Terms of Service
Terms of Service
Effective Date: October 18, 2024
This Terms of Service Agreement (the "Agreement") controls your access and use of Seeya Live (collectively, the "Services") made available to you (the "Member" or "you") by Seeya Live operation team ("Company"). By downloading or using Seeya Live you agree to this Agreement, our Privacy Policy, and our Content and Conduct Policy. The Privacy Policy and the Content and Conduct Policy are each part of this Agreement. ONLY USERS WHO ARE 18 YEARS OF AGE OR OLDER MAY REGISTER FOR THE SERVICES. By accessing the services and/or completing the registration process for one of our Services, you represent that you are 18 years of age or older, and can and will be legally bound by this Agreement. By registering for one of our Services, you represent and warrant that you are not required to register as a sex offender with any government entity. No Member may participate where doing so would be prohibited by any applicable law or regulation. We have created side summaries to help you easily locate specific terms within this Agreement. These summaries are for reference only and in the event that there is a discrepancy between this Agreement and the language of the side summaries, the Agreement will prevail.
Seeya Live does not claim ownership of any Content you post on or through the Services. You are solely responsible for your use of our Services and any information, images and any other content you create through our Services, whether transmitted privately or made publicly available (collectively, "UGC").
You understand and agree to abide by all applicable laws related to your use of our Services and User Content.
You should always ensure that your User Content does not:
A. contain any content, information or material that violates any third party rights, including copyright, trademark or privacy rights;
B. Violation of any applicable law;
C. Contains anything that is offensive, abusive, defamatory, bullying, discriminatory, obscene, violent, pornographic, indecent, promotes violence, terrorism or any other illegal act or is likely to harass, disturb, upset, alarm any person , disgust or anger;
D. Promote or incite anyone to engage in or assist any illegal criminal activities or anti-social behavior in any way;
E. Disclose any person's personal contact information or violate their privacy;
In order to maintain a safe environment for Seeya Live users, we may suspend/permanently ban accounts that violate the Seeya Live terms. Users whose accounts have been terminated may not access, possess or create any other Seeya Live accounts.
Use of the Services by you, as a Member, is subject to all applicable local, state, national and international laws and regulations. The Company reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does the Company guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, the Company, at its sole discretion, may terminate your access to and use of the Services, require you to correct such violation, and/or take any other actions that the Company deems appropriate to enforce its rights and pursue all available remedies. Without limitation, the Company reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
A. Members shall not attempt to gain unauthorized access to the Company's database or other computer systems.
B. Members shall not attempt to change, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Company in connection with the Services.
C. Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services.
D. Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.
E. Members shall not attempt to buy Seeya Live virtual items outside of the app.
F. Members shall not attempt to sell Seeya Live virtual items.
G. Members shall not attempt to sell a user account associated with one of the Services.
All decisions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of the Company and its designees. The Company has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the Services. The Company and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of the Company. The Company is not obligated to provide a Member with a warning prior to removal.
Once Member registers for the Services, Member will have a password and an account with the Services. Member is responsible for keeping the Member's password and account confidential. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify the Company of any unauthorized use of Member's account or any other breach of security known to Member.
You may purchase virtual currency for use solely on the Seeya Live app ("Diamond"). Purchases or other acquisitions of Diamond provide only a limited, non-transferable, non-sublicensable, fully-revocable license to use such Diamond to access Services that we expressly make available for use with such Diamond for your personal non-commercial use. Diamond is redeemable only on the Seeya Live app. Diamond does not expire. Diamond is non-refundable. Diamond has no monetary value and does not constitute currency or property of any type. Diamond is not transferable or assignable. You will not be entitled to a refund, money or any other compensation for unused Diamond and virtual items when an account is closed, whether such closure was voluntary or involuntary.
You may use Diamond to purchase Gifts for other users of our app. The price for each Gift will be displayed at the point of purchase. Gifts constitute a limited license to access a certain feature on the Seeya Live app when, as, and if allowed by Seeya operation team. All sales of Gifts are final and Seeya Live does not offer refunds for any purchased Gifts. Seeya Live is not responsible for repairing or replacing Gifts, or providing you with any credit or refund in the event that Seeya Live modifies, suspends, or terminates the Gift program, or for loss or damage due to any service error, or any other reason.
Gifts purchased or received by any user do not constitute property and are not transferable.
