SebastionScotts
User Agreement
Last Updated: May 20, 2012
This User Agreement (or "Agreement") is a
legal agreement between you and SebastionScotts and/or SebastionScotts Direct governing your participation on Our Networks, our network site and its network of
sites (including SebastionScotts and all
co-branded versions of these sites), which are referred to collectively as "SebastionScotts, SebastionScotts Direct, SebastionScotts.com, SebastionScottsDirect.com, us, our networks and/or Network. By using,
accessing or registering as a member of our network, you agree to be bound by and hereby become
a party to all the terms of this Agreement. If you do not agree with the terms
and conditions in this Agreement, you may not use the SebastionScotts and/or SebastionScotts Direct
(SebastionScotts.com and SebastionScottsDirect.com) Network.
We can amend this Agreement either by emailing you
about the amended terms, which take effect when we send you the email, or by
posting the amended terms on the Network, which take effect when we post them. By
continuing to access or use the Network after any such amendment, you agree to be
bound by the terms of the amended Agreement. Otherwise, this Agreement may be
amended only in writing physically signed by us.
A Note About
Minors.
Our Network is not targeted towards, nor intended for use
by anyone under the age of 18. By using our
Network, you represent and warrant that you are 18 years
of age or older. If you are not at least 18 years of age, do not use, access
or register for our Network.
We reserve the right to terminate your membership in the event that SebastionScotts becomes aware you are under
18 as a member of our network
Registration.
Certain
features and services on our network
require that you register on the site. You agree
as a condition of use and registration that we may contact you to inform you
of changes to this Agreement or describe new services available on the Network. You are responsible for
safeguarding the password that you use to access any secure areas of
our Network. You agree
not to disclose your password to any third party. You agree to take sole responsibility
for any activities or actions under your password, whether or not you
have authorized such activities or actions. You will immediately notify SebastionScotts of any unauthorized use of
your password.
Content.
Our network provides a number of different services to assist you in shopping for products. Our network provides information regarding products, third-party merchants, shops, and links to third-party merchants that are selling listed products. The products listed on our network are sold by us and third-party merchants, not solely by our network.
To determine that you are making a purchase with SebastionScotts, note the URL:SebastionScotts will be a part of it except in the case of NextDayPC.
- http://sebastionscotts.com
- http://www.sebastionscotts.com
- https://sebastionscotts.com
- http://sebastionscotts.com/shopping
- https://sebastionscotts.com/shopping
- http://www.nextdaypc.com/SebastionScotts
- http://www.nextdaypc.com/main/default.aspx?&rsmainID=ND0274973
You acknowledge
that our network disclaims any
responsibility for or liability related to such products (see Disclaimer of
Warranties below). You agree to direct any question, complaint or claim
about merchants (for example, about their products, customer service for their
products or delivery) to the appropriate merchant or seller.
You may use the network in terms of your registered account to leave comments and/or contact us to help on your behalf.
SebastionScotts does not warrant
that product descriptions, pricing, editorial commentary or
any other content on our network, regardless
of its source, is accurate, complete, reliable
or current. Our Network
content is provided for informational purposes
only and does not constitute an endorsement by our network
of any product, service or merchant. You should not
rely on such information in situations where its inaccuracy would cause you to
suffer any loss (see Disclaimer of Warranties and Liability Limits below).
our network assumes no liability for
inaccuracy or incompleteness in its search results, editorial content, user ratings
(e.g., user merchant rating or user product rating) or other content on the
our network.
Consumer
reviews and ratings on our network are from our members who have elected to
post a review on our network. As such, these reviews and ratings are
informative for those wishing to use them, but they do not guarantee any level
of performance by a merchant or other third party in any given transaction.
Participating
merchants and other third parties may pay SebastionScotts to be presented on our network or to have their
product or service offerings placed higher in our search results and may also
purchase research from our network, but
in no event do such payments affect the reviews or ratings given to any merchant
by participating members.
You may download, view and print a single copy of any content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All rights, title and interest in and to our network and any content appearing on our network will remain the exclusive property of SebastionScotts and its licensees. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon copyrights. You may not distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use our Network or any other content appearing on the our Network.
You may not copy or modify the HTML code used to generate web pages on the SebastionScotts Network. You may not use SebastionScotts, or any other content appearing on our Network, on or in connection with any other website for any purpose without expressed written consent from SebastionScotts Management.
