Welcome to Sedaa!
1. Your relationship with Sedaa
1.1 Your use of Sedaa's products, software, services and web sites (referred
to collectively as the "Services" in this document and excluding any services
provided to you by Sedaa under a separate written agreement) is subject to the
terms of a legal agreement between you and Sedaa. "Sedaa" means Sedaa Inc.,
whose principal place of business is at 1232 Monticello Rd., Lafayette, CA,
94594, United States. This document explains how the agreement is made up, and
sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Sedaa, your agreement with Sedaa
will always include, at a minimum, the terms and conditions set out in this
document. These are referred to below as the "Universal Terms."
1.3 Your agreement with Sedaa will also include the terms of any Legal
Notices applicable to the Services, in addition to the Universal Terms. All of
these are referred to below as the "Additional Terms." Where Additional Terms
apply to a Service, these will be accessible for you to read either within, or
through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally
binding agreement between you and Sedaa in relation to your use of the Services.
It is important that you take the time to read them carefully. Collectively,
this legal agreement is referred to below as the "Terms."
1.5 If there is any contradiction between what the Additional Terms say and
what the Universal Terms say, then the Additional Terms shall take precedence in
relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may
not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made
available to you by Sedaa in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and
agree that Sedaa will treat your use of the Services as acceptance of the Terms
from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are
not of legal age to form a binding contract with Sedaa, or (b) you are a person
barred from receiving the Services under the laws of the United States or other
countries including the country in which you are resident or from which you use
the Services.
2.4 Before you continue, you should print off or save a local copy of the
Universal Terms for your records.
3. Language of the Terms
3.1 Where Sedaa has provided you with a translation of the English language
version of the Terms, then you agree that the translation is provided for your
convenience only and that the English language versions of the Terms will govern
your relationship with Sedaa.
3.2 If there is any contradiction between what the English language version
of the Terms says and what a translation says, then the English language version
shall take precedence.
4. Provision of the Services by Sedaa
4.1 Sedaa has subsidiaries and affiliated legal entities around the world
("Subsidiaries and Affiliates"). Sometimes, these companies will be providing
the Services to you on behalf of Sedaa itself. You acknowledge and agree that
Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Sedaa is constantly innovating in order to provide the best possible
experience for its users. You acknowledge and agree that the form and nature of
the Services which Sedaa provides may change from time to time without prior
notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that
Sedaa may stop (permanently or temporarily) providing the Services (or any
features within the Services) to you or to users generally at Sedaa's sole
discretion, without prior notice to you. You may stop using the Services at any
time. You do not need to specifically inform Sedaa when you stop using the
Services.
4.4 You acknowledge and agree that if Sedaa disables access to your account,
you may be prevented from accessing the Services, your account details or any
files or other content which is contained in your account.
4.5 You acknowledge and agree that while Sedaa may not currently have set a
fixed upper limit on the number of transmissions you may send or receive through
the Services or on the amount of storage space used for the provision of any
Service, such fixed upper limits may be set by Sedaa at any time, at Sedaa's
discretion.
5. Provision of Services by Sedaa GBT Members
5.1 - Some members may charge for attendance at their events. Sedaa has no
control over this pricing; fees are set by the members listing the events based
on their own criteria. If you have dispute with a Sedaa GBT member over pricing,
you must negotiate the issue with that person. Events entered into the GBT by
individual members events are managed and organized by members and are outside
Sedaa corporation's area of ownership. When working with third parties via Sedaa's
GBT, Sedaa is not responsible for transactions, processes, relationship or any
other related activity.
5.2 - A VIP member can post an event, sell tickets, and manage
related payments and processes. If you choose to post an event that is of cost
to Sedaa's GBT members, you are responsible for all related member issues as well as
collecting all fees from your attendees. Sedaa's GBT is not responsible for any
transaction taken w/in the members of the community or those members with visitors.
5.3 - If you have a complaint about a community member please work with that
member directly and chose a mediator should you need to. Sedaa's GBT will only
interfere if the complaint involves foul language or/and use of profanities
through our chat, blog, community, or any comment that is captured in some type
or form via our tools.
6. Use of the Services by you
6.1 In order to access certain Services, you may be required to provide
information about yourself (such as identification or contact details) as part
of the registration process for the Service, or as part of your continued use of
the Services. You agree that any registration information you give to Sedaa will
always be accurate, correct and up to date.
6.2 You agree to use the Services only for purposes that are permitted by
(a) the Terms and (b) any applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions (including any laws
regarding the export of data or software to and from the United States or other
relevant countries).
