Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using the Seen mobile application (the “Service”“) operated by Get Seen Inc (“Seen”, “us”, “we”, or “our”). These Terms include a provision for dispute resolution, requiring that both you and Seen agree to resolve disputes through mandatory arbitration, and that we both waive any right to participate in a class action lawsuit or classwide arbitration. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and to be bound by them. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service. We may amend the Terms from time to time, and if we have an email address for you, we will send you an email advising you of any material changes to the Terms. Continued use of the Service constitutes acceptance of any amendments to the Terms. This Service is available only to those individuals who are the age of majority in the irrelevant jurisdiction.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
The Service provides functionality that allows you to invite your friends to download the Seen mobile application. In order to do so, you must affirmatively select the friends you would like to invite to join the Seen community. You must provide the telephone number associated with your friends’ wireless devices in order to invite them to join Seen. You can either manually provide the number during the invitation process or select from your contacts the individuals you would like to invite. There is a standard, non-commercial text message that the people you invite will receive with an active link that when selected will allow those people to download the free Seen mobile application. You can also customize the invitational text but an active link will be included in your message to ease the download of the free Seen mobile application. You acknowledge that you understand that when you send invitational text messages to the people you invite to join the Service you are considered the sender of the text message under relevant law. You represent and warrant that each person you invite has consented to receive text messages from you including the invitational text message you elect to send inviting your friends to download the seen mobile application.
The informational text messages that we cause to be sent will include instructions on how recipients can stop receiving such text messages from Seen. By signing up to use the service, you agree to receive text messages from Seen and you represent and warrant that each person you send messages to has consented to receive text messages from us.
There are no fees charged by us to use the Service. However, text messages sent and received by you, or by us on behalf of you, may be subject to standard text messaging rates if you or the recipient does not have a plan allowing for unlimited text messages from your mobile wireless carrier. Such fees could apply both to sending and receiving text messages. Please contact your underlying carrier to determine whether there are fees associated with text messages as part of your plan and for information as to the cost for such text messages if you have any questions.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). Content may also be shared through the Service’s feature that permits private messaging and group chats. You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or entity. We reserve the right to suspend and/or terminate the account of anyone found to be infringing on a copyright, trademark, right to privacy or publicity, or any other right. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. Seen has the right but not the obligation to monitor, edit or delete all Content provided by users at any time. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you use the Service, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by text message, e-mail or by push notifications through the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
When you create an account with us, you represent, warrant and covenant that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate suspension or termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene in our sole discretion.
The Seen Privacy Policy is incorporated and made part of these Terms. You hereby agree to such Privacy Policy. Any personal data(for example, your name, telephone number or email address) or any other information that you voluntarily share with the Service, like your friend’s name, email address and telephone number, that you transmit to the Service by electronic mail or otherwise will be used by Seen in accordance with the Privacy Policy. Any other communication or material you transmit to theService, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.
The following are our property: Seen, and our company logo. These marks may not be used without our consent on any product or service, except our own.
Copyright 2023 Get Seen Inc
All content included on the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (but excluding Content provided by users), is the property of Seen or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Service is the exclusive property of Seen and protected by United States and international copyright laws. All software used on the Service is the property of Seen or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Service.
Seen respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at team@getseen.video.
DMCA NOTIFICATIONS
Since we respect content owner rights, it is the Seen policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify the copyright agent team@seen.video in accord with the DMCA.
For your complaint to be valid under the DMCA, you must provide the following information in writing:
I. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
II. Identification of the copyrighted work that you claim has been infringed;
III. Identification of the material that is claimed to be infringing and where it is located on the service;
IV. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
V. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
VI. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to team@seen.video.
Under federal law, if you knowingly misrepresent that online materials infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed on the Service. The preceding requirements are intended to comply with rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, the Service has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. The Service may also at its sole discretion may limit access to the service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Software and other materials downloaded or otherwise made available from the Service may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Service may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. Seen does not authorize the use, downloading or exportation of any software or technical data from the Service to any jurisdiction prohibited by the United States Export Control Laws.
Our Service may contain links to third party websites or services that are not owned or controlled by Seen. Seen has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Seen shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit. Seen does not endorse the content, or any products or services available, on such sites. Nonetheless, Seen seeks to protect the integrity of the Service and the links placed upon it and therefore requests any feedback on not only the Service, but for sites it links to as well (including if a specific link does not work).
