Terms & Conditions
By using the Site, you agree to be bound by the Terms. At any time Seed Media may modify the Terms without providing you any notice, so we recommend that you review the Terms each time you use the Site. As a reference, we do provide you a "Last Modified" date at the top of the Terms indicating when the latest changes were made. Each time you access and use the Site after the Terms have been modified, you agree to the modifications. In addition, when using particular services or features or making purchases on the Site, you agree to adhere to any posted guidelines or rules related to such services, features or purchases. Any and all such guidelines or rules are hereby incorporated into the Terms.
Description of Service
The Site provides a variety of information, forums, resources and products related to science. We collectively refer to the Site, any software used to operate the Site, and the content, services, features, subscriptions, products, merchandise and information that Seed Media offers to users on the Site as the "Service". Unless explicitly stated otherwise, any new features that augment or enhance the Service in the future shall be considered part of the Service and subject to the Terms.
Seed Media grants you a limited license to access the Site for your personal use. You agree not to download or modify the Site, or any portion of the Site, without the express written consent of Seed Media. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; or any downloading or copying of account information for the benefit of another merchant. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Seed Media. You understand and agree that any unauthorized use of the Site by you terminates the limited license granted to you by Seed Media. Seed Media hereby grants you a limited, revocable, and nonexclusive right to create a hyperlink to the Website’s home page so long as the link does not portray the Site, Seed Media or its products and/or services in a false, misleading, derogatory, or otherwise offensive matter.
If you would like to purchase any merchandise or products offered on the Site, a subscription to Seed magazine or any other publication we may offer, or (as available) a paid membership on the Site (collectively, "Products"), your purchase will be subject to the terms and conditions of our Purchase Policy. (Please review our Purchase Policy before making any such purchase.) When you purchase Products offered through the Site, we collect your credit card and other payment information and keep a history of your purchases. We use this information to process your orders, to better assist you when visit or contact us in the future, as well as improve our product offerings. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy. We hereby incorporate the Purchase Policy into the Terms.
Information You Provide
As mentioned, you may be required to register for an account on the Site in order to take advantage of certain features of the Site, such as purchasing Products or using our chat rooms, message boards and blogs. If you choose to register on the Site or if you otherwise provide information on the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to Seed Media that is false, inaccurate, outdated or incomplete, or Seed Media has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Seed Media has the right to suspend or terminate your account and prohibit any and all current or future use of the Service (or any portion thereof) by you.
Member Account and Password
If you choose to register for an account with Seed Media, you will need to create a username and password while completing the registration process. Once you are issued an account and password, you may not provide any other person or entity access to your account, either directly or indirectly. You are responsible for: (i) maintaining the confidentiality of the password and account; and (ii) any and all activities that occur under your password or account. You also agree to: (iii) immediately notify Seed Media of any unauthorized use of your password or account or any other breach of security, and (iv) exit from your account at the end of each session. Seed Media (and its affiliated companies) shall not be liable for any loss or damage arising from your failure to comply with this section.
Materials on the Site, Proprietary Use
You acknowledge that all materials on the Site, including, but not limited to, design, graphics, text, pictures, software and other files and the selection and arrangement thereof (the "Materials"), are subject to and protected under copyright, trademark and/or other intellectual property laws and rights. All copyrighted and copyrightable Materials are owned by Seed Media and/or its suppliers or licensors, all rights reserved. Except as expressly authorized by the Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit or otherwise use any of the Materials in any form or by any means, without the prior written permission of Seed Media or the respective copyright owner. Seed Media authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes.
The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Site (including, without limitation, the 'phylotaxis' logo, the Seed text logo and logotype, and the names Seed magazine and feelingsandflowers.com , and any Marks associated with any Products) are the sole property of Seed Media and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of Seed Media and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Seed Media and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of Seed Media.
AFP stories and photos shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. AFP news material may not be stored in whole or in part in a computer except for personal and non-commercial use. AFP will not be held liable for any delays, inaccuracies, errors or omissions in any AFP news material or in transmission or delivery of all or any part thereof or for any damages whatsoever. As a newswire service AFP does not obtain releases from subjects, individuals, groups or entities contained in its photographs, graphics or quoted in its texts. Further, that no clearance is obtained from the owners of any trademarks or copyrighted materials whose marks and materials are included in AFP photos or materials. Therefore you will be solely responsible for obtaining any and all necessary releases from whatever individuals and/or entities necessary for any uses of AFP stories, photos or graphics.
