What you see before you is a deluge of legal covering our butts. Apologies for this. Rest assured that we are here to support artists, not fleece them. Hence the legal. It protects us and, ultimately, protects you.
You will notice from our legal that we must grant ourselves the right to use anything that you post here. It’s as if you granted us a perpetual license. Just remember, though, that ideas cannot be copyrighted, only executions of an idea (a song, a performance, an article… that type of thing).
Don’t be paranoid about sharing ideas – you cannot protect those anyway. You’re better off sharing and caring, because the end result will be much more gratifying.
And if you are that paranoid, you shouldn’t be on an Internet web forum in the first place!
Without further ado, I give the SEAM…
TERMS AND CONDITIONS
These terms and conditions (the “Terms”) are the terms on which this website and forum [ www.seam.tv ] (the “Website”) is made available by Shared Experience Art Machine Limited (“SEAM”) to you (“You”/”Your”). Please read these Terms carefully before using the Website. By accessing the Website you agree to be bound by these Terms.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES AND YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY SEAM INCLUDING, WITHOUT LIMITATION, THE SEAM.TV WEBSITE AND DOMAIN NAME, SUB-DOMAINS (SUCH AS FORUM.SEAM.TV) AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY SEAM IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE”). BY USING THE SITE(S) OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING, BROWSING OR SUBMITTING CONTENT TO THE SITE(S), YOU AGREE TO BE BOUND BY THESE TERMS. THESE TERMS APPLY TO ALL USERS OF THE SITE(S) OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES.
1. INFORMATION ABOUT US
We are SHARED EXPERIENCE ART MACHINE Limited, a company registered in England and Wales under registration number 7271032 and our registered address is Regina House, 124 Finchley Road, London NW3 5JS (“we”/”us”/”our”).
2. YOUR USE OF THE WEBSITE
2.1 You represent and warrant that you are eighteen (18) years old or older. If you are not, you cannot use the Website.
2.2 To use or submit content to the Website you must first register an account with us. For instructions on how to register and gain access to the Website, please visit this [ My Membership Options ] page and follow the directions listed there.
2.3 You agree that in using the Website, YOU WILL NOT:
2.3.1 use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
2.3.2 use the Website for any purpose other than your personal, non-commercial use; email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
2.3.3 transfer files that contain viruses, Trojans, or other harmful programs;
2.3.4 access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures.
2.4.1 We reserve the right to suspend, restrict or terminate your access to this Website at any time without notice at our discretion if we have reasonable grounds to believe you have breached any of the restrictions above or any of these Terms.
2.4.2 If you have any questions, complaints or comments on the Website the you may contact us on [email protected]
3 REGISTRATION, PASSWORDS AND SECURITY
3.1 Your must select a user name and password that is at least 6 characters long and can only contain a combination of letters and/or numbers.
3.2 You are responsible for maintaining the confidentiality of your Password and User Name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be liable where your Password or User Name is used by someone else. You agree to notify us immediately by email to [[email protected]] of any unauthorised use of your Password or User Name of which you become aware.
4 CHANGES TO THESE TERMS AND CONDITIONS
We are constantly looking for new ways to improve the Website. SEAM therefore reserve the right to alter these Terms at any time in its sole discretion by posting a notice on the Website or sending you an email. Your continued use of the Website after such changes have been made constitutes acceptance of the revised Terms. SEAM may, at any time, modify, withdraw or suspend any content or functionality on the Website in its sole discretion, including the cessation of all activities associated with the Website. SEAM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. SEAM may terminate your use of the Website at any time without notice, for any or no reason, in its sole discretion.
5. YOUR LEGAL OBLIGATIONS/PROMISES TO US
You confirm that:
5.1 all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times (note that you can update or correct your personal details at any time by amending your account details);
5.2 you will comply with the restrictions on your use of the Website as set out in these Terms; and
5.3 in relation to any material submitted to or posted on the Website you have the right to do so and have obtained all necessary licences and or approvals.
6 OUR OBLIGATIONS AND LIMITS ON LIABILITY
6.1 Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence by us, our employees or agents or restrict your statutory rights.
6.2 In no event shall SEAM, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any:
6.2.1 errors, mistakes or inaccuracies of any Content;
6.2.2 personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website or any third party websites or third party services offered through, advertised by or linked to the Website
6.2.3 any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
6.2.4 any interruption or cessation of transmission to or from the Website;
6.2.5 any bugs, viruses, Trojan horses, or the like, which may be transmitted to or though our Website by any third party;
6.2.6 contributor submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you; or
6.2.7 any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not SEAM was advised of the possibility of such damages.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
6.3 The Website is controlled and offered by SEAM from its facilities in the United Kingdom. SEAM makes no representations that the Website is appropriate or available for use in other locations. Those who access or use Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
6.4 The Website (including, without limitation, any content) is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the availability of the Website, the Website being fully operational, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. SEAM and its directors, employees, agents, suppliers, partners and content providers do not warrant that:
6.4.1 the service will be secure;
6.4.2 any defects or errors will be corrected;
6.4.3 any content or software available at or through the service is free of viruses or other harmful components; or
6.4.4 the results of using the service will meet your requirements.
7 RESTRICTED BEHAVIOUR ON THE SITE
All text, graphics, multimedia content or other material that you see or read on the Website and all related code (the “Content”), including Contributor Submissions (as defined below), is owned by or licensed to SEAM, and may not be used except as provided in these Terms. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Website or Content, or, except as expressly provided by the limited license granted in respect of the creation of Contributor Submissions in accordance with clause 8.1, reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, post, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorised reproduction or distribution of the Content. Your use of the Website may not in any way infringe or misappropriate the intellectual property right of any third party. SEAM reserves any and all rights not expressly granted herein.
