “Request Payment” link. As noted above, you may not request payment and the Credit in your Account has no actual cash value until you have accrued at least the Minimum Payment Amount. A description of each payment request method will be displayed, and if the User’s Account balance is sufficient enough, a link to request that method of payment will also be displayed. Currently, the Minimum Payment Amount required to request a Check payment is $10.00; however, this amount may change. Users may have only one pending payment request at a time.
       3. Payments are disbursed as set forth in Section 19 below. If your account balance is less than $10 (or the minimum payout you selected), earnings will carry forward until such month as you have met the minimum check requirement.
       4. NO REDEMPTION OF ACCOUNT BALANCE UNTIL YOU HAVE ACCRUED AT LEAST TEN DOLLARS IN YOUR ACCOUNT ($10.00) (THE “MINIMUM PAYMENT AMOUNT”). YOU HAVE NO RIGHT TO REDEEM THE “CREDIT” IN YOUR ACCOUNT, AND WE HAVE NO LIABILITY OR OBLIGATION TO PAY YOU WHATSOEVER, UNLESS AND UNTIL YOU HAVE ACCRUED AT LEAST THE MINIMUM PAYMENT AMOUNT IN YOUR ACCOUNT. UNLESS AND UNTIL YOU HAVE ACCRUED THE MINIMUM PAYMENT AMOUNT, SUCH “CREDIT” IS DEEMED A CONTINGENT LIABILITY THAT IS ENTIRELY CONTINGENT UPON: (1) YOUR ACCRUAL OF AT LEAST THE MINIMUM PAYMENT AMOUNT IN YOUR ACCOUNT, AND (2) YOUR FULL COMPLIANCE WITH THESE TERMS OF SERVICES.
       5. UNLESS AND UNTIL YOUR ACCOUNT BALANCE REACHES THE MINIMUM PAYMENT AMOUNT, THE “CREDIT” IN YOUR ACCOUNT HAS NO VALUE. FOR EXAMPLE, IF YOU OPEN AN ACCOUNT WITH AN INITIAL BALANCE OF TWO DOLLARS ($2.00), AND THEN ACCRUE ANOTHER FOUR DOLLARS ($4.00) IN CREDIT IN YOUR ACCOUNT, FOR A TOTAL OF $6.00, YOU ARE NOT ELIGIBLE TO RECEIVE ANY PAYMENT, AND WE ARE NOT LIABLE TO YOU FOR ANY AMOUNT. IN THIS EXAMPLE YOU WOULD HAVE TO EARN YET ANOTHER FOUR DOLLARS ($4.00), FOR A TOTAL OF TEN DOLLARS ($10.00) ACCRUED BALANCE, BEFORE YOU WOULD BE ENTITLED TO ANY PAYMENT.
    5. Delivery Location
       1. Users are responsible for selecting a secure and reliable mail delivery address for their payments or rewards and other communications. We are not responsible for any stolen or lost checks or rewards and will not replace checks allegedly cashed improperly by third parties so long as such check was sent to the mailing address as indicated in your Account information at the time such check was sent. If your household mail box is not secure we recommend you obtain a secure post office box.


12. Payment Schedule
    1. All eligible payment will be disbursed by regular check via mail or by other methods which include by not limited to disbursement by electronic payment processor.
    2. Any payouts due you will not be deemed “owed” until you reach the necessary payout levels.
    3. After requesting payment, Users can view their scheduled payment processing date by logging into the Member’s Section and clicking the “History” link.
    4. All payments are inspected immediately prior to processing. Payment requests belonging to Users who have their Account closed or who have duplicate Accounts will not be processed and will be removed, and corresponding Credit in the Account Balance will be forfeited.
    5. Payments disbursed by check will be mailed to the postal address on your profile on or before the 15th day of each month for earnings of the prior month provided that your account balance has reached the minimum payout level of $10 (payout level is the amount of the accrued account balance after any processing fee). If your account balance is less than $10 (or the minimum payout you selected), earnings will carry forward until such month as you have met the minimum payout requirement.
    6. User's first payment will be disbursed by regular check. Should user be verified by disbursement of check, user may select other methods of disbursement for future payment.
    7. Payments disbursed by electronic payment processor will be processed within 3 to 7 business days.
    8. Semicontek reserves the right to change the payment method and schedule at any time without prior notice.


13. Tax Matters
    1. You are responsible for any and all tax liability arising from or associated with your use of this Website, including liability arising from your accrual of Credit in your Account Balance or your redemption of Credit for other items. We will require you to provide necessary tax information about yourself prior to receiving payment when requesting payment greater than $300 at one time or cumulatively during a calendar year.