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including, but not limited to, a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Seen, its related entities and subsidiaries, and its licensee and licensors, and their employees, contractors, agents, officers and directors (collectively the “Indemnified Parties”), from and against any and all actions, claims, damages, deficiencies, judgments, obligations, losses, liabilities, settlements, interest, awards, penalties, fines, costs or debt, or expenses of whatever kind (including, but not limited to, attorneys’ fees), incurred by the Indemnified Parties related to or arising out of any third party claim, whether brought by private civil litigants, federal or state officials or agencies or other governmental officials, based upon or related to: a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service, including but not limited to claims alleging violation of: (i) the Telephone Consumer Protection Act; (ii) federal telemarketing laws and regulations; (iii) state telemarketing laws and regulations; or (iv) other federal, state or international laws governing text messages or email or transmitting communications to particular kinds of subscribers or devices.
In no event shall seen, nor its directors, employees, partners, agents,suppliers, or affiliates (collectively, the “Seen Parties”), be liable for any indirect, incidental, special, consequential or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service;(iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. IUn no event will the collective liability of the Seen parties arising out of or relating to this agreement (regardless of the form of action, whether in contract, tort, or otherwise) exceed fifty U.S. dollars ($50). to the extent that in any relevant jurisdiction any of the above disclaimers or limitations of liability are not permitted, you acknowledge and agree that any liability (and damages) assessed to us will be limited to the lowest amount and scope legally permissible in the relevant jurisdiction.
Your use of the service is at your own discretion and at your sole risk and you will be solely responsible or liable for any loss of data, damage or harm to any of your devices used to use or access the service. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of any right, rule regulation or law, or any warranty arising by usage of trade, course of dealing or course of performance. Seen, its subsidiaries, affiliates, and its licensors do not warrant that a)the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. In addition, data or content stored using the service may be lost, damaged or otherwise unrecoverable.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
(A) Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration along with sufficient information and documents describing and substantiating the controversy or claim. Seen will provide such notice by e-mail to your e-mail address on file with Seen you must provide such notice by e-mail to team@seen.video. During such 60-day notice period, the parties will work to settle amicably by mutual discussion. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. This provision is a precondition to any arbitration demand—you or we must certify compliance when filing any arbitration demand. AAA is not permitted to accept any arbitration demand without this certification.
(B) Except that either party may file a complaint in small claims court consistent with the jurisdictional limits that apply, any controversy or claim between the parties or arising out of these Terms or any use of the Service shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Consumer Arbitration Rules of the American Arbitration Association (the “AAA”). For more information including how you can file for arbitration, visit www.adr.org/. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications or, at your election, arbitration can be decided on a documents-only basis. If the arbitrator requires in-person hearings, the hearings shall be held in New York, New York or within the state and county where you reside. Except for demands that are dismissed summarily, where the pre-dispute process described in (A) above has not been followed, or where a demand is determined by the arbitrator to be frivolous or brought in bad faith, we agree to pay your filing fees in connection with arbitration. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.
(C) Waiver of jury trial and class actions by entering into these terms, you and seen acknowledge and agree to waive certain rights to litigate disputes in court, to receive a jury trial or to participate as a plaintiff or as a class member in any claim on a class or consolidated basis or in a representative capacity. You and Seen both agree that any arbitration will be conducted on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding or on a consolidated basis and you expressly waive your right to bring a class action suit and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. the arbitrator may award public injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
(D) If for any reason the arbitration clause set forth in these terms is deemed inapplicable or invalid, or to the extent the arbitration clause allows for litigation of disputes in court, you and seen both waive, to the fullest extent allowed by law, any right to pursue or to participate as a plaintiff or as a class member in any claim on a class or consolidated basis or in a representative capacity.
The Dispute Resolution terms in Section 20 survive termination of your use of the Service, the Terms themselves and the fulfillment of all our and your obligations under these Terms.
These Terms shall be governed and construed in accordance with the Federal Arbitration Act and interpreting case law. Where state law applies, the laws of New York, United States, will apply without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
If any provision of these Terms, or any part of such provision, is found to be unenforceable or invalid, that provision will be (to the minimum extent necessary) replaced by a valid and enforceable provision the effect of which comes as close as possible to the intended economic effect of the unenforceable or invalid provision, so that these Terms will otherwise remain in full force and effect and enforceable, provided however that the provision in Section 20(c) shall take precedence over this provision when interpreting Section 20.
If you have any questions about these Terms, please contact us at team@seen.video.