SEESONEE INC. is a web service built on the Sharetribe platform. The general terms of Sharetribe below apply also to the use of SEESONEE INC.
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
No guarantees of the functioning of the Sharetribe service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.
By accessing or using the Site, you acknowledge that you have read these Terms and agree to be bound by them. By using the Site, you represent that you are at least 18 years of age or the age of majority in your jurisdiction. By using the Site, you represent that you are legally able to enter into a contract and agree to comply with all applicable laws and regulations.
If you do not agree to the Terms, you should not access or otherwise use the Site.
We may revise these Terms at any time. Any revision of these Terms shall supersede prior agreements or understandings related to accessing or using the Site. You agree that your access or use of the Site following changes to Terms will signify acceptance of the revised terms and conditions. It is your responsibility to review these Terms periodically.
Additional terms and policies
SEESONEE INC. may require you to accept different or additional terms and conditions or policies in connection with other agreements between SEESONEE INC. and you, including but not limited to the rental of a property from us or lease of a property to us. If there is a conflict between these Terms and the terms and conditions of a specific agreement between you and SEESONEE INC. related to access to or use of the Site, the latter take precedence.
Your Limited License to Use the Site
SEESONEE INC. grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Site subject to your compliance with these Terms and subject to the limitations described elsewhere in these Terms.
Links to Third Party Sites
This Site may contain links to websites controlled by parties other than SEESONEE INC. (each a “Third Party Site”). You use any link to a Third Party Site entirely at your own risk.
We provide any link to a Third Party Site only as a convenience. We do not endorse any Third Party Site. We are not responsible for and do not accept any responsibility for the availability, quality, contents, products, services or use of any Third Party Site or any website accessed from a Third Party Site.
You will need to create an account (“User Account”) to access and participate in certain features of the Site. You agree to provide accurate, current and complete information to us when creating a User Account. You agree that we may take steps to verify the accuracy of information you provide. You agree that we may take steps to supplement the information you provide.
You agree that SEESONEE INC. may use contact information provided by you to send you correspondence and to provide you with notices, including but not limited to by phone, text message, email, regular mail or postings on the Site. You represent that you are an authorized user of any device or account associated with such contact information. You represent that you are authorized to approve applicable charges that may arise in connection with our use of the contact information to send correspondence or notices.
You are solely responsible for all activities under your account. You agree to only use your own User Account to access the Site. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. Your User Account is non-transferable except with SEESONEE INC.’s prior written consent and in line with SEESONEE INC.’s other policies and procedures.
You are solely responsible for the security and confidentiality of the password and other information you use to access your User Account, and you agree not to distribute such User Account information. You agree to promptly notify us of any unauthorized use of your User Account, or of any other breach of security that you become aware of involving your User Account.
SEESONEE INC. is not liable for any losses by any party caused by an unauthorized use of your User Account. Notwithstanding the foregoing, you may be liable to SEESONEE INC. or others due to an unauthorized use of your User Account.
User Generated Content
This Site may allow you to communicate, submit, upload, transmit or otherwise make available text, images, audio, video or other content, which may be accessible and viewable by the public or others with access to certain aspects of the Site (“User Content”). Contribution to, access to and use of the User Content is at your own risk.
You agree that you are responsible for User Content you transmit, including its legality, reliability, appropriateness, originality and content. You agree not to transmit User Content that is untrue, unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene or otherwise harmful. You agree not to submit confidential or proprietary information to us through this Site except as may be required in connection with your use of certain features of the Site, including but not limited to submission of a social security number or payment information. All User Content transmitted by you through this Site shall be considered non-confidential subject to these Terms, SEESONEE INC. policies and applicable law.
With respect to User Content, the Site is a passive location for dissemination of information that others may choose to transmit as User Content. We are not responsible for and do not endorse User Content, including but not limited to reviews, opinions or advice. We have no obligation to monitor User Content. Notwithstanding the foregoing, we may at our sole discretion monitor, screen, post, relocate, re-categorize, remove, modify, store or otherwise change User Content at any time and for any reason without prior notice to you.
You represent and warrant that you own all rights, title and interest or possess sufficient license rights in and to User Content contributions as may be necessary to permit the use contemplated under these Terms. SEESONEE INC. is not the publisher or author of User Content. We disclaim all copyright and ownership in User Content and all responsibility for any such works. Notwithstanding the foregoing, you grant us a nonexclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You agree not to use the Site in any manner that violates any applicable local, state, national or international law.
