User Terms and Conditions
The following terms and conditions (these "Terms of Service"), govern your access to and use of the SeekAudio website, including any content, functionality and services offered on or through www.seekaudio.net (the "Site").
The term "SeekMarket Content" shall refer to any content viewable, accessible, and/or sold on SeekAudio.net, SeekPhoto.net and SeekVideo.net websites.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or any of it's services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Ownership of the Site and its Contents
This Site is owned by SeekMarket. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("SeekMarket Content"), is owned by SeekMarket or its licensors. All elements of the Site, including the SeekMarket Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Your use of the Site does not grant to you any ownership or interest in any content, code, data or materials which are not your own creation and to which you may access on or through the Site, nor does it give you any ownership or interest in any intellectual property rights subsisting any content, code, data or materials you may access on or through the Site.
Use of the Site
This Site and the SeekMarket Content are intended for customers of SeekMarket.
You are specifically prohibited from:
(a) downloading, copying, or re-transmitting any or all of the Site or the SeekMarket Content without, or in violation of, a written license or agreement with SeekMarket;
(b) using any data mining, robots or similar data gathering or extraction methods;
(c) manipulating or otherwise displaying the Site or the SeekMarket Content by using framing or similar navigational technology;
(d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any SeekMarket product or service if you are not expressly authorized by such party to do so;
e) using the Site or the SeekMarket Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Any purchase of license/s to use any SeekMarket Content is bound to the terms on conditions set out by the SeekMarket License Agreement and is subject to all restrictions and disclaimers applicable to such Content in or referred to in the Website pages where the Content is made available. Please refer to the License Agreement for information on rights and restrictions of the license.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, SeekMarket has adopted a policy of terminating, in appropriate circumstances and at SeekMarket' sole discretion, account holders who infringe the intellectual property rights of SeekMarket or any third party.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated agent as set forth below:
Copyright Agent, SeekMarket Legal Department, 1 Penn Plaza, Suite 2527, New York, NY, 10019, USA, E-mail: email@example.com
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.
SeekMarket Trademarks, the SeekMarket logo, and any other product or service name or slogan contained in the Site are trademarks of SeekMarket and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SeekMarket or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "SeekMarket" or any other name, trademark or product or service name of SeekMarket without our prior written permission.
You may not use a SeekMarket logo or other proprietary graphic of SeekMarket to link to this Site without the express written permission of SeekMarket. Further, you may not frame any SeekMarket trademark, logo or other proprietary information, including the SeekMarket Content, without SeekMarket' express written consent.
SeekMarket makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of SeekMarket and SeekMarket is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. SeekMarket provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by SeekMarket of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that SeekMarket shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
You agree to defend, indemnify and hold harmless SeekMarket, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the SeekMarket Content, or your violation of any rights of another.
This site and the SeekMarket content are provided "AS IS" and SeekMarket and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. SeekMarket will not be liable for any damages of any kind arising from the use of this site or the SeekMarket content, or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. the functions embodied on or in the materials of this site are not warranted to be uninterrupted or without error. You, not SeekMarket, assume the entire cost of all necessary servicing, repair or correction due to your use of this site or the SeekMarket content. We make no warranty that the site or the SeekMarket content is free from infection by viruses or anything else that has contaminating or destructive properties. SeekMarket uses reasonable efforts to ensure the accuracy, correctness and reliability of the SeekMarket content, but we make no representations or warranties as to the SeekMarket content's accuracy, correctness or reliability.Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
In no event shall SeekMarket, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, the services, the SeekMarket content or the materials contained in or accessed through the site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from SeekMarket, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to SeekMarket' records, programs or services. In no event shall the aggregate liability of SeekMarket, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site exceed any compensation you pay, if any, to SeekMarket for access to or use of the site.
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the SeekMarket Content shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate SeekMarket's intellectual property rights, SeekMarket may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by SeekMarket. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
SeekMarket reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to SeekMarket at firstname.lastname@example.org
© 2015 SeekMarket, All rights reserved. Terms and Conditions of Use.