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You MAY NOT sell, rent, or otherwise transfer ownership of the photos.
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You MAY NOT alter or modify the photos.
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You MAY NOT include a photo or part of a photo or photos in another work.
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You MAY NOT place or submit the photos in a photo gallery, contest or exhibit.
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You MAY NOT commercially print or distribute printed copies of the photos.
Content
Submission.
By contributing or
submitting any content to our Network, you
warrant that you are the author and
owner of the intellectual property rights thereto, and you grant our network
a worldwide, perpetual, irrevocable, royalty-free, transferable
right and license to use, copy, modify, delete in its
entirety, adapt, publish, translate, create derivative works from, sell and distribute,
or incorporate such materials into any form, medium or technology, without compensation
to you. In addition, you warrant that all "moral rights" that
you may have in those materials have been voluntarily waived by you. None
of the materials shall be subject to any obligation of confidence on the part
of our network, its agents, subsidiaries, affiliates, co-brand
partners or other partners and their respective directors, officers
and employees. our network reserves the
right to change or delete any content on our network that SebastionScotts deems, in its sole discretion,
to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
- that is known by you to be false, inaccurate or
misleading;
- that infringes any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy;
- that violates any law, statute, ordinance or
regulation (including, but not limited to, those governing export control,
consumer protection, unfair competition, anti-discrimination or false
advertising);
- that is or may reasonably be considered to be
defamatory, libelous, hateful, racially or religiously biased or offensive,
unlawfully threatening or unlawfully harassing to any individual, partnership
or corporation;
- for which you were compensated or granted any
consideration by any third party;
- that includes any information that references
other websites, addresses, email addresses, contact information or phone
numbers;
- or that contains any computer viruses, worms or
other potentially damaging computer programs or files.
In addition, you agree to comply with Site Policies, which
are deemed to be incorporated into this Agreement.
You retain all ownership rights to information,
text, graphics or other materials you publish on the Network. However, we can reproduce, publish and
distribute all or teaser portions of your content online and offline and permit
others to do the same. You can edit or remove your content from the network at any time; but if we
have distributed your content to others, we may be unable to require them to
make the same changes. We ask that you refer or provide links to
our network if you choose to
republish your content elsewhere and that you do not publish the same items of
content on both our network
and other product or price comparison sites.
Copyrights.
All content available on our Network,
including site design, text, graphics, interfaces
and the selection of arrangements thereof is copyrighted by SebastionScotts, with all rights reserved, or is
the property of our network or third
parties protected by intellectual property rights.
SebastionScotts, SebastionScotts Direct, Twin Rivers Photography, In Stock Buy, Wikiselling, The Hidden Closet, PrivateTime Toys and
our networks are service marks of
our network. SebastionScotts and/or SebastionScotts Direct
(SebastionScotts.com and SebastionScottsDirect.com)'s service marks/trademarks may not be used in
connection with any product or service that is not provided by SebastionScotts, in any matter that is likely to cause
confusion among customers, or in any manner that disparages or discredits
our network.
If you believe content on our network
Network infringes your copyright, you should send
notice of copyright infringement to SebastionScotts' Copyright Agent. Your notice must meet the
requirements of the Digital Millennium Copyright Act (as required under 17
U.S.C. §512) by providing the following information:
- An identification of the copyrighted work claimed
to have been infringed
- An identification of the material that you claim
is infringing so that we may locate it on the site
- Your address, telephone number and email address
- 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
- A statement by you that the above information in
your notice is accurate, made under penalty of perjury, and that you are
authorized to act on behalf of the owner of the copyright interest involved
- Your signature (digital
signature)
The notice should be sent to:
SebastionScotts
via fax
to Fax Number: 1-888-832-2976 (Attn: Copyright Agent)
-or-
via email to copyright@sebastionscotts.com
Upon receipt of notice as described above, SebastionScotts
will take whatever action, in
its sole discretion, it deems appropriate, including removal of the challenged
content from our Network.
Trademarks.