You agree not to use the Site in any way that could violate the privacy and security of other users, or interfere with another’s use and enjoyment of the Site. You agree not to obtain or attempt to obtain unauthorized access to any services, information, accounts, computer systems or networks connected to the Site. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Site or any connected network. You agree not to use any automated system including but not limited to robots, spiders, offline readers or scrapers, to access the Site for any purpose without SEESONEE INC.’s prior written consent. Notwithstanding the foregoing, an operator of a public search engine may use an automated system for the sole purpose of creating publicly available searchable indices of the Site, but not caches or archives of the Site; SEESONEE INC. reserves the right to revoke this exception either generally or in a specific case.
You agree to respect the intellectual property rights of others. This Site is owned by SEESONEE INC.. All right, title and interest in and to the material on this Site, including but not limited to any information, document, logo, graphic, sound or image (the “Materials”). All Materials are owned or licensed either by SEESONEE INC. or our respective third party authors, developers or vendors. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Material without our prior written consent. Any rights not expressly granted to you or disclaimed by us are reserved by SEESONEE INC..
SEESONEE INC. cannot make an absolute guarantee of system security. We implement commercially reasonable procedures to maintain security. You agree to provide us with notice immediately if you have reason to believe our system security has been breached.
You may submit the notice to SEESONEE INC. as follows:
THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW SEESONEE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SEESONEE INC. MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
USING THE SITE AND OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. SEESONEE INC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE OR THE USE OR DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
Limitation of Liability
IN NO EVENT SHALL SEESONEE INC., OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF SEESONEE INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF SEESONEE INC. TO YOU IS THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.
You agree to defend, indemnify and hold harmless SEESONEE INC. from and against any and all claims, liabilities, costs and expenses, including reasonable attorney fees, related to or in connection with (i) your use of the Site; (ii) your violation of these Terms; (iii) your violation of any right of a third party; (iv) your violation of any local, state, national or international law, rule or regulation; (v) any claim or damage that arises as a result of User Content that you provide to SEESONEE INC.; or (vi) any other party’s access and use of the Site with your User Account.
In the event that you have a dispute with one or more users of the Site, you release SEESONEE INC. from claims, demands and damages of every kind and nature arising out of or in any way connected with such dispute.
You are personally liable for any charges incurred through use of your User Account prior to termination.
Mandatory Arbitration; No class action
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO FORM A CLASS ACTION.
You agree to confidential binding arbitration of any dispute between you and SEESONEE INC. related in any way to access or use of this Site except for intellectual property claims brought by either party (which for the purposes of this section does not include privacy and publicity claims) or as otherwise provided herein. You agree to attempt to resolve any dispute related to access to or use of the Site through informal negotiation within sixty (60) days from the date the notice of dispute is sent, after which time, you or we may commence arbitration.
The party giving notice of a dispute shall provide the other party a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. We will send any notice of dispute to you using the contact information you have provided. You agree to send any notice of dispute to info@SEESONEE INC..com.
You agree the dispute shall not be heard as a class action, private attorney general action, or in any other form of proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. The arbitrator may award relief only to the extent required to satisfy your individual claim.
You agree that you are each waiving the right to a trial by jury as to all arbitrable disputes.
Governing law; venue
By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of Ontario, excluding its conflict of law provisions. You agree that any claim or dispute you may have against SEESONEE INC. that is not subject to arbitration must be resolved by a court located in the Province of Ontario except as otherwise agreed by the parties. You hereby waive any and all jurisdictional and venue defenses otherwise available.
No Third Party Beneficiaries
You agree there shall be no third party beneficiaries to the Terms except as expressly provided herein.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and SEESONEE INC.’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not alter the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
You agree not to assign or transfer any of your rights or obligations under these Terms in whole or in part without our prior written consent. You agree any attempted assignment of your rights or obligations under these Terms in violation of the foregoing will be null and void, and of no force or effect. You agree SEESONEE INC. may assign any and all of our rights and obligations under these Terms at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of your and our successors and permitted assigns.
These Terms shall constitute the entire agreement between you and SEESONEE INC. concerning use of the Site except as explicitly provided herein.
BY ACCESSING OR USING THE SITE, YOU CONSENT TO AND AGREE TO BE BOUND BY THE FOREGOING TERMS. YOU AGREE THAT YOUR ACCESS OR USE OF THE SITE FOLLOWING ANY CHANGES TO THE TERMS WILL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS.