Terms of Service
This agreement was written in English (US). Please note that Section 11 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: June 10, 2010
This Terms of Service (“Terms of Service”) governs our relationship with users and others who interact with Seedplay.com. By using or accessing Seedplay.com, you agree to this Terms of Service.
- Sharing Your Information
b) When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
c) We always appreciate your feedback or other suggestions about Seedplay.com, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Seedplay.com safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
a) You will not send or otherwise post unauthorized commercial communications (such as spam) on Seedplay.com.
b) You will not collect users’ content or information, or otherwise access Seedplay.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
c) You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Seedplay.com.
d) You will not upload viruses or other malicious code.
e) You will not solicit login information or access an account belonging to someone else.
f) You will not bully, intimidate, or harass any user.
g) You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
h) You will not use Seedplay.com to do anything unlawful, misleading, malicious, or discriminatory.
i) You will not do anything that could disable, overburden, or impair the proper working of Seedplay.com, such as a denial of service attack.
j) You will not facilitate or encourage any violations of this Terms of Service.
- Registration and Account Security
Seedplay.com users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
a) You will not provide any false personal information on Seedplay.com, or create an account for anyone other than yourself without permission.
b) You will not create more than one personal profile.
c) If we disable your account, you will not create another one without our permission.
d) You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
e) You will not use Seedplay.com if you are under 13.
f) You will not use Seedplay.com if you are a convicted sex offender.
g) You will keep your contact information accurate and up-to-date.
h) You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
i) You will not transfer your account to anyone without first getting our written permission.
- Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
a) You will not post content or take any action on Seedplay.com that infringes or violates someone else’s rights or otherwise violates the law.
b) We can remove any content or information you post on Seedplay.com if we believe that it violates this Terms of Service.
c) If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
d) If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
e) You will not use our copyrights or trademarks (including Seedplay.com and S Logos), or any confusingly similar marks, without our written permission.
f) You will not post anyone’s identification documents or sensitive financial information on Seedplay.com.
g) You will not use anyone else’s financial information to make donations or contributions to a project on Seedplay.com without their consent.
h) You will not tag users or send email invitations to non-users without their consent.
When you make a donation on Seedplay.com or fund your Seedplay.com account, you agree to our Payments Terms.
- Special Provisions Applicable to Pages and Profiles
If you create or administer a page or profile on Seedplay.com, you agree to our Pages Terms.
a) We can change this Terms of Service if we provide you notice (by posting the change on the Seedplay.com site).
b) For changes to sections 6 (sections relating to payments), we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice.
c) We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
If you violate the letter or spirit of this Terms of Service, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Seedplay.com to you. We will notify you by email or at the next time you attempt to access your account. You may email us to request that we disable your account at any time. In all such cases, this Terms of Service shall terminate, but the following provisions will still apply: 2-5 and 9-13.
a) You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Terms of Service, our other policies and procedures, or otherwise concerning Seedplay.com exclusively in a state or federal court located in Los Angeles County. The laws of the State of California will govern this Terms of Service, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims.
b) If anyone brings a claim against us related to your actions, content or information on Seedplay.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
c) WE TRY TO KEEP SEEDPLAY.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SEEDPLAY.COM “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SEEDPLAY.COM WILL BE SAFE OR SECURE. SEEDPLAY.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF SERVICE OR SEEDPLAY.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS TERMS OF SERVICE OR SEEDPLAY.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE DONATED OR CONTRIBUTED TO SEEDPLAY.COM IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SEEDPLAY.COM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
a) You consent to having your personal data transferred to and processed in the United States.
b) If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Seedplay.com (such as making contributions).
c) Certain specific terms that apply only for German users are available here.
a) By “Seedplay.com” we mean the features and services we make available, including through (a) our website at www.seedplay.com. and any other Seedplay.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
b) By “us,” “we” and “our” we mean The Sparrow Fund, eO Labs, and any of our affiliates.
c) By “information” we mean facts and other information about you, including actions you take.
d) By “content” we mean anything you post on Seedplay.com that would not be included in the definition of “information.”
e) By “data” we mean content and information that third parties can retrieve from Seedplay.com or provide to Seedplay.com through Platform.
f) By “post” we mean post on Seedplay.com or otherwise make available to us (such as by using an application).
g) By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
h) By “active registered user” we mean a user who has logged into Seedplay.com at least once in the previous 30 days.
i) By “application” we mean any application or website that uses or accesses Seedplay.com, as well as anything else that receives data from us.
a) This Terms of Service makes up the entire agreement between the parties regarding Seedplay.com, and supersedes any prior agreements.
b) If any portion of this Terms of Service is found to be unenforceable, the remaining portion will remain in full force and effect.
c) If we fail to enforce any of this Terms of Service, it will not be considered a waiver.
d) Any amendment to or waiver of this Terms of Service must be made in writing and signed by us.
e) You will not transfer any of your rights or obligations under this Terms of Service to anyone else without our consent.
f) All of our rights and obligations under this Terms of Service are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
g) Nothing in this Terms of Service shall prevent us from complying with the law.
h) This Terms of Service does not confer any third party beneficiary rights.
You may also want to review the following documents:
• Payment Terms. : These additional terms apply to all payments made on or through Seedplay.com.
• Pages Terms. : These additional terms apply to all profile pages you create on Seedplay.com.