These Terms were last updated on August 10, 2009.
BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, SEINQUEST, INC. IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
1. Changes to the Agreement.
We may modify this Agreement from time to time in our sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.
Some Services or content sets available through the Services may have additional terms, conditions and restrictions associated with them and will be posted on such Services or content sets. You agree that such additional terms, conditions and restrictions will apply to your use of such Services or content sets and if there is a conflict with this Agreement, such additional terms, conditions and restrictions will control.
Except where otherwise indicated, all content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of SeinQuest or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
4. Trademarks and Intellectual Property Rights
The trademarks, service marks, designs, logos, the term "SeinQuest", and the phrases "The Quest To Be..." and "Steps of Essence" (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks and intellectual property of SeinQuest and its licensors. You agree that you will not refer to or attribute any information to SeinQuest or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, SeinQuest or its licensors. SeinQuest reserves all rights to its intellectual property.
5. Use of Site Content; Ownership; General Limitations on Use.
5.1 Use of Site Content. SeinQuest hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the "Content") on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without SeinQuest's prior written consent. ALL OTHER USES ARE PROHIBITED.
5.2 Ownership. You acknowledge and agree that the text, information, data, graphics, images, audio, video, design, organization, compilation, meta data, look and feel, advertising and all other protectable intellectual property (the "Content") available through the Services is the property of SeinQuest, the property of our advertisers or our third party licensors or suppliers (such licensors and suppliers are referred to as "Information Providers") and is protected by copyright and other intellectual property laws.
5.3 Limitations on Use. Unless you have our written consent in advance, you may not reproduce, sell, publish, distribute, retransmit, disseminate, perform, display, broadcast, create new works from, or commercially exploit the Content available through the Services, with the following exceptions:
5.3.1 To the extent that we feature email or other sharing functionality on a particular article in the Services, you may use email or other featured sharing functionality to share such article with other individuals.
5.4 You agree to access the Services manually by request and not programmatically by macro or other automated means.
5.5 Premium Products. Certain Services and content sets are only available after additional registration and/or payment of a fee.
5.6 No Modification of Content. You agree not to rearrange or modify the Content. You may not modify, publish, create derivative works, copy, distribute, or otherwise use any of this site's content or frame this site within any other site. You agree not to create abstracts from, scrape or display headlines from the Content for use on another web site or service or use the Content for commercial purposes. You agree not to upload, post or submit any Content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, except through services we specifically provide for that purpose (e.g., an RSS Feed) or after we give our written consent in advance.
6. Member Accounts; Privacy.
7. Member Content (User Generated Content); Message Boards.
7.1 Member Content. We offer Members and users the opportunity to tag, rate, vote, offer predictions and comment on and engage in discussions regarding articles, and various topics. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities is referred to as "Member Content" in this Agreement and is subject to various terms and conditions as set forth below.
7.2 Cautions Regarding Other Members and Member Content. You understand and agree that Member Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any Member. We do not routinely screen, edit, or review Member Content. However, we reserve the right to monitor or remove any Member Content from the Services at any time without notice. You should be aware that other Members may not be who they say they are. We take no action to perform a background check on any of our Members' profiles. We do not guarantee that Members' profiles are accurate. You should also be aware that other members may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. Member Content may be misleading, deceptive, or in error.
7.3 Grant of Rights and Representations by You. If you upload, post or submit any Member Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such Member Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant us, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your Member Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of Member Content, or any portion thereof, by Members and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your Member Content specifically on the Services and to allow other Members or users to request access to your Member Content, such as for example through an RSS Feed.
7.4 Removal. We may also remove any Member Content for any reason and without notice to you. This includes all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services.
7.5 Rules of Conduct. All Members and users of the Services must comply with the following rules of conduct:
- You will not stalk or harass another when using the Services.
- You will not interfere with others' use of the Services, including by interrupting other users' sessions, scrolling down (automatically or manually) to make it difficult for them, or otherwise act in a way that negatively affects other users' enjoyment of the Services.
- You will not attempt to harvest any screen names of email addresses for any commercial use and you will not collect or store personal information about any other individual on the Services.
- You will not use the Services for illegal purposes and you will not upload, post or submit any Member Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights.
- You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with SeinQuest, similarly, you will not adopt a false identity.
- You will not upload, post or submit any Member Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services we provide, Members’ or users' ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services.
- You will not send any bulk unsolicited advertising, promotional information, commercial email or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services.
- You should demonstrate appropriate respect for other Members. If you disagree with an opinion on the Services, feel free to challenge that opinion with a posting of your own. You should, however, refrain from ever personally attacking the person making the posting.
- You will not violate any applicable local, state, national or international law.
- You will not upload, post, submit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- You will not upload, post or submit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person.
- You will not upload, post or submit improper or off-topic messages.
8. Termination. SeinQuest may discontinue or change all or any of the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. SeinQuest may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.
9. Notices of Infringement and Takedown by SeinQuest
SeinQuest prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to SeinQuest at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. SeinQuest will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. SeinQuest's contact for submission of notices under this Section 5 is: info1.seinquest.com
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT SEINQUEST IS NOT HEREIN ENGAGED IN RENDERING ANY PSYCHOLOGICAL, MEDICAL, THERAPEUTIC, FINANCIAL, LEGAL, CAREER, RELIGIOUS, OR OTHER PROFESSIONAL ADVICE AND SERVICES TO USERS. IF EXPERT ASSISTANCE IS NEEDED, PLEASE SEEK THE SERVICES OF A COMPETENT PROFESSIONAL (THERAPIST, PSYCHOLOGY, PHYSICIAN, FINANCIAL ADVISOR OR ACCOUNTANT, CAREER CONSULTANT, LAWYER, ETC.).
ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SEINQUEST AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. SEINQUEST SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER SEINQUEST NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
11. Third-Party Web Sites
12. Governing Law; Jurisdiction
These Terms are governed by the laws of the State of Florida without reference to the principles of conflicts of laws thereof.