Acceptance of Seavee’s Terms of Service
Last Modified: 01/24/2020
Thank you for using our services (“Services”). The services are provided to you by NOOREQ, Inc. (“Seavee”), 446 N. Chatham Ave., Villa Park, IL 60618.
Before you begin, the use of our Services requires that you agree to these Terms of Service. Please read this carefully.
Use of our Services
Use of our Services must comply with these terms:
violate any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); or
to impersonate or attempt to impersonate Seavee, a Seavee employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Additionally, you agree not to:
use our Services in any manner that could disable, overburden, damage, or impair them or interfere with any other party’s use of these Services;
use automated systems or software to extract data from these Services for any purpose;
use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material hosted on our servers;
use any device, software, or routine that interferes with the proper working of the Services;
introduce any material which is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any aspect of our Services, the server hosting our Services, or any computer or database connected to it; or
otherwise attempt to interfere with the proper working of our Services.
We can suspend or discontinue your Services if you violate our Terms of Service or policies or if we are investigating suspected misconduct.
By using our Services, you do not acquire any copyrights or any other property rights to our Services or the content you access through them. You may not use the content of our Services unless you have the consent of the rights holder or are otherwise entitled to use them. These Terms of Service do not grant you any right to use trademarks, brand names, or logos used in our services. Legal notices, which are displayed on or in connection with our Services must not be removed, made unrecognizable, or altered.
Our Services also display non-Seavee content, such as advertisements or shared documents from other users. This content is the exclusive responsibility of the person who makes it available. Seavee does not adopt this content as its own. We reserve the right to check content for unlawfulness or infringement of these policies. We may remove or reject content if we reasonably believe that it violates our policies or applicable law.
In connection with your use of our Services, we may provide you with notices regarding your use of the service, such as calendar notifications, alerts, and other notices generated through your use of our Services.
Since you will be using our Services on mobile devices, please do not use our Services in a manner that will distract you and prevent compliance with traffic regulations or safety regulations.
Use of server storage beyond user limit
Every Seavee user is given a storage limit for how much data they can store on our servers. We provide you details about this limit when you sign up for our services. By signing up for our services and agreeing to these terms, you also agree to not exceed this storage limit. If you do exceed this storage limit, we will require you to take action to fit the amount of data you store on our servers within your agreed limit.
Once you exceed your storage limit, we will send you push notifications of this fact. At this point, you will not be able to use any function of our services a part from deleting documents. Once your deletion of documents has brought your data storage within your limit, you will be able to use other functions on our app.
Your Seavee account
To use our Services, you will need to create your own Seavee account. To do so, you will need to provide a password.
In order to protect your Seavee account and the information you upload to it, please keep your password confidential. Do not provide your Seavee password to third parties. You alone are responsible for the activity on your Seavee account. If you notice any unauthorized use of your password or Seavee account, please notify us immediately at info@seavee.net.
Data protection and copyright protection
Seavee’s Privacy Policy explains how we collect and protect the information you provide us in using our Services.
We respond to reports of alleged copyright infringement and terminate the accounts of individuals who repeatedly commit violations, in accordance with the procedures provided for by the U.S. Digital Millennium Copyright Act.
If you believe your copyright is infringed and you want to notify us, please email us immediately at info@seavee.net.
Your content and our services
Some of our services allow you to create content. You retain your rights as the copyright holder and all existing property rights in the content that you enter into our services.
By posting copyrighted or otherwise legally protected content to our services, you grant to NOOREQ, Inc. and its third-party affiliates, free of charge, a necessary, non-exclusive, worldwide, and temporally unlimited rights to use such content solely for the purpose of providing Seavee’s services and only to the necessary extent. For example, for Seavee to provide our Services, the content must be stored and hosted on our servers, for example. Seavee’s rights to your content therefore includes the right to reproduce the content technically. Furthermore, you grant Seavee the right to make your content accessible to Seavee, our employees, our affiliates, and other trusted parties to the extent necessary to provide our Services. Additionally, you grant Seavee the right to make your content accessible to the extent to which you have explicitly designated. This access ceases at the time when you delete content from the Seavee application or delete your Seavee account. Please ensure that when you upload content to our services, you have the rights to do so.