14. Independent Contractor
    1. Members and Semicontek.com are independent contractors as to one another. Members are not Semicontek.com’s agent or employee for any purpose and shall not hold yourself out as Semicontek.com’s agent or employee.


15. Proprietary Rights to Content
    1. User agrees that title, ownership rights and other intellectual property and proprietary rights in Semicontek.com shall remain in Semicontek and/or its licensors and suppliers.
    2. User acknowledges that the content of this Website and Semicontek.com - including but not limited to text, sound, photographs, graphics, software or other material contained in either Semicontek, Sponsors, advertisements, offers, electronic mail communications, services or software is copyrighted by Semicontek and/or its licensors and suppliers under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Semicontek or its licensors and suppliers. Such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Semicontek and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by Semicontek or its Sponsors may be downloaded onto a single computer for User's personal, noncommercial use. User must abide by all copyright notices, information, or restrictions contained in or attached to any such content.
    3. User may use Semicontek's or Sponsors' content, service or software only as expressly authorized by Semicontek or the Sponsors.
    4. User acknowledges and agrees that Semicontek.com and any necessary software provided by Semicontek or its Sponsors or other third-party Sponsors and used in connection with Semicontek.com ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Semicontek grants User a personal, nontransferable and nonexclusive right and license to use the object code of any such Software on a single computer and solely in connection with User's use of this Website and Semicontek.com; provided that User does not (and does not allow any third party to) otherwise copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sublicense, grant a security interest in, or otherwise transfer any right in any such Software. User agrees not to modify any such Software in any manner or form, or to use modified versions of any such Software, including (without limitation) for the purpose of obtaining unauthorized access to Semicontek.com. User agrees not to access Semicontek.com by any means other than through the interface that is provided by Semicontek for such use.
    5. If, at Semicontek.com's request, a User sends content (e.g., postings to chat boards or contests) or User sends Semicontek.com creative suggestions, ideas, notes, drawings or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Semicontek and shall be controlled by the same ownership obligations set forth in Section 22.a.-d.above.


16. Termination
    1. This Terms of Service, and your account, may be terminated as follows
       1. By User. User may close account in Semicontek.com with or without cause at any time. User's closing of Semicontek.com account is effective upon User completing the User close account form in “Close My Account” page within the Semicontek.com website.
       2. By Semicontek. Semicontek may terminate this Terms of Service, User's password, account or use of Semicontek.com, and remove and discard any User content in its sole discretion, effective immediately and without prior notice, for any reason, including, without limitation, failure to provide accurate Registration Data, lack of use, or if Semicontek believes that User has violated or acted inconsistently with the letter or spirit of this Terms of Service.
    2. Effect of Termination. Upon termination by either User or Semicontek:
       1. Semicontek may immediately deactivate or delete User's account and all related information and files and/or bar any further access to such files or Semicontek.com.
       2. User's right to use Semicontek.com ceases immediately.
       3. Users shall forfeit any unredeemed Credit from Semicontek.com Account Balance upon termination.
       4. Should User object to any of the terms or conditions of this Terms of Service or any subsequent modifications thereto or become dissatisfied with Semicontek.com, User's only recourse is to:
          1. Immediately discontinue use of Semicontek.com, and
          2. Properly close Account in Semicontek.com.
       5. User agrees that Semicontek shall not be liable to User or to any third party for any termination of User's account or User's access to Semicontek.com.


17. Website and Program Termination
    1. Semicontek reserves the right to discontinue or terminate all or any part of this Website or the Account program at any time. In the event Semicontek terminate in its entirety the Account program, Users will have thirty (30) days in which to redeem any Credit from their Account Balance which they are entitled to redeem under these Terms of Services.


18. Privacy Policy
    1. Click here to review Semicontek.com's Privacy Policy.


19. Security
    1. Semicontek.com uses a variety of security measures to protect the integrity of this Website, as well as Account and individual information. However, we can not and do not guarantee absolute security, and we are not responsible for any illegal acts of third parties including hacking or similar activities.


20. Modifications to Terms & Conditions
    1. Semicontek reserves the right to modify Semicontek.com, this Terms of Service and/or Privacy Policy at any time without prior notice. It is a User's responsibility to review from time to time and stay familiar with this Terms of Service and Privacy Policy. While Semicontek reserves this right, Semicontek will attempt to notify User of any such changes to the Privacy Policy and material changes to the Terms of Service via e-mail and/or by posting such changes on the Semicontek.com Website.
    2. Semicontek may discontinue, add to or revise any or all aspects of Semicontek.com in its sole discretion and without notice, including Semicontek.com Account Balances, access to any support services, publications and other products or services ancillary to Semicontek.com.
    3. If User objects to any changes, User's sole recourse shall be to cease using Semicontek.com. User's continuing use of Semicontek.com after notification of any such change(s) constitutes conclusive evidence of User's acknowledgement of the modification to this Terms of Service and User's agreement to be bound by such change(s).
    4. Any new or additional features of Semicontek.com shall be subject to this Terms of Service.


