PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR MOBILE DEVICE APPLICATION. BY USING OR ACCESSING THIS SITE, USING THE SERVICES THEREIN, OR DOWNLOADING OR USING THE MOBILE DEVICE APPLICATION YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.
Last updated: [04/26/2015]
Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site and/or App and use the Services.
The Site is Not Intended for Minors
The Site is intended to be accessed and used only by adults and is not directed to minors. In order to use the Software, you must be 18 years or older and have the necessary power and authority to enter in this Agreement. If you are under 18 years of age, please leave the Site and/or delete the App immediately and do not send any information about yourself to us or on this Site.
Your Access and Use of the Site, App and/or Services
Your access and use of the Site, App and/or Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site, App or Service or other actions that Seen Stream, in its sole discretion, may elect to take. Seen Stream reserves the right to suspend or discontinue the availability of the Site, App or Service and/or any portion or feature of the Site, App or Service at any time in its sole discretion and without prior notice.
You understand and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Site, App or Services, including without limitation, the Account registered to you, posted User Content (defined below), etc., in the real world without Seen Stream's express written consent.
Additionally, you may not:
Sublicense, lease, loan, or otherwise transfer your Account (defined below) or use the Account, Site, App or Service for commercial purposes, unless you have paid for a Client Account (defined below);
Modify, adapt, reverse engineer or decompile the Site, App or Service software ("Software"), or otherwise attempt to derive source code from any of Seen Stream's products;
Create any copies or derivative works regarding the Site, App, Software or the Service;
Use maillist, listserv, an auto-repsonder or spam on the Site, App, Software or Service or any processes that run or are activated while you are not logged in to your Account, or that otherwise interfere with the proper working of the Site, App, Software or Service;
Record, process or mine information about other users;
Attempt to gain unauthorized access to the Site, App, Service, Accounts, Software, computer systems or networks connected to the Site;
Use the Site, App or Service to violate the security of any computer network, disrupt or interfere with the security of, or otherwise cause harm to the Site, App Software or Service.
Crawl, scrape, index or spider any page or portion of the Site, App, Software or Service; or
Otherwise use the Account, Site, App, Software or the Service except as expressly provided in this Agreement.
To use the App and/or select Services offered under this Agreement, you must register for a user account (an "Account") on the Site. Accounts are available only to adult individuals 18 years of age or older and have the necessary power and authority to enter in this Agreement. By accepting the terms of this Agreement, you represent that you are an adult 18 years of age or older and have the necessary power and authority to enter in this Agreement. Seen Stream offers two types of Accounts, both of which are included in the definition of "Account":
A "User Account" is an Account for individuals who desire to use the Site, App and/or Service for his/her personal use. A User Account allows you to post reviews of select Establishments, view and purchase select products, use the App, as well as other benefits ("User Services"). By accepting the terms of this Agreement you represent that you will not use the User Account for any commercial or other non-personal, entertainment uses. Registration for a User Account is free.
A "Client Account" is an Account for an ("Establishment"). Registration for a Client Account is offered for a Fee (defined below) and pursuant to a Legal Agreement. Having a Client Account makes available additional Services, such as having your Establishment appear on the Site, the ability to post special offers, set up a live stream from your Establishment, as well as other benefits ("Client Services").
Seen Stream may suspend, terminate, modify, or delete an Account at any time for any reason, with or without notice to you. Most Account suspensions, terminations, and/or deletions are the result of violations of this Agreement or are a result of an abandoned Account.
Your Access and Use of Services on the Site
You Must Maintain the Security of Any Access Credentials Issued to You. To use the App and/or select Services offered under this Agreement, you must register for an Account on the Site. If you create an Account on the Site, you will be asked to create a password and given a user name upon completing the registration process ("Access Credentials"). It is your sole responsibility to maintain the security of your Access Credentials. You agree that Seen Stream shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your Access Credentials by a third party. You shall not allow any other person to use any Service or the App via your Access Credentials. You agree to ensure that you exit from your Account at the end of each session
You Must Notify Seen Stream of a Breach. You agree to immediately notify Seen Stream of any unauthorized use of your Access Credentials, any unauthorized use of any Account that you may have with Seen Stream, any violation of this Agreement, or any other breach of security known to you in connection with any product or Service available on the Site or App by sending an email to email@example.com. Seen Stream has the right to suspend or terminate your Account and refuse your use of the App, Software and/or Service for any reason, including for violations of this or any other agreement with Seen Stream.