8. CONTRIBUTOR SUBMISSIONS
You can even participate in the creation of certain storylines by submitting your own works according to this clause on Contributor Submissions (as defined below).
8.1 Policy: We welcome the submission of text, stories, vignettes, paragraphs, concepts, characters, ideas, poems, songs, images, animations, or interactive features submitted by registered contributors for potential publication on the Website (the “Contributor Submissions”). SEAM grants you a limited, non-exclusive, non-transferable and revocable license to modify, broadcast, and transmit Content solely in order to create and submit Contributor Submissions to the Website. You understand that whether or not such Contributor Submissions are published, SEAM cannot guarantee proper attribution with respect to any submissions because of the interactive nature of the Website.
8.2 Process for Submission: Please follow the submission guidelines outlined in the FAQs posted on the Website.
8.3 Acceptance of Contributor Submissions: Subject to these Terms, your Contributor Submissions may be posted on the Website. SEAM reserves the right to decide whether Content or a Contributor Submission is inappropriate or violates these Terms, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. SEAM also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and Contributor Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, SEAM assumes no responsibility for monitoring the Website, Content, or Contributor Submissions for inappropriate conduct, or modifying or removing such conduct, Content or Contributor Submissions from the Website.
8.4 Payment for Contributor Submissions: In certain cases, SEAM may compensate users for a Contributor Submission. If we decide to provide you compensation, we will contact you directly and will compensate you according to terms of a separate agreement. Compensation for Contributor Submissions is at the sole discretion of SEAM and SEAM are under no obligation whatsoever to compensate all or any users of the Website.
8.5 Assignment of Your Work: For clarity, you assign all of your ownership rights in your Contributor Submissions. By submitting Contributor Submission(s) to SEAM, SEAM shall own all right, title and interest (including copyrights and all other intellectual property rights of any sort throughout the world) relating to any and all Contributor Submissions. You hereby make all assignments necessary to accomplish the foregoing, including without limitation the right to use, modify, reproduce, distribute, prepare derivative works of, display and perform such Contributor Submissions as permitted through the functionality of the Website throughout the universe for the full period of copyright and any extensions or renewals thereof and thereafter (to the extent possible) in perpetuity. You shall further assist SEAM, at SEAM’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any rights specified to be so owned or assigned. Without limiting this section or SEAM’s other rights and remedies, if all the rights, title and interest to your Contributor Submission cannot be fully assigned, SEAM will have and you hereby grant SEAM a perpetual, irrevocable, worldwide royalty-free, non-exclusive, sub-licensable right and license to exploit and exercise all such intellectual property rights. To the extent allowed by law under the laws of the relevant jurisdiction whether now existing or conferred in the future, the rights mentioned in this paragraph include all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights”, “artist’s rights,” “droit moral”, or the like (collectively “Moral Rights”). To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such Moral Rights by or authorized by SEAM and agree to waive any and all Moral Rights with respect thereto. You will confirm any such ratifications, consents and agreements from time to time as requested by SEAM. SEAM does not endorse any Contributor Submission or any opinion, recommendation, or advice expressed therein, nor are we responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Contributor Submissions. You shall be solely responsible for your own Contributor Submissions and the consequences of posting or publishing them. You agree that SEAM has no liability with respect to any Contributor Submissions, including, without limitation, your own Contributor Submissions, and you hereby irrevocably release SEAM and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to Contributor Submissions or any part thereof.
8.6 Representations and Warranties regarding Contributor Submissions: You shall be solely responsible for your own Contributor Submissions and the consequences of posting or publishing them. You hereby represent and warrant that any material contained in any such Contributor Submissions:
8.6.1 is owned by you, and/or you have the necessary rights, consents, and permissions to assign all right, title, and interest in your Contributor Submissions to SEAM to allow the exploitation of such Contributor Submissions in any manner contemplated by the Website and these Terms;
8.6.2 is not unlawful, obscene, fraudulent, indecent or pornographic; does not defame, abuse, harass, or threaten others; and is not hateful or racially, ethnically or otherwise objectionable;
8.6.3 does not contain any software viruses, Trojan horses, worms, bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
8.6.4 does not advocate or encourage any illegal activity or activity that might give rise to civil liability;
8.6.5 does not infringe the copyright, patent, trademark, trade secret, right of publicity or other intellectual property, proprietary, contracted, personal or other right of any third party;
8.6.6 does not violate the privacy rights of individuals, including other users of the Site; and
8.6.7 Does not violate any applicable local, state, national or international law.
9. CONTENT POSTED ON OTHER SITES
9.1 This Website contains links to pages on other websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which the Website links, and that link to the Website. SEAM does not have any control over those third party websites and web pages, and is not responsible for their contents or their use. By linking to third party website or webpage, SEAM does not represent or imply that it endorses such website or webpage. You acknowledge that SEAM will not be a party to any transaction or contract with a third party that you may enter into. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
9.2 You may establish links to the Website provided that:
9.2.1 You link only to the home page of the Website;
9.2.2 You do not remove or obscure advertisements, the copyright notice or other notices on the Website;
9.2.3 You give us notice of such link by sending an email message to [[email protected]]; and
9.2.4 You immediately stop providing links to the Website if notified by us.
If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.
11. SECURITY AND PRIVACY
11.2 We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone breaching clause 2.3 or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the Website.
12. GOVERNING LAW AND JURISDICTION
In the event of any dispute between you and us concerning these Terms, the laws of England and Wales will apply. If you wish to take court proceedings against us, you must do so within England and Wales.