SebastionScotts is not in a
position to arbitrate trademark disputes between the advertisers on our network,
Network and trademark owners. Accordingly, we
encourage trademark owners to resolve their disputes directly with the
advertisers, particularly because the advertisers may have similar advertisements on
other sites. Similarly, our network does
not control and assumes no responsibility for content
that appears on a third party's website that may be accessed via the SebastionScotts Network and trademark owners
should contact third-party sites directly to resolve trademark disputes.
As a courtesy to federally registered trademark
owners, however, we are willing to perform a limited investigation of reasonable
complaints.
If you are an owner of a registered trademark (or represent an
owner of a registered trademark) and have an objection to content corresponding to
your trademark on our Network
that is consistent with the foregoing, or if you
believe that we have improperly used your registered trademark to promote the
our Network on a third-party
website, please provide the following information in a signed letter on company
stationery:
- Name of Company
- Contact information (including email address)
- List of registered trademark(s) at issue including
a copy of each relevant federal trademark registration certificate(s)
- The identity of the advertisement(s) at issue (via
the URL stated on the bottom line of the ad or other identifying information).
Please indicate if your complaint is limited to specific
advertisers/advertisements or if it is a general objection to all advertisers.
- If certain affiliates or partners are permitted to
use your trademark in their ad content, please list the company names in your
letter.
- Include the following statement: "I have a good
faith belief that use of the trademarks described above with the
advertisements described above are not authorized by the trademark owner or
its agent, nor is such use otherwise permissible under law."
- Include the following statement: "I represent that
the information in this notification is true and correct and that I am
authorized to act on behalf of the trademark owner."
- Your signature
The notice should be sent to:
SebastionScotts
via fax to Fax Number: 1-888-832-2976 (Attn:
Copyright Agent)
-or-
via email to copyright@sebastionscottsdirect.com
Upon receipt of notice as described above, our network will
confirm the existence of the federal registration
of the trademark in question and will take whatever action, in its
sole discretion, it deems appropriate, including removal of the challenged content from
our Network. In
the event that the challenged content has been provided
to our network by a third party
and in our network's sole discretion,
we conclude that the content is identical to the registered mark and is
used in connection with goods and/or services covered by the trademark owner's
federal registration, our network
will provide to notice to the third party prior to
any removal of content. If prior to such removal, the third party demonstrates
that it has its own trademark registration or approved trademark application covering the
challenged content, our network will not
remove the content.
Not withstanding the foregoing, SebastionScotts will comply as appropriate with the terms of
any court order relating to the behavior of the challenged party identified in
such court order.
Termination.
You can cancel your account at any time by
contacting Customer
Service . We
can cancel your account or otherwise refuse service to you at any time for any
reason (including repeat infringement). SebastionScotts and the Network may choose to assume that you intended to terminate
your account if you do not access it for more then 6 months. Following
termination of your account for any reason (including inactivity), at their
sole option, our network and its licensees
may continue or stop publicly displaying some or all of your
content.
Other Rules.
You agree to comply with all laws and regulations applicable to your access and
use of our Network and publishing your
content. You may not harvest personal data (including
email addresses) from our Network, and
specifically you may not use email addresses displayed
on our sites to ask users to join or contribute to your services. We
have the right to investigate and prosecute violations of any of the above
to the fullest extent of the law. We may involve and cooperate with law enforcement authorities
in prosecuting users who violate the terms of this Agreement. You acknowledge
that our network has no
obligation to monitor your access to or use of our network, but has the right to do
so for the purpose of operating our Network,
to ensure your compliance with this Agreement,
or to comply with applicable law or the order or requirement of a court,
administrative agency or other governmental body. Unless we explicitly agree
otherwise in writing, you may not use any automated means (such as scripts)
to access our Network
or collect information from it.
Indemnity.
By choosing to use our network, you agree to indemnify SebastionScotts, its officers, agents, partners and employees
from any and all claims or damage, including reasonable attorney's fees, made by
third parties due to or arising out of
1) Content you choose to submit,
post or transmit through our network
Network;
2) your use of or connection to the SebastionScotts Network;
3) your violation of the User
Agreement; or
4) your violation of any rights of another.
Release.