"Content" means all data, text, software, music, sound, photographs, graphics, artwork, video, pictures, images, posts, broadcasts, messages or other materials of any kind, whether publicly posted or privately transmitted. Your Content is your sole responsibility. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish all of your Content. We do not control the posted Content and, as such, we do not control its accuracy, integrity, quality or any other aspect. Under no circumstances are we liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.
You hereby grant the Company a perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license to use, distribute, reproduce, record, modify, adapt, process, combine, synchronize, create derivative works from, publish, publicly perform and publicly display such Content (including your user name and likeness) on the Services and elsewhere in any and all media or distribution methods (now known or later developed) for any promotional and other commercial purpose, whether by us, our partners or other third parties, in our sole discretion.
This license authorizes the Company to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for the Company to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to the Company's terms and conditions for such Content use. Such additional uses by the Company, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
The Company may use your feedback, comments and suggestions without any obligation to compensate you for them. The Company may continue to use and make available any and all Content and the Company will continue to have all of these rights even if your account is terminated.
You acknowledge and agree that the Company does not promise to screen Content, but that it has the right to do so. The Company has the right to remove any Content that violates this Agreement or that it finds objectionable. You accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content. You may not reproduce, republish, further distribute or publicly exhibit any Content on the Services that is not yours.
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. You and the Company agree that, except as otherwise specifically provided in this Agreement, you and the Company shall seek to resolve any and all disputes between the Company and you, respectively, including, without limitation, all claims, counter-claims and cross-claims (collectively, "Claims"), whether in law, equity or otherwise, solely through individual arbitration in accordance with the policies and procedures in this Agreement. Such disputes shall include without limitation:
A. disputes arising out of and/or otherwise relating to Company's Terms of Service, and/or Privacy Policy;
B. disputes arising out of and/or otherwise relating to any Services and/or any content on our Services;
C. disputes arising out of and/or otherwise relating to any information, communications and/or other material that you and/or any other person and/or entity provide to and/or through the Services;
D. disputes arising out of and/or otherwise relating to any information and/or other material that is collected, stored and/or disseminated by, on behalf of and/or with the approval of the Company;
E. disputes arising out of and/or otherwise relating to any advertising and/or other communications by the Company in connection with the Services;
F. disputes that are the subject of purported class action litigation in which you are not a member of a certified class;
G. disputes that arose before you entered into this Agreement and/or any prior version of this Agreement;
H. disputes that may arise after you terminate your registration with the Services; and
I. disputes arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
Despite the language agreed to above and as an alternative to arbitration, either you and/or the Company may bring an individual action against the other in small claims court. Additionally, you and/or the Company may bring any Claim against the other to the attention of a federal, state and/or local government entity, which may elect to seek relief against the Company on your behalf, and/or against you on the Company's behalf.
Either party may terminate use of the Services with or without cause at any time and effective immediately upon written notice to the other party. The Company may terminate with or without cause at any time and effective immediately, at the Company's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. the Company shall not be liable to Member or any third party for termination of use of the Services or Services. Member's right to use the Services shall cease immediately. Member shall have no right and the Company will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
Member agrees that use of the company services is entirely at member's own risk. The company services are provided on an "As is" Basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, the company disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the company services. To the fullest extent permitted by law, the company disclaims any warranties for other services or goods received through or advertised on the company services accessed through any links on the services. To the fullest extent permitted by law, the company disclaims any warranties for viruses or other harmful components in connection with the the company services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Under no circumstances shall the company be liable as a result of member's use or misuse of the company services, whether the damages arise from use or misuse of the company services, from inability to use the company services, or the interruption, suspension, modification, alteration, or termination of the company services. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the the company services or any links on the company services, as well as by reason of any information or advice received through or advertised in connection with the the company services or any links on the company services. These limitations shall apply to the fullest extent permitted by law. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
The Company reserves the right to change or amend this Agreement at any time, for any reason, or for no reason at all, at the Company's sole discretion. The most recent version of this Agreement will be posted on the Services. Although the Company will provide notice of material changes to this Agreement on the Services, as a Member it is your sole responsibility to keep yourself informed of any such changes or amendments. Should a Member object to any terms and conditions of the Agreement or any subsequent changes to the Agreement or become dissatisfied with the Company in any way, Member's only solution is to immediately: (1) discontinue use of the Services; (2) terminate their Services registration; and (3) notify the Company of termination.