In the event that we provide users with any venues to submit opinions, information, ideas, suggestions, concepts or other material (collectively, "Submissions") on the Site (collectively, "Venues", and including, but not limited to, Interaction Tools, surveys or invitations to e-mail Seed Media with questions or comments), any such Submissions must be original from you (or in the public domain) and be accurate and current. With respect to your Submission(s), you agree not to upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials that (i) restrict or inhibit any other user from using and enjoying the Site or the Site’s services or features; (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) encourage conduct that would give rise to criminal liability, civil liability or otherwise violate any local, state, national or international law and/or regulation; (iv) offers to buy or sell any product or service; (v) violate, plagiarize or infringe the rights of third parties including, without limitation, intellectual property rights, contract rights, confidentiality rights, rights of privacy and/or publicity or any other proprietary right; (vi) contain a virus, spyware, or other harmful component; (vii) contain embedded links, advertising, chain letters or pyramid schemes of any kind; and/or (viii) constitute or contain false or misleading indications of origin, endorsement or statements of fact related to the Site, Seed Media or any third party.
Furthermore, the Venues shall not be used for any commercial purposes. You agree not to submit any Submission to solicit funds or to promote, advertise, or solicit the sale of any goods or services.
Any Submissions submitted by you to the Site through the Venues or otherwise will be deemed non-proprietary and non-confidential, and may be used by Seed Media without restriction. Without limiting the foregoing, by offering any Submissions through the Site, you grant to Seed Media the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to reproduce, modify, edit, publish, display, perform, adapt, distribute, sublicense and otherwise use and exploit such Submissions (and any and all proprietary rights therein that you may have) in any and all forms and media, now or hereafter discovered, without compensation or attribution to you.
You are solely responsible for any Submission you post or otherwise disseminate on or through the Service. We have no responsibility or control over the content, frequency or any other aspect of Submissions by our users, and we shall not be held liable for any such Submissions.
Subject to the “Copyrights and Copyright Agent” provision below, Seed Media reserves the right, but does not have an obligation, to monitor and/or review all materials posted by any and all users to the Site or through the Services. Seed Media is not responsible for any such materials posted by users. You agree that any opinions, statements or other material expressed, posted or otherwise disseminated on or through the Service by visitors, account holders or third parties are those of such parties and not of Seed Media, and Seed Media does not necessarily endorse any such opinion, statement or other material. Seed Media reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, including your Submissions, in whole or in part, that in Seed Media’s sole discretion are objectionable or in violation of the Terms and/or applicable law. Seed Media may also impose limits on certain features, such as Interaction Tools, restricting your access to part or all of the Interaction Tools if it believes you are in breach of the Terms, any applicable laws/regulations and/or for any other reason without notice or liability to you. Further it is acknowledged and agreed that, any actions taken by Seed Media to improve the user experience of the Site, including monitoring and/or reviewing all materials and subsequently editing, removing or refusing to post such materials shall not be deemed to create any duty towards you nor shall it be deemed a basis for any liability against Seed Media.
Private or Sensitive Information:
We strongly urge you not to post any personally identifiable contact information in any Submissions that may be accessible to users of the Site, including your home and/or business telephone number(s), email address(es) or the address of your residence or place of business. Any posting of such personal information is done expressly at your own risk. Furthermore it is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on the Site and elsewhere. Therefore it is important that you are careful and selective about the personal information that you disclose about yourself and others. In particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your Submissions.
You warrant and agree that, while using the Site and the Services offered on or through the Site, you shall not: (i) impersonate any person or entity, including anyone from Seed Media, or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party's advertising, branding or other promotional content into any of the Site’s content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (iii) attempt to gain unauthorized access to other computer systems through the Site; (iv) use “spiders,” "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site; (v) use the Site or services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (vi) attempt, or encourage or support anyone third party to attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or its services, or any content thereof, or make any unauthorized use thereof; (iv) use the Site or the Site’s services in violation of Seed Media or any third party's intellectual property or other proprietary and/or legal rights; or (iv) use the Site or the Site’s services in violation of any applicable local, state, national or international law and/or regulation.