21. Contact Us
    1. Our contact information is: Semicontek LLC, 15 Gennessee St Suite D, San Francisco, CA 94112, USA.
    2. Please contact us immediately if you believe any information or item on this Website violates any copyright or other right of any third party.


22. Disclaimer of Warranties
    1. User agrees that use of Semicontek.com and any part of this Website is solely at the risk of the User.
    2. Semicontek.com and all services offered therein are provided on a strictly "AS IS" and "AS AVAILABLE" basis, without representation or warranty (including any implied warranties) of any kind.
    3. Neither Semicontek nor its Sponsors makes any warranty:
       1. That Semicontek.com will meet User's requirements.
       2. That Semicontek.com will be uninterrupted, timely, free of errors or without defects.
       3. As to the results a User may obtain by using Semicontek.com.
       4. As to the accuracy, completeness, currency or reliability of any information obtained via Semicontek.com including but not limited to the offers provided by Sponsors.
    4. SEMICONTEK EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, OTHER THAN AS OTHERWISE SET FORTH IN THIS TERMS OF SERVICE, REGARDING Semicontek.COM, INFORMATION, SERVICES OR GOODS PROVIDED BY OR THROUGH Semicontek.COM (OTHER THAN THOSE INCAPABLE OF EXCLUSION UNDER THE LAWS APPLICABLE TO THIS TERMS OF SERVICE), INCLUDING, BUT NOT LIMITED TO:
       1. THE IMPLIED WARRANTY OF MERCHANTABILITY;
       2. THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR USER OR PURPOSE; AND
       3. NON-INFRINGEMENT.
    5. Semicontek makes no warranty with regard to any products, services, or gifts obtained by Users through Semicontek.com' Sponsors. Semicontek cannot and shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by Sponsors, manufacturers of merchandise or suppliers of services. However, the third party manufacturer or supplier of these Product(s) may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims.
    6. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE OR FROM LINKED WEBSITES IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS.
    7. YOU AGREE THAT SEMICONTEK SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA RELATED TO YOUR USE OF THE WEBSITE. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY DAMAGE OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE WEBSITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.
    8. No advice or information, whether oral or written, obtained by a User from Semicontek or via Semicontek.com shall create any warranty not expressly made herein.


23. Limitation of Liability
    1. User understands that Semicontek and/or Sponsors may place restrictions on the use of goods and services offered through Semicontek.com.
    2. User understands that all goods and services offered by Sponsors through Semicontek.com are offered by third parties, and that Semicontek does not operate, control or endorse any information, goods or services of its Sponsors in any way.
    3. ANY LIABILITY THAT MAY ARISE FROM A PRODUCT(S) OR SERVICE(S) SHALL BE LIMITED TO THE PRICE PAID FOR SUCH PRODUCT(S) OR SERVICE(S), NOT TO EXCEED U.S. $ 100.00.
    4. YOU AGREE THAT NEITHER SEMICONTEK, NOR ANY PERSON OR COMPANY ASSOCIATED WITH SEMICONTEK, NOR ITS OFFICERS, DIRECTORS, STOCKHOLDERS, SUBSIDIARIES, EMPLOYEES, AGENTS, VENDORS, LICENSORS, AFFILIATES OR OTHER THIRD-PARTY PROVIDERS (COLLECTIVELY, THE “COVERED ENTITIES”) SHALL BE HELD LIABLE FOR ANY DAMAGES OR LOSSES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM:
       1. The use or inability to use Semicontek.com or the materials on this website;
       2. The cost of procurement of substitute goods or services;
       3. Any transaction entered into or through Semicontek.com;
       4. The reliance on or use of any information, goods, services or merchandise provided on Semicontek.com;
       5. Unauthorized access to or alteration of User's transmissions or data;
       6. Statements or conduct of any third party;
       7. Any claim attributable to errors, omissions or other inaccuracies in Semicontek.com and/or materials or information retrieved through Semicontek.com; or
       8. Any other matter relating to Semicontek.com or this Terms of Service;
       9. The purchase of Product(s) or Service(s) through Semicontek.com.
    5. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
    6. THE TOTAL LIABILITY OF COVERED ENTITIES FOR LOSSES, DAMAGES, OR CLAIMS OF ANY KIND SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE COVERED ENTITIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF THE COVERED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    7. The above limitation is applicable even if Semicontek or its authorized representatives have been advised of (or know or should have known of) the possibility of such damages.
    8. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations and disclaimers may not apply to User. User's rights vary from jurisdiction to jurisdiction. To the extent that Semicontek may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.
    9. User acknowledges and agrees that Semicontek neither endorses the contents of any electronic mail, Internet communications, physical mail or other communications in any media nor shall Semicontek be held responsible or liable for:
       1. The accuracy of material contained in electronic mail, Internet, or other communications.
       2. Any infringement of third-party intellectual property rights arising from the electronic mail, Internet, or other communications.
       3. Any fraud or other crime facilitated by the electronic mail, Internet, or other communications.
    10. User agrees that Semicontek is not liable to User or to any third party for any modification, suspension or discontinuance of any part or all of Semicontek.com, including changes or discontinuances of service from particular providers to Semicontek.com, which may affect the amount of the Semicontek.com Credit offered or the accrual of Semicontek.com Balances.
    11. You will not have the power or authority to, and agree that you will not, obligate or attempt to obligate Semicontek.com in any manner whatsoever.
    12. Semicontek.com is void where prohibited by law.