6.3 You agree not to access (or attempt to access) any of the Services by
any means other than through the interface that is provided by Sedaa, unless you
have been specifically allowed to do so in a separate agreement with Sedaa. You
specifically agree not to access (or attempt to access) any of the Services
through any automated means (including use of scripts or web crawlers) and shall
ensure that you comply with the instructions set out in any robots.txt file
present on the Services.
6.4 You agree that you will not engage in any activity that interferes with
or disrupts the Services (or the servers and networks which are connected to the
Services).
6.5 Unless you have been specifically permitted to do so in a separate
agreement with Sedaa, you agree that you will not reproduce, duplicate, copy,
sell, trade or resell the Services for any purpose.
6.6 You agree that you will not utilize the Services in such a way
that may be considered “abuse,” including but
not limited to:
6.6.1. Posting material that is unlawful, libelous, abusive, obscene,
discriminatory or otherwise objectionable;
6.6.2. Delivering material that includes any unsolicited or unauthorized
advertising, promotional materials, “junk mail,” “spam,” “chain letters,”
“pyramid schemes,” or any other form of solicitation, including but not
limited to business development or solicitations of employment that are
contrary to this community's atmosphere of collegiality.
6.6.3. Using any information obtained from Sedaa to harass, abuse or
harm another person; and
6.6.4. Making repeated unwelcome advances toward community members.
6.7 You agree that you are solely responsible for (and that Sedaa has no
responsibility to you or to any third party for) any breach of your obligations
under the Terms and for the consequences (including any loss or damage which
Sedaa may suffer) of any such breach.
7. Your passwords and account security
7.1 You agree and understand that you are responsible for maintaining the
confidentiality of passwords associated with any account you use to access the
Services.
7.2 Accordingly, you agree that you will be solely responsible to Sedaa for
all activities that occur under your account.
7.3 If you become aware of any unauthorized use of your password or of your
account, you agree to notify Sedaa immediately by sending an email to
webmaster@sedaa.net
8. Privacy and your personal information
8.1 For information about Sedaa's data protection practices, please read
Sedaa's privacy policy by visiting http://sedaa.net and clicking on the Privacy
link at the bottom of most pages. This policy explains how Sedaa treats your
personal information, and protects your privacy, when you use the Services.
8.2 You agree to the use of your data in accordance with Sedaa's privacy
policies.
8.3. You agree that Sedaa Corporation may access or disclose your personal
information, including the content of your communications, if Sedaa Corporation
is required to do so in order to comply with any valid legal process or
governmental request.
9. Content in the Services
9.1 You understand that all information (such as data files, written text,
computer software, music, audio files or other sounds, photographs, videos or
other images) which you may have access to as part of, or through your use of,
the Services are the sole responsibility of the person from which such content
originated. All such information is referred to below as the "Content".
9.2 You should be aware that Content presented to you as part of the
Services, including but not limited to advertisements in the Services and
sponsored Content within the Services may be protected by intellectual property
rights which are owned by the sponsors or advertisers who provide that Content
to Sedaa (or by other persons or companies on their behalf). You may not modify,
rent, lease, loan, sell, distribute or create derivative works based on this
Content (either in whole or in part) unless you have been specifically told that
you may do so by Sedaa or by the owners of that Content, in a separate
agreement.
9.3 Sedaa reserves the right (but shall have no obligation) to pre-screen,
review, flag, filter, modify, refuse or remove any or all Content from any
Service.
9.4 You understand that by using the Services you may be exposed to Content
that you may find offensive, indecent or objectionable and that, in this
respect, you use the Services at your own risk.
9.5 You agree that you are solely responsible for (and that Sedaa has no
responsibility to you or to any third party for) any Content that you create,
transmit or display while using the Services and for the consequences of your
actions (including any loss or damage which Sedaa may suffer) by doing so.
10. Proprietary rights
10.1 You acknowledge and agree that Sedaa (or Sedaa's licensors) own all
legal right, title and interest in and to the Services, including any
intellectual property rights which subsist in the Services (whether those rights
happen to be registered or not, and wherever in the world those rights may
exist). You further acknowledge that the Services may contain information which
is designated confidential by Sedaa and that you shall not disclose such
information without Sedaa's prior written consent.
10.2 Unless you have agreed otherwise in writing with Sedaa, nothing in the
Terms gives you a right to use any of Sedaa's trade names, trade marks, service
marks, logos, domain names, and other distinctive brand features.
10.3 If you have been given an explicit right to use any of these brand
features in a separate written agreement with Sedaa, then you agree that your
use of such features shall be in compliance with that agreement, any applicable
provisions of the Terms, and Sedaa's brand feature use guidelines as updated
from time to time. These guidelines can be requested from info@sedaa.net.