Links and Third Party Content
Links on the Site to third-party websites are provided only as a convenience to you. If you use these links, you will leave the Site. The inclusion of any link to third-party website on our Site does not imply Seed Media’s endorsement, sponsorship, or recommendation of that third-party website. Seed Media disclaims any liability for links: (i) from third-party websites to the Site; and (ii) to a third-party website from the Website. Seed Media cannot guarantee the standards of any third-party website to which links are provided on this Site nor shall Seed Media be held responsible for the contents of such sites, or any subsequent links. Seed Media does not represent or warrant that the contents of any third-party website are accurate, compliant with applicable local, state or federal laws, including intellectual property laws. Furthermore, Seed Media is not responsible for or any form of transmission received from any third -party website. You assume all risks, responsibilities and consequences from your reliance on the contents on any third-party website.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that neither Seed Media nor its affiliated companies shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
News and Information; Financial Matters
You agree that you must evaluate and bear all risks associated with the use of any headlines, excerpts, summaries, news and/or other information provided through the Service (collectively, "Information"). Therefore, you acknowledge and agree that neither Seed Media nor its affiliated companies are responsible or liable, directly or indirectly, for: (i) any Information provided by the Service, (ii) any decision by Seed Media to include any Information in, or exclude any Information from, the Service, (iii) any summarizing or editing of Information by Seed Media, or (iv) any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Information, including, without limitation, the accuracy, completeness, availability or usefulness thereof. Seed Media does not independently verify any Information obtained or derived from third party sources.
Without limiting any other provision of the Terms, with respect to any Information provided by the Service concerning companies, stock quotes, investments, securities or other financial or corporate information, you understand and agree that any such Information is provided through the Service on a "let the investor beware" basis, meaning that you assume all risk for any investment, trading, tax or other decisions you make based on such Information. The Information obtainable on or through the Service is provided for informational purposes only. We do not give tax or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for tax and investment advice. Neither Seed Media nor its affiliated companies shall be responsible or liable for any trading or investment decisions made based on such Information.
You agree to indemnify and hold Seed Media, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Seed Media harmless from all claims, liabilities, losses, damages, and expenses, including attorneys' fees and expenses, arising out of or relating to: (i) your use of any parts of the Site or the Services, including any Submissions posted by you on the Site; (ii) your use of any products or services offered by third parties through the Site; (iii) any damage caused by you to any software or hardware to any third party as a result of your use of the Site; (iv) your violation of any local, state, national and/or international law, including but not limited to, your violation of any third party’s intellectual property or proprietary rights; (v) your breach of the Terms; and/or (vi) any conduct and/or behavior that you may have engaged in while using the Site that harmed and/or damaged, whether directly or indirectly, any third party regardless of whether we terminated or limited your use of the Site as a result of such conduct and/or behavior.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, SEED MEDIA, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "SEED MEDIA PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, THE SEED MEDIA PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (vi) THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SEED MEDIA PARTIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SEED MEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY: (I) THROUGH THE SITE; (II) THROUGH ANY LINKED-TO WEBSITE; OR (III) FEATURED IN A BANNER OR OTHER ADVERTISEMENT FORMAT. SEED MEDIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
Limitation of Liability
IN NO EVENT SHALL THE SEED MEDIA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SEED MEDIA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, ANY AND ALL STORED PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION; (v) ANY STATEMENTS, INCLUDING OFFENSIVE AND DEFAMATOR Y STATEMENTS, OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (vi) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; (vii) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT APPEARING ON THE SITE OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE.
If you are dissatisfied with any Materials, or with any of Seed Media's terms and conditions, your sole and exclusive remedy is to discontinue using the Service.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Copyrights and Copyright Agent
Seed Media respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied on the Service in a way that violates your intellectual property rights, please provide the following information to Seed Media's Copyright Agent:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site; 4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Seed Media's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Seed Media Group, LLC
12 W. 21st St, 7th Floor
By phone: 646 502 7050
Seed Media reserves the right, without notice and at its sole discretion, to suspend or terminate the Terms and/or your ability to access or use the Service, and to block or prevent future access to and use of the Service for any reason, including your breach of the Terms or other conduct by you that Seed Media considers inappropriate. Seed Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Except as otherwise expressly stated in the Terms, you agree that neither Seed Media nor any of its affiliated companies shall be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Seed Media without restriction.
The Terms shall be exclusively governed by and construed in accordance with the laws of the State of New York within the United States of America without giving effect to any principles of conflicts of law. Seed Media controls and operates the Site from its offices located in the State of New York in the United States of America. Seed Media makes no representation that Materials contained on the Site or Products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that the Terms comply with the laws of any other country. Visitors who use the Service and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
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