You Are Responsible for Your Decisions. Seen Stream and its affiliates, through the Site, App and/or Service, may provide a venue through which you can obtain information and you can find third-party service providers ("Service Providers"). Seen Stream does not endorse or recommend the products or services of any Service Provider, and is not an agent or advisor to you or any Service Provider. Seen Stream does not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that Seen Stream shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider's products or services. You acknowledge and agree that you rely on your own judgment in selecting any products or services offered by Service Providers.
No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. Seen Stream does not make any warranties or representations regarding any pricing, quotes, fees, terms, rates, discounts, specials, coverage or services offered or made available through the Site, App or Service or by Service Providers.
Fees and Payments
Access to and use of the Site, App and User Services is free for all users. Client Account holders agree to pay to Seen Stream a reoccurring license fee as identified when you register for a Client Account on the Site ("Fees") in consideration for access to and use of the Client Services. Fees may be imposed or adjusted by Seen Stream in its sole discretion. Client Account holders agree to pay the Fee in advance of receiving any of the Client Services. Client Account holders agree that Seen Stream may automatically charge the Fee at the beginning of each period, for example, at the beginning of each month. If you fail to pay any Fees or other charges, for example, if your method of payment is rejected, Seen Stream may (reserving other legal remedies and rights) terminate this Agreement and your User or Client Account without further notice. All payment of Fees or other charges are final and nonrefundable.
At any time, Seen Stream may choose to charge fees for access to the Site, App and/or various features of the User Services, and Seen Stream will notify you of those charges at the time that Seen Stream offers such the same for a fee. Seen Stream may, in its sole discretion, and by notifying you on the Site or App or through the Services, of such a change to this policy and begin charging for access to the Site, App and/or various features of the User Services, and Seen Stream may, in its sole discretion, add, remove or change the features and Service Seen Stream offers or the fees (including the amount and type of fees) Seen Stream charges at any time. If Seen Stream introduces a new service or charges a new fee, Seen Stream will post a reasonable notification of the fees for that service at the launch of the service or start of charging a new fee. Upon the posting of such a notification, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service.
Financial Transactions on the Account
You acknowledge and agree that Seen Stream is authorized, but not required, to act on payment instructions received from anyone using the Account. You authorize Seen Stream to (a) initiate debits or charges against your financial account or credit card periodically for the amount then due for purchases made and Fees or other charges due (if any); and (b) initiate any other debits or credits authorized by you or anyone using the Account registered to you. All payments must be made in U.S. dollars from a U.S. bank or via alternative payment methods made available by Seen Stream. You acknowledge that transactions may be facilitated by a third party payment processor (the "Processor"), and agree that Seen Stream may share your information, including information about your financial accounts, with the Processor, for this purpose. All amounts paid are final and non-refundable, except where and to the extent required by law. All fees, balances or other charges not paid by you within thirty (30) days from the date of purchase are subject to interest charges. You are responsible for paying all taxes on any purchase, Fees or other charges. If Seen Stream is obligated to collect any taxes, such taxes will be added to your Account.
The Site or App may act as a venue, through blogs, messaging, chat rooms, bulletin boards and other forums (collectively, the "Forums"), allowing the users of the Site and/or App to add User Generated Content (defined below). Seen Stream is not involved in the actual transmission of User Generated Content provided for in the Forums. As a result, Seen Stream does not approve or endorse any User Generated Content in the Forums, and you hereby acknowledge and agree that Seen Stream has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided by you or any other person or entity in the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums. Please do not expose a minor to the User Generated Content. Without limiting the generality of the foregoing, and although Seen Stream does not regularly review User Generated Content provided for in the Forums, Seen Stream reserves the right, but not the obligation, to remove or edit any User Generated Content in the Forums. If you see or hear User Generated Content that you find offensive, harmful, inaccurate or deceptive, you agree that your sole remedy is to stop looking at or listening to the User Generated Content, Site and/or App.