Additionally, we have the right to:
Remove any content for any or no reason in our sole discretion.
Take any action with respect to any Seavee account that we deem necessary or appropriate in our sole discretion, including if we believe that a user has violated the Terms of Service, infringes any intellectual property or other right or any person or entity, or could create liability for Seavee.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using our Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/ SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot/do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
For more information about how Seavee uses and stores information, please refer to our Privacy Policy. If you send us feedback or suggestions for improvement to our services, we are entitled to use this feedback and these suggestions without any obligation to you.
Reliance on information shared through our services
The information shared on or through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other user of our Services, or by anyone with whom information is shared through our Services.
About software in our services
The use of our Services requires the download of software. This software may be automatically updated on your mobile device as soon as a new version or feature is available. You can customize any such auto-update or auto-synch setting.
Seavee grants you the personal, worldwide, royalty-free, and non-exclusive right to use Seavee’s software. These rights only serve to enable you to use the Services provided by Seavee in accordance with these Terms of Service. You are not authorized to reproduce, modify, distribute, sell, or rent any portion of our Services or the software contained therein. In addition, you may not reverse engineer this software or attempt to extracts its source code. Exceptions are valid only if they are legally permitted or if you have Seavee’s written consent.
Cancelling premium subscriptions to our Services
Users who have purchased premium subscriptions to our Services may cancel them at any time. Once you have cancelled these services, we will still allow you to use them for twenty-one days following your cancellation. During this time, we will send you three notifications that your premium services will expire. Following twenty-one days, you will only be able to use our basic services and must reduce your data stored on our servers to the amount allotted for our basic services. If at this time the data stored on our servers still exceeds this limit, you will not be able to add any new documents or other data until the amount you store conforms to your new storage limit.
Modification and termination of our Services
We continually change and optimize our Services. We can, for example, add or remove features or features, or introduce additional or new restrictions to our services.
You may terminate your use of our service at any time.
Warranties and disclaimers
Except as expressly stated in these Terms of Service, neither Seavee or its affiliates make specific warranties with respect to the Services or assume any warranties in this respect. For example, we do not make any commitments regarding these Services, including their specific function, reliability, availability, or suitability of the Services for your purpose. We provide the Services as-is.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or through our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ITEMS OBTAINED THROUGH THEM.
YOUR USE OF THESE SERVICES AND SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. OUR SERVICES, THEIR RELATED CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THESE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THESE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SEAVEE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL SEAVEE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE OUR SERVICES OR ANY SERVICES, WEBSITES, OR CONTENT ACESSED THROUGH OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Seavee, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of our Services, including, but not limited to, using them in a manner other than what is expressly authorized in these Terms of Service or your use of any information obtained through these Services.
About these Terms of Use
Seavee may reasonably adapt these Terms of Service to reflect, for example, legal changes or changes to our Services. You should therefore regularly check these Terms of Service. We will publish notices of changes to these Terms of Service on our mobile application. Changes will not be retroactive and will take effect no earlier than fourteen days after their publication. However, functional changes to our Services or changes for any legal reasons are immediately effective. If you do not agree to an updated or altered Terms of Service, your option is to cancel your use of our Service.
In the event of a conflict between these Terms of Service and additional conditions, the additional conditions in the individual case have priority.
Governing Law and Jurisdiction
Seavee is an Illinois Company. Accordingly, all matters relating to these Services, Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Services or this Terms of Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the City of Chicago and County of Cook, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and severability
No waiver by Seavee of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure on Seavee’s party to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Entire agreement
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Seavee with respect to our Services, and they supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to our Services.
Your comments and concerns
These Services are operated by NOOREQ, Inc. (“Seavee”).
All notices of copyright infringement claims should be sent to info@seavee.net.
All other feedback, comments, requests for technical support and other communications relating to the Application and Website should be directed to info@seavee.net.
For information on contacting Seavee, please email info@seavee.net.