Because we are a venue, in the event that you have a dispute with one or
more users (including merchants) of our network, you, on behalf of yourself (and any of your
officers, directors, employees, agents, predecessors, successors and assigns),
hereby irrevocably release and discharge SebastionScotts, our officers, directors, employees, attorneys,
predecessors, successors, assigns and agents from, against and in respect of all
past, present and future claims, rights, actions, causes of action, suits,
indemnification obligations, losses, liabilities, matters, issues, cost and
expenses, of any kind or nature whatsoever, including without limitation court
costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed
or contingent, suspected or unsuspected, in law or in equity, concerning,
related to or arising out of any such disputes. To ensure that the release
provided in this Agreement is fully enforceable in accordance with its terms,
you knowingly and voluntarily waive any protection that you might have in
relation to the release set forth in this section by virtue of SECTION
36-9-101. Short title. [SC ST
SEC 36-9-101] Uniform Commercial Code--Secured Transactions, which provides: "’Good faith’ means
honesty in fact and the observance of reasonable commercial standards of fair
dealing.” In addition, you hereby knowingly and voluntarily waive any protection
that may exist under any comparable or similar statutes or principles of common
law applicable in states other than South Carolina as it pertains to the
enforcement of the release in this section.
Liability
Limits.
Our network
and its suppliers shall not be liable to you for any
lost profits or special, incidental or consequential damages arising in any way
(including negligence) out of or in connection with SebastionScotts and/or SebastionScotts Direct and its parent, subsidiary or affiliate companies,
our services or this Agreement. Other than for Royalties, we and our suppliers
shall not be liable to you for more than $75.
Certain state laws do not allow the exclusion or
limitation of certain damages. If these laws apply to you, some or all of the
above exclusions or limitations may not apply to you, and you might have
additional rights.
Governing
Law/Arbitration.
This Agreement is governed by South Carolina law and as such laws apply to Agreements entered into
and to be performed entirely within South Carolina between South Carolina residents
and without regard to conflict of laws. Any claim arising out of or relating
to this Agreement or our network
Network shall be settled by binding arbitration in
Charleston County, South Carolina in accordance with the American Arbitration
Association's commercial arbitration rules. Any such claim shall be arbitrated
on an individual basis, not consolidated with another party's claim. Each of us
may conduct discovery per South Carolina H 4228 General Bill Section
37-12-10. Judgment on the arbitration award may be entered into any court with
jurisdiction, and the arbitrator's award shall not be appeal-able or review-able
except as permitted by South Carolina law. However, (a) each of us may seek
interim relief from a Charleston County, South Carolina court to protect the
party's rights or property while arbitration is pending, and (b) at our option,
we may bypass arbitration in cases of fraud or other crimes against us,
interference with our technical operations or violations of our rights or
property.
Integration.
This Agreement, SebastionScotts and/or SebastionScotts Direct Site Policies and our Privacy and Security Policies (which are incorporated herein by reference) constitute the
entire Agreement and supersede any other Agreements or understandings (oral or
written) between you and us with respect to their subject matters.
Disclaimer of
Warranties.
Our Network and its services are provided "as is," without express or implied warranty or condition of any kind, and we explicitly disclaim any warranties of merchant ability, fitness for a particular purpose, quiet enjoyment or non-infringement. We do not promise or warrant that any aspect of the sites or system will work properly or that the information provided is complete or accurate or will be continuously available. The our network may contain links to third-party websites or resources.
You acknowledge and agree that we are not responsible or liable for:
- (1) the availability or accuracy of such websites
or resources; or
- (2) the content, products or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement of such
websites or resources or the content, products or services available from such
websites or resources. You acknowledge sole responsibility for and assume
all risk arising from your use of any such websites or resources. Your correspondence with
or participation in promotions of merchants or advertisers found on
our Network, including
payment and delivery of related goods or
service, and any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such merchant or advertiser. You
agree not to hold our network 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 merchants
or advertisers on our network.
In addition, our network does
not endorse, warrant or guarantee the products or
services of any seller, lender or broker, including any rates, points and loan
programs posted by sellers, lenders or brokers. Nothing on the SebastionScotts Networks constitutes an
advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the
federal Truth in Lending Act.
Certain state laws do not allow limitations on
implied warranties. If these laws apply to you, some or all of the above
disclaimers may not apply to you, and you might have additional rights.
Assignment.
You agree that this Agreement and all agreements and
information incorporated herein may be automatically assigned by SebastionScotts, in its sole discretion, to a third party.
You may not assign your obligations to another entity.
General.