Immediately report problems with the Forums to Seen Stream at firstname.lastname@example.org.
Scene Information and Images
The Site or App may include information, images, and streaming video or audio about Establishments ("Scene Information"). Seen Stream is not involved in the actual creation of the Scene Information, streaming video or audio in particular, and it may include or depict nudity, rude or offensives gestures, rude or offensive conduct, or other items that you do not wish to see or hear. You may find Scene Information to be offensive, harmful, inaccurate or deceptive. Seen Stream does not approve or endorse any Scene Information, and you hereby acknowledge and agree that Seen Stream has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any Scene Information and shall bear no responsibility therefor. Please do not expose a minor to the Scene Information. If you see or hear Scene Information that you find offensive, harmful, inaccurate or deceptive , you agree that your sole remedy is to stop looking at or listening to the Scene Information, Site and/or App.
Transmissions, Submissions and Postings to the Site
You may be able to post user-generated content, such as comments, photos, presentations, articles, profiles (including your name, image, and likeness), messages, notes, text, information, music, live streaming video content and videos ("User Generated Content") in the Site, App, or Service. You will remain the owner of and are solely responsible for the User Generated Content. By posting User Generated Content, you grant Seen Stream an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Generated Content for any purpose, commercial, advertising, or otherwise, on or in connection with Seen Stream, the Site, App, and Service, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Generated Content, and to grant and authorize sublicenses of the foregoing. For example and without limiting the foregoing, by posting comments to any portion of the Site, you grant Seen Stream the right to use, copy, edit, highlight, feature, distribute, and display those comments or any portion thereof in the App or Site and in promotions thereof in any manner and for any purpose. By posting User Generated Content, you represent and warrant that (i) you have the right to post the User Generated Content, (ii) neither Seen Stream's nor any third party's rights, laws, statutes, ordinances or regulations, e.g. COPPA and CalOPPA, will be violated by such posting, (iii) you have the right to grant Seen Stream the rights granted herein, (iv) you are not being compensated for the posting; and (v) the User Generated Content (a) contains no personal information regarding anyone under the age of 18, (b) is not harmful, trade libelous, fraudulent, threatening, abusive, harassing, defamatory, vulgar, pornographic, obscene, explicit or vulgar, libelous, or otherwise injurious, objectionable or offensive or that infringes on Seen Stream's or any third party's rights of publicity or privacy, (c) does not make the security of your Account, the Site, App, Software and/or Service vulnerable in any way, (d) does not contain any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (e) does not contain or constitute chain letters, mass mailings, political campaigning, or any form of "spam," (f) does not contain information that is false, inaccurate or misleading and (g) does not include or constitute commercial advertisements or solicitations unless posted by a Client Account for the Establishment of that Client Account. You acknowledge that Seen Stream and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Generated Content or material that is available through the Site, App, Software and/or Service. You also hereby grant each user of an Account, Site, App, and/or Service a worldwide, non-exclusive, fully paid, royalty free, worldwide license to use, copy, publicly perform, publicly display, host, reformat, edit, translate, excerpt (in whole or in part) any User Generated Content submitted by you during use of the Account, Site, App, and/or Service.
Although Seen Stream does not regularly review transmissions, submissions or postings, Seen Stream reserves the right (but not the obligation) to review, edit, refuse to post or remove User Generated Content.
You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.
You irrevocably waive any and all claims and assertions of moral rights or attribution with respect to your User Generated Content as against Seen Stream.
Seen Stream's Intellectual Property Rights
The content in the Site, App, Software and Service, except Scene Information and User Generated Content to the extent any exists, including without limitation, the trademarks, copyrights, text, software, graphics, scripts, photos, music, videos, and the like ("Content"), is owned by or licensed to Seen Stream and is subject to trademark, copyright and other intellectual property laws of the United States and foreign countries. Content in the Site, App, Software and Service is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Seen Stream, which permission may be withheld in Seen Stream's sole discretion. Seen Stream reserves all rights not expressly granted in and to the Site, App, Software, Service and Content. Seen Stream makes no claim to any third-party names, trademarks or service marks appearing on the Site or App or through the Service. Any third-party names, trademarks, and service marks are property of their respective owners.
