Terms Of Services
END USER LICENSE AGREEMENT
Welcome to Seeyah’s Terms and Conditions of Use (these “Terms”).This End User License Agreement (“EULA”) is a legal agreement Yought Inc. located at 269 2e Avenue Verdun, QC H4G 2W4 (“Yought” or “we”) and the individual or entity (“Client” or “you”) that is a party to a Yought Services Agreement.
Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, you are going to be legally bound by these Terms (so probably best to read them first!).
Definitions
“Intellectual Property” shall mean anything protectable by an Intellectual Property Right under applicable law.
“Intellectual Property Right”: means current and future worldwide rights under patent, copyright, trade secret, trademark, or moral rights laws, and other similar rights.
1. SEEYAH RULES
Before you can use the App, you will need to register for an account (“Account”). In order to create an Account you must:
be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country; and
be legally permitted to use the App by the laws of your home country.
You can create an Account via manual registration, or by using your Google login details or Apple login.
Unfortunately, we cannot allow you to use another person’s Account or to share your Account with any other person without permission.
You’ll have great fun on Seeyah, but if you feel the need to leave, you can delete your Account at any time by going to the ‘Settings’ page when you are logged in and clicking on the ‘Delete account’ link. Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to be completely removed from the App. Your profile information will be treated in accordance with our Privacy Policy. If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you.
We use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.
You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.
2. TYPES OF CONTENT
There are three types of content that you will be able to access on the App:
content that you upload and provide (“Your Content”);
content that members provide (“Member Content”); and
content that the Yought Inc. provides (including, without limitation, database(s) and/or software) (“Our Content”).
There is certain content we can’t allow on Seeyah
We want our users to be able express themselves as much as possible and post all sorts of things on Seeyah, but we have to impose restrictions on certain content which:
contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
is obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
is defamatory or libellous;
relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
involves the transmission of “junk” mail or “spam”;
contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Seeyah or otherwise;
itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
shows another person which was created or distributed without that person’s consent;
is harmful to minors; or
impersonates any other person, including falsely stating your name.
Yought Inc. operates a zero-tolerance policy for this kind of content.
Your Content
As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. Sorry that was a bit of a mouthful, but you are what you post!
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
As Seeyah is a public community, Your Content will be visible to other users of the App all around the world instantly - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Seeyah Users). By uploading Your Content on Seeyah, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.
We do not have any obligation to store Your Content - if it’s important, you should make a copy.
Member Content
Other members of Seeyah will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
You do not have any rights in relation to other users’ Member Content, and you may only use other Seeyah users’ personal information to the extent that your use of it matches Seeyah’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.
Our Content
You may be wondering what happens to the rest of the Content on Seeyah. Well, it belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Seeyah, as well as the Seeyah software and database(s), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions:
you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
you shall not use our name in metatags, keywords and/or hidden text;
you shall not create derivative works from Our Content or scrape, disable, decompile, analyse or in any way commercially exploit Our Content, in whole or in part, in any way; and
you shall use Our Content for lawful purposes only.
We reserve all other rights.
No Obligation to Pre-Screen Content.
Since Seeyah is an online community, we generally try to avoid getting in the way and therefore don’t assume any obligation to pre-screen any of Your Content or any Member Content. However, there may be times where we need to step in, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages.
4. Prohibited Conduct
You agree not to engage in any behavior that is illegal, harmful, or disruptive to others. This includes, but is not limited to, harassment, hate speech, and illegal activities. We reserve the right to terminate your account at any time if you violate these rules.
You agree to:
comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
use your real name and real age in creating your Seeyah account and on your profile; and
use the services in a professional manner.
You agree that you will not:
act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
disclose information that you do not have the consent to disclose;
stalk or harass any other user of the App;
create or operate a pyramid scheme, fraud or other similar practice, or;
develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from Seeyah or its services, or otherwise copy profiles and other data from the services.
We don’t like users misbehaving in the Seeyah community. You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. We reserve the right to investigate any possible violations of these Terms, any Seeyah user’s rights, or any third party rights and we may, in our sole discretion, immediately terminate any user’s right to use of the App without prior notice, and/or remove any improper, infringing or otherwise unauthorized Member Content submitted to the App.
We don’t control any of the things our users say or do, so you are solely responsible for your interactions with other users of the App.
YOU UNDERSTAND THAT YOUGHT INC.. DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. YOUGHT INC. ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. YOUGHT INC.. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. YOUGHT INC. RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.
5. Intellectual Property
Except otherwise indicated, all Intellectual Property in and to the Seeyah Software, including any Seeyah logos, trademarks and service marks, are owned and held by Yought Inc. and/or its licensors. We do not grant you any rights, implied or otherwise, to our Intellectual Property. Except as provided herein, you shall not use any portion of the Seeyah Software, or any other Intellectual Property of Yought Inc, on any other application or Web site, in the source code of any other application or Web site, or in any other printed or electronic materials.
Third-party trademarks, trade names, product names and logos (“Third-Party Trademarks”) contained in or used by Yought Inc. are the trademarks of their respective owners, and the use of such Third-Party Trademarks shall insure to the benefit of the trademark owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by Yought Inc. and its licensors with such company, or (ii) an endorsement or approval of such company of Yought Inc. and its licensors and its products or Yought Inc. Software. In the event of any third-party claim that the Yought Inc. Software or your possession and/or use of the Yought Inc. Software infringes that third party’s intellectual rights, Yought Inc. will be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
6. Liability
You understand and agree that we are not responsible for any damages, losses, or injuries that result from using our app. You assume all risks associated with using our app. We make no warranties, express or implied, regarding the accuracy, reliability, or completeness of any content on our app.
7. Termination
You may terminate your account at any time by following the instructions on our app. We reserve the right to terminate your account at any time if you violate these terms of service. Upon termination of your account, we will delete your data as described in our Privacy Policy.
8. Miscellaneous
These terms of service constitute the entire agreement between you and us regarding your use of our app. We may modify these terms of service at any time without notice. Any modifications will be effective immediately upon posting on our app. If any part of these terms of service is deemed invalid or unenforceable, the remaining parts will remain in effect. These terms of service shall be governed by and construed in accordance with the laws of Canada.
If you have any questions or concerns about these terms of service, please contact us at support@seeyah.ca.