10.4 Other than the limited license set forth in Section 11, Sedaa
acknowledges and agrees that it obtains no right, title or interest from you (or
your licensors) under these Terms in or to any Content that you submit, post,
transmit or display on, or through, the Services, including any intellectual
property rights which subsist in that Content (whether those rights happen to be
registered or not, and wherever in the world those rights may exist). Unless you
have agreed otherwise in writing with Sedaa, you agree that you are responsible
for protecting and enforcing those rights and that Sedaa has no obligation to do
so on your behalf.
10.5 You agree that you shall not remove, obscure, or alter any proprietary
rights notices (including copyright and trade mark notices) which may be affixed
to or contained within the Services.
10.6 Unless you have been expressly authorized to do so in writing by Sedaa,
you agree that in using the Services, you will not use any trade mark, service
mark, trade name, logo of any company or organization in a way that is likely or
intended to cause confusion about the owner or authorized user of such marks,
names or logos.
11. License from Sedaa
11.1 Sedaa gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive license to use the software provided to you by Sedaa as part of
the Services as provided to you by Sedaa (referred to as the "Software" below).
This license is for the sole purpose of enabling you to use and enjoy the
benefit of the Services as provided by Sedaa, in the manner permitted by the
Terms.
11.2 You may not (and you may not permit anyone else to) copy, modify,
create a derivative work of, reverse engineer, decompile or otherwise attempt to
extract the source code of the Software or any part thereof, unless this is
expressly permitted or required by law, or unless you have been specifically
told that you may do so by Sedaa, in writing.
11.3 Unless Sedaa has given you specific written permission to do so, you
may not assign (or grant a sub-license of) your rights to use the Software,
grant a security interest in or over your rights to use the Software, or
otherwise transfer any part of your rights to use the Software.
12. Content license from you
12.1 You retain copyright and any other rights you already hold in Content
which you submit, post or display on or through, the Services. By submitting,
posting or displaying the content you give Sedaa a perpetual, irrevocable,
worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify,
translate, publish, publicly perform, publicly display and distribute any
Content which you submit, post or display on or through, the Services. This
license is for the sole purpose of enabling Sedaa to display, distribute and
promote the Services and may be revoked for certain Services as defined in the
Additional Terms of those Services.
12.2 You agree that this license includes a right for Sedaa to make such
Content available to other companies, organizations or individuals with whom
Sedaa has relationships for the provision of syndicated services, and to use
such Content in connection with the provision of those services.
12.3 You understand that Sedaa, in performing the required technical steps
to provide the Services to our users, may (a) transmit or distribute your
Content over various public networks and in various media; and (b) make such
changes to your Content as are necessary to conform and adapt that Content to
the technical requirements of connecting networks, devices, services or media.
You agree that this license shall permit Sedaa to take these actions.
12.4 You confirm and warrant to Sedaa that you have all the rights, power
and authority necessary to grant the above license.
13. Software updates
13.1 The Software which you use may automatically download and install
updates from time to time from Sedaa. These updates are designed to improve,
enhance and further develop the Services and may take the form of bug fixes,
enhanced functions, new software modules and completely new versions. You agree
to receive such updates (and permit Sedaa to deliver these to you) as part of
your use of the Services.
14. Ending your relationship with Sedaa
14.1 The Terms will continue to apply until terminated by either you or
Sedaa as set out below.
14.2 If you want to terminate your legal agreement with Sedaa, you may do so
by (a) notifying Sedaa at any time and (b) closing your accounts for all of the
Services which you use, where Sedaa has made this option available to you. Your
notice should be sent, in writing, to SedaaÕs address which is set out at the
beginning of these Terms.
14.3 Sedaa may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in
manner which clearly shows that you do not intend to, or are unable to comply
with the provisions of the Terms); or
(B) Sedaa is required to do so by law (for example, where the provision
of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Sedaa offered the Services to you has
terminated its relationship with Sedaa or ceased to offer the Services to you;
or
(D) Sedaa is transitioning to no longer providing the Services to users
in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Sedaa is, in Sedaa's
opinion, no longer commercially viable.
14.4 Nothing in this Section shall affect Sedaa's rights regarding provision
of Services under Section 4 of the Terms.
14.5 When these Terms come to an end, all of the legal rights, obligations
and liabilities that you and Sedaa have benefited from, been subject to (or
which have accrued over time whilst the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this cessation, and
the provisions of paragraph 21.7 shall continue to apply to such rights,
obligations and liabilities indefinitely.