You shall be solely responsible for any damage resulting from your infringement of Seen Stream's or any third party's intellectual property rights regarding the Content and/or any other harm incurred by Seen Stream or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
Seen Stream grants you a limited license to access, print, download or otherwise make personal use of the Content; provided, however, that you shall not delete any proprietary notices. You may not modify the Content or utilize it for any commercial purpose or any other public display, distribution, performance, sale, or rental, and may not decompile, reverse engineer, or disassemble the Content, or transfer or distribute the Content to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content as permitted by this Agreement, is permitted by you without the express prior written permission of Seen Stream, which permission may be withheld in Seen Stream's sole discretion.
You may not use any meta tags or any other "hidden text" utilizing Seen Stream's name or trademarks without the express written permission of Seen Stream, which permission may be withheld in Seen Stream's sole discretion.
Access and Interference
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or App or any portion of the Site or App or for any other purpose, without Seen Stream's express written permission which may be withheld in Seen Stream's sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Seen Stream's sole discretion an unreasonable or disproportionately large load on Seen Stream's infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Content (except for your personal information) from the Site, App or Service without the prior written permission of Seen Stream and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site, App, Software or Service or any activities conducted on the Site; or (iv) bypass any robot exclusion headers or other measures Seen Stream may use to prevent or restrict access to the Site, App or Service. Notwithstanding the foregoing, Seen Stream grants the operators of public search engines permission to use spiders to copy materials from the Site, App or Service for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the Site, App or Service, but not caches or archives of such materials. Seen Stream reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from the Site, App or Service. You shall not (i) use any communication systems provided on the Site or App or through the Service (such as Forums or email) for any commercial or solicitation purposes and (ii) solicit for commercial purposes any Users of the Site, App or Service without Seen Stream's express, written permission, which permission may be withheld in Seen Stream's sole discretion.
When you visit the Site or App, use the Service or send email to Seen Stream, you are communicating with Seen Stream electronically. You consent to receive communications from Seen Stream, its affiliates and partners electronically and via any e-mail address you provide to Seen Stream, text message or other similar means or through the Site, App or Service for any purposes. Although Seen Stream may choose to communicate with you by regular mail, Seen Stream may also choose to communicate with you by e-mail or by posting notices on the Site or App or through the Service. You agree that all agreements, notices, disclosures and other communications that Seen Stream provides to you electronically satisfy any legal requirement that such communications be in writing. You also agree to accept such messages and at any applicable network access, data usage or similar fees.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment, software (including a web browser) or services needed to access and use the Site, App and/or Service and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site or App. Seen Stream will endeavor to make the Site, App, and Service accessible on the most common web browsers and the current version of such web browsers and some common devices, but makes no representations or warranties on the same.
Third Party Links
There may be provided on the Site or App or through the Service links to other sites belonging to Seen Stream's advertisers, business partners, affiliates, Service Providers and other third parties. Such links do not constitute an endorsement by Seen Stream of those sites, nor the products or services listed on those sites. Seen Stream is not responsible for the activities or policies of those sites. Seen Stream does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. Seen Stream does not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third party on the Site or App are the best terms or lowest rates available in the market.
If Seen Stream provides aspects of the Site, App or Service via an application for your mobile or other device, please be aware that your carrier's normal rates and fees may apply and that the terms of this Agreement and other agreements within the App apply to your use of such mobile application.
Seen Stream respects the intellectual property rights of others. It is Seen Stream's policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.
When reporting infringing material to Seen Stream ("DMCA Notice") please provide:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Seen Stream to locate the material.
information reasonably sufficient to permit Seen Stream to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a complete DMCA Notice, Seen Stream will
take reasonable steps promptly to notify the Account holder that Seen Stream has removed or disabled access to the allegedly infringing material;
upon receipt of a counter notification described below, promptly provide the person who provided the notification with a copy of the counter notification, and inform that person that Seen Stream will replace the removed material or cease disabling access to it in 10 business days; and
replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Seen Stream's designated agent (identified below) first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the Account holder from engaging in infringing activity relating to the material on Seen Stream Site, App or through the Service.