24. Laws
    1. The Terms of Service shall be governed by and construed according to the laws of the state of California as applied to agreements made, entered into and performed entirely in California, notwithstanding the actual residence of the parties.
    2. The Terms of Service constitutes the complete, final and exclusive understanding between Semicontek and User relating to the subject matter hereof and governs User's use of Semicontek.com, superseding all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
    3. User may be subject to additional Terms of Services that may apply when User obtains or uses third-party content, third-party software or goods and services provided by or through Sponsors or other third parties.
    4. If any provision(s) of the Terms of Service is (are) held by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect.
    5. Semicontek's failure to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Semicontek in writing.
    6. User agrees that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of Semicontek.com or this Terms of Service must be filed within one (1) year after the claim or cause of action arose or be forever barred.
    7. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Terms of Service.
    8. Semicontek may assign its rights and delegate its duties under this Terms of Service to any party at any time without notice to User.
    9. All headings in this Terms of Service are for convenience only and have no legal effect.
    10. Any dispute arising under or in respect of this Terms of Service shall be resolved through binding arbitration in San Francisco, California, in front of a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association.


25. Links
    1. The provision by Semicontek of a link to any other Website or Internet location is for User's convenience only and does not signify Semicontek's endorsement of such other site or location or its contents. While Semicontek.com endeavors to provide links only to those sites that are reputable and safe, Semicontek.com and/or Semicontek shall not be held responsible for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. Any links to other sites are provided merely as a convenience to the users of this Website and any inclusion of such links and frames in this Website does not imply an endorsement of the linked or framed sites or their content.


26. Indemnification
    1. User agrees to indemnify and hold harmless Semicontek and its subsidiaries, affiliates and their respective officers, directors, employees, agents, vendors, licensors, suppliers, co-branders, third-party providers or other Sponsors, from and against any and all claims, losses, costs (including court costs), fees (including attorney's fees), damages and expenses that such parties may incur as a result of, due to, or arising out of the violation by User (or anyone acting under User's account or password) of this Terms of Service or the use or misuse of Semicontek.com by User (or anyone acting under User's account or password), or the violation of any rights of another by User (or anyone acting under User's account or password). This paragraph survives expiration or termination of your membership or these Terms of Service.


27. Limitation on Claims
    1. You agree that in the event you have or may have any alleged claim against Semicontek.com or any Covered Entity, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, attorney fees in relation to any claim you have or may have against Semicontek.com or any Covered Entity.


28. Use and Storage
    1. User acknowledges that Semicontek may establish general practices and limits concerning use of Semicontek.com, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by Semicontek.com, the maximum disk space that will be allotted on Semicontek's servers on User's behalf, and the maximum number of times (and the maximum duration for which) User may access Semicontek.com in a given period of time.
    2. User acknowledges that Semicontek reserves the right to terminate accounts that are inactive for an extended period of time, as determined by Semicontek in our sole discretion. User further acknowledges that Semicontek reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
    3. User agrees that Semicontek has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through Semicontek.com.


29. Survival
    1. The provisions of Sections 3b (Semicontek's Password & Account Access Rights & Responsibilities), 5 (User Conduct), 15 (Proprietary Rights to Content) and 17 through 29 shall survive any termination of this Terms of Service.


30. Other
    1. Failure of Semicontek to insist upon strict performance of any provisions of this Terms of Service shall not be deemed a waiver of its right and remedies. If any provision of this Terms of Service is deemed by a court to be unenforceable, the remainder shall remain in full force and effect.