15. EXCLUSION OF WARRANTIES
15.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR
LIMIT Sedaa's WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY
EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH
OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE
LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR
LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT
YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
15.3 IN PARTICULAR, Sedaa, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE
SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE
PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
15.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
15.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Sedaa OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS.
15.6 Sedaa FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
16. LIMITATION OF LIABILITY
16.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT Sedaa, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY
DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF
LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT
(WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS
REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT
LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR
EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION
BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE
SERVICES;
(II) ANY CHANGES WHICH Sedaa MAY MAKE TO THE SERVICES, OR FOR ANY
PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY
FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY
CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH
YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE Sedaa WITH ACCURATE ACCOUNT
INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE
AND CONFIDENTIAL;
16.2 THE LIMITATIONS ON Sedaa's LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE
SHALL APPLY WHETHER OR NOT Sedaa HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE
OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
17. Copyright and trade mark policies
17.1 It is Sedaa's policy to respond to notices of alleged copyright
infringement that comply with applicable international intellectual property law
(including, in the United States, the Digital Millennium Copyright Act) and to
terminating the accounts of repeat infringers. Details of Sedaa's policy can be
requested from info@sedaa.net.
18. Advertisements
18.1 Some of the Services are supported by advertising revenue and may
display advertisements and promotions. These advertisements may be targeted to
the content of information stored on the Services, queries made through the
Services or other information.
18.2 The manner, mode and extent of advertising by Sedaa on the Services are
subject to change without specific notice to you.
18.3 In consideration for Sedaa granting you access to and use of the
Services, you agree that Sedaa may place such advertising on the Services.
19. Other content
19.1 The Services may include hyperlinks to other web sites or content or
resources. Sedaa may have no control over any web sites or resources which are
provided by companies or persons other than Sedaa.
19.2 You acknowledge and agree that Sedaa is not responsible for the
availability of any such external sites or resources, and does not endorse any
advertising, products or other materials on or available from such web sites or
resources.
19.3 You acknowledge and agree that Sedaa is not liable for any loss or
damage which may be incurred by you as a result of the availability of those
external sites or resources, or as a result of any reliance placed by you on the
completeness, accuracy or existence of any advertising, products or other
materials on, or available from, such web sites or resources.
20. Changes to the Terms
20.1 Sedaa may make changes to the Universal Terms or Additional Terms from
time to time. When these changes are made, Sedaa will make a new copy of the
Universal Terms available at http://www.sedaa.net and any new Additional Terms will
be made available to you from within, or through, the affected Services.
20.2 You understand and agree that if you use the Services after the date on
which the Universal Terms or Additional Terms have changed, Sedaa will treat
your use as acceptance of the updated Universal Terms or Additional Terms.
21. General legal terms
21.1 Sometimes when you use the Services, you may (as a result of, or
through your use of the Services) use a service or download a piece of software,
or purchase goods, which are provided by another person or company. Your use of
these other services, software or goods may be subject to separate terms between
you and the company or person concerned. If so, the Terms do not affect your
legal relationship with these other companies or individuals.
21.2 The Terms constitute the whole legal agreement between you and Sedaa
and govern your use of the Services (but excluding any services which Sedaa may
provide to you under a separate written agreement), and completely replace any
prior agreements between you and Sedaa in relation to the Services.
21.3 You agree that Sedaa may provide you with notices, including those
regarding changes to the Terms, by email, regular mail, or postings on the
Services.
21.4 You agree that if Sedaa does not exercise or enforce any legal right or
remedy which is contained in the Terms (or which Sedaa has the benefit of under
any applicable law), this will not be taken to be a formal waiver of Sedaa's
rights and that those rights or remedies will still be available to Sedaa.
21.5 If any court of law, having the jurisdiction to decide on this matter,
rules that any provision of these Terms is invalid, then that provision will be
removed from the Terms without affecting the rest of the Terms. The remaining
provisions of the Terms will continue to be valid and enforceable.
21.6 You acknowledge and agree that each member of the group of companies of
which Sedaa is the parent shall be third party beneficiaries to the Terms and
that such other companies shall be entitled to directly enforce, and rely upon,
any provision of the Terms which confers a benefit on (or rights in favor of)
them. Other than this, no other person or company shall be third party
beneficiaries to the Terms.
21.7 The Terms, and your relationship with Sedaa under the Terms, shall be
governed by the laws of the State of California without regard to its conflict
of laws provisions. You and Sedaa agree to submit to the exclusive jurisdiction
of the courts located within the county of Santa Clara, California to resolve
any legal matter arising from the Terms. Notwithstanding this, you agree that
Sedaa shall still be allowed to apply for injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction.
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