A counter notification must include:
A physical or electronic signature of the Account holder.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the Account holder has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The Account holder's name, address, and telephone number, and a statement that the Account holder consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Account holder's address is outside of the United States, for any judicial district in which Seen Stream may be found, and that the Account holder will accept service of process from the person who provided notification or an agent of such person.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), our designated agent to receive notices and counter notices of claimed infringement is:
Attention: DMCA Notice
Seen Stream, LLC
3913 W. Prospect Ave, Suite #101
Appleton, WI 54914, USA
Facsimile number of designated agent:
Email address of designated agent: email@example.com
If you wish report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although we reserve the right to remove any infringing material that we believe in good faith to be infringing material that is used without authorization by any Account Holder or other user of the Seen Stream Site, App and/or Services, we do not obligate ourselves to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the Account of any repeat offender.
This Agreement is effective until terminated. You may terminate this Agreement by deactivating your Account, stopping all use of the Site, App and/or Service and providing notice of termination to support@seenstreamS.com. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all Fees, purchases and other payments made in connection with the Site, App, and Service and all Accounts will terminate. Seen Stream may terminate this Agreement with or without notice by deactivating the Account and/or deleting or dissociating any User Generated Content you posted. By way of example only, Seen Stream may deactivate and/or terminate abandoned Accounts or Accounts which appear to be abandoned such as due to non-use for period of time. A termination of this Agreement will also act to terminate your Account. You acknowledge and agree that you are not entitled to any refund for any amounts paid or pre-paid in connection with the Account prior to termination of this Agreement.
Patches and Updates
Seen Stream may apply patches, updates and modifications to its Site, App, and/or Service at any time (each an "Update"), and features may change after the application of an Update. Seen Stream may change, modify, suspend, or discontinue any aspect of any feature or Service at any time. Seen Stream may also impose limits on certain features or restrict your access to parts or all of the Site, App, Software and/or Service without notice or liability. Seen Stream makes no representation that a feature, the Site, App, Software and/or Service will work on a particular web browser, version of a web browser or device.
Seen Stream Makes No Representations or Warranties Regarding the Content
THIS SERVICE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH IT, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DELAYS, ERRORS AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SERVICE, THE SITE, APP, SERVICE, SOFTWARE AND THE INFORMATION RECEIVED THROUGH THEM. FURTHER, SEEN STREAM MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THE SITE, APP OR THE CONTENT, SERVICES OR PRODUCTS CONTAINED THEREIN OR OBTAINED THERE THROUGH.
SEEN STREAM FURTHER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, (1) REGARDING THE QUALITY, VALIDITY, CORRECTNESS, ACCURACY OR COMPLETENESS OF THE CONTENT, SERVICES, PRODUCTS AND MATERIALS ASSOCIATED WITH THE SITE, APP OR SERVICE, (2) THAT THE FUNCTIONS CONTAINED ON THE SERVICE, SITE, AND/OR APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, (3) REGARDING THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE OR APP. SEEN STREAM MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SITE OR APP OR THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. SEEN STREAM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES, OFFERS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE OR APP.
SEEN STREAM MAY MAKE CHANGES TO THE CONTENT OR MATERIALS, OR TO THE PRODUCTS, SERVICES, SPECIFICATIONS OR PRICES DESCRIBED IN THEM, AT ANY TIME WITHOUT NOTICE. THE CONTENT AND MATERIALS MAY BE OUT OF DATE, AND SEEN STREAM MAKES NO COMMITMENT TO UPDATE THE CONTENT OR MATERIALS AT ITS SERVICE, SITE, AND/OR APP OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED AT THE SITE OR IN CONNECTION WITH THE SERVICE AND/OR APP MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE. YOU HEREBY RELEASE SEEN STREAM FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO A DISPUTE BETWEEN YOU AND ANOTHER ACCOUNT HOLDER.
CALIFORNIA RESIDENTS HEREBY SHALL AND DO WAIVE CALIFORNIA CIVIL CODE 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
THE SITE OR APP IS CONTROLLED AND OFFERED BY SEEN STREAM FROM SEEN STREAM'S FACILITIES IN THE UNITED STATES OF AMERICA. SEEN STREAM MAKES NO REPRESENTATIONS THAT THE SITE OR APP IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER JURISDICTIONS. IF YOU ACCESS OR USE THE SITE OR APP FROM OTHER JURISDICTIONS, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Limitations on Seen Stream's Liability
SEEN STREAM SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, SITE, AND/OR APP OR ANY INFORMATION RECEIVED FROM THE SAME, INCLUDING THE CONTENT OR ANY INFORMATION CONTAINED WITHIN OR THROUGH THE SERVICE, SITE, AND/OR APP, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE SITE, APP OR SERVICE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE, APP OR SERVICE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, APP OR SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SEEN STREAM AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. . YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE, SITE, AND/OR APP IS TO TERMINATE YOUR ACCOUNT AND/OR STOP USING THE SITE, SERVICE, APP AND THE INFORMATION OBTAINED THEREIN. NOTWITHSTANDING THE ABOVE, SEEN STREAM'S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT SEEN STREAM SHALL NOT BE LIABLE FOR USER GENERATED CONTENT, SCENE INFORMATION OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT, SCENE INFORMATION AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND SEEN STREAM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, APP OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification & Release of Seen Stream
You shall defend, indemnify and hold harmless Seen Stream and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current Registration Data requested or required by Seen Stream; (iii) your access or use of the Site, App or use of the Service; (iv) access or use of the Site, App or use of the Service under any Access Credentials that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); (vi) your purchase of any products or services through this Site, the App or Service; and/or (vii) any personal injury or property damage caused by you. Upon learning of any claim, action or proceeding, Seen Stream will undertake to promptly notify you. Seen Stream reserves the right to take over the exclusive defense and control of any matter for which you would are required to indemnify Seen Stream and you agree to cooperate with such defense. You agree not to settle any such matter without the prior written consent of Seen Stream.
You release Seen Stream (and its officers, agents, directors, subsidiaries, and employees) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way related with any dispute between you and one or more users.
Amendments of this Agreement
Seen Stream reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon Seen Stream posting the updated Agreement on the Site or App or through the Service. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access or use of the Site, App or Service following the posting of any such changes shall automatically be deemed your acceptance of all changes. If you do not agree to the revised version of this Agreement, you will not be permitted to continue use of your Account or the Site, App and Service. If at any time you become no longer able to comply with the terms of the current version of this Agreement, you must terminate this Agreement and immediately stop using all Accounts as well as the Site, App and Service. You acknowledge and agree that you are not entitled to any refund for any amounts paid or pre-paid in connection with the Account prior to termination of this Agreement.
Seen Stream's Remedies
You acknowledge that Seen Stream may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Seen Stream shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach may be brought where you reside or in the courts of Calumet County, Wisconsin, or the United States District Court, Eastern District of Wisconsin. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You agree that: (i) the Site, App and Service shall be deemed solely based in the State of Wisconsin; and (ii) the Site shall be deemed a passive site and the App a passive application that does not give rise to personal jurisdiction over Seen Stream, its affiliates and assigns, either specific or general, in jurisdictions other than the State of Wisconsin. This Agreement and the relationship between you and Seen Stream is to be governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be brought in the courts of Calumet County, Wisconsin, or the United States District Court, Eastern District of Wisconsin and you agree to the exclusive jurisdiction and forum of the same. Seen Stream's failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement that by their nature should survive, as may be amended by Seen Stream from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or the Site, App or Service, please contact Seen Stream via any of the methods set forth below:
Via mail: Attn: Policy Dep.
Seen Stream, LLC
3913 W. Prospect Ave, Suite #101
Appleton, WI 54914, USA
Via email: firstname